Divorce while abroad | Divorce Lawyer | Legal advice on family disputes

A citizen of the Republic of Kazakhstan "Vova" and a citizen of the Russian Federation "Lena" decided to end their marriage due to the dissimilarity of characters. In accordance with the legislation of the Republic of Kazakhstan, if the parties do not have minor children together, and the parties do not have property or other claims against each other, then the grounds for state registration of the dissolution of marriage are a joint application of the spouses for the dissolution of marriage, or a statement from one of the spouses. The application is submitted to any registration authority in the territory of the Republic of Kazakhstan at the request of the spouses or one of them. The problem is that the parties were in the United States and did not have the opportunity to fly to the Republic of Kazakhstan to apply for state registration of the divorce. Due to the fact that a citizen of the Republic of Kazakhstan "Vova" and a citizen of the Russian Federation "Lena", not understanding the way out of the situation, a Citizen of the Republic of Kazakhstan "Vova" turned to the Law and Law Law Firm to resolve his issue.

Divorce while abroad | Divorce Lawyer | Legal advice on family disputes

In accordance with paragraph 4, Article 241 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", it is stated that if one of the spouses cannot appear at the registration authority for state registration of the dissolution of marriage, in accordance with the Civil Code, they are given a power of attorney to represent his interests. The Law states that a citizen of the Republic of Kazakhstan residing outside the territory of the Republic of Kazakhstan has the right to terminate a marriage with a spouse residing outside the Republic of Kazakhstan, regardless of his nationality, in a court of the Republic of Kazakhstan. Thus, after we received a power of attorney to represent interests in court from a Citizen of the Republic of Kazakhstan "Vova", we submitted applications for state registration of the dissolution of marriage to the registration authority. Subsequently, the registration authority issues a referral to the court due to the fact that the defendant's side did not appear and did not file an application for divorce. As a result, the Turksib District Court, taking into account the consent of the parties to the dissolution of the marriage and the absence of common children, as well as taking into account the absence of property and other claims against each other, the Court decided to satisfy the plaintiff's statement of claim for the dissolution of the marriage in full.

Divorce while abroad | Divorce Lawyer | Legal advice on family disputes

Note: On July 14, 2022, amendments were made to the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", where the Code provided for the above situation and amended Article 244 of the Code, which states that a citizen of the Republic of Kazakhstan residing outside the territory of the Republic of Kazakhstan has the right to terminate a marriage with a spouse residing outside the Republic of Kazakhstan, regardless from his citizenship in foreign institutions of the Republic of Kazakhstan. Dear clients, if this case is similar to your problem, we recommend that you first consult in detail with a lawyer and build a clear plan for a successful resolution of the dispute.

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Sincerely, the Lawyer of the Law Firm "Law and Law" Kenesbek Islam tel.: +7 708 971 78 58 . 

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