Judicial dissolution of a marriage registered between spouses with a minor child
On March 12, 2021, the Almaty District Court of Nur-Sultan considered the divorce case in open court. The parties have been married since June 29, 2016. They have a minor child from this marriage: BBN, born on 11/01/2016. The plaintiff filed a lawsuit for divorce, arguing that living together with the defendant did not work out, and the marital relationship was effectively terminated in January 2020. An agreement has been reached between the parties on the issues of upbringing and maintenance of minor children. There is currently no dispute over the division of their joint property. At the hearing, the plaintiff asked to satisfy the claim, pointing out that the preservation of the family is impossible, attempts to preserve the family did not lead to the desired result. The defendant, ENB, did not appear at the court hearing, although he was duly informed of the time and place of the hearing. He did not inform the court about the reasons for his non-appearance, and the court did not receive any applications for adjournment of the court session or for consideration of the case in his absence.
Judicial dissolution of a marriage registered between spouses with a minor child
In this regard, according to Article 256 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), the court considers it possible to consider the case in absentia In accordance with Part 1 of Article 19 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and the Family", the dissolution of marriage in court is carried out if the court finds that the further life of the spouses and the preservation of the family is impossible. The court session established that by the time of the appeal to the court, the marriage had broken up, the parties to the case were not running a common household, and marital and family relations had been terminated. The issues of determining the place of residence of minor children have been resolved by the parties: BBN, born on 11/01/2016, will live with his mother, who will not interfere with communication with his father. There is no dispute on the division of joint property and the recovery of alimony at the time of filing the claim. The court took measures to reconcile the spouses, provided a period for reconciliation, and recommended the services of psychologists, but reconciliation between the parties did not take place. Considering that the parties do not actually maintain marital relations, in this regard, the court concluded that further joint life of the spouses and the preservation of the family are impossible, the plaintiff's claim for the dissolution of the marriage must be satisfied. In accordance with article 73 of the Code, a parent living separately from a child has the right to communicate with the child, participate in his upbringing and resolve issues related to the child's education and other important issues for the child. The parent with whom the child lives should not interfere with the communication of the child with the other parent, if such communication does not harm the physical and mental health of the child, his moral development. If there is a dispute about determining the place of residence of a joint minor child, interested persons have the right to apply to the specialized interdistrict juvenile court with an appropriate statement of claim. The parties also have the right to file a lawsuit in the event of a dispute over the division of property and debt – within three years from the date of termination of the marriage.
Explain to the parties that a court decision on the dissolution of a marriage (matrimony) that has entered into legal force is not subject to state registration with registration authorities. The spouses have the right to enter into (register) a new marriage (matrimony) after the entry into force of the court decision on the dissolution of the marriage (matrimony). In accordance with Article 109 of the CPC, the court awards all court costs incurred in the case to the party in whose favor the decision was made. The plaintiff did not request to collect from the defendant the state fee paid when filing the claiExplain to the parties that a court decision on the dissolution of a marriage (matrimony) that haed into legal force is not subject to state registration with registration authorities. The spouses have the right to enter into (register) a new marriage (matrimony) after the entry into force of the court decision on the dissolution of the marriage (matrimony). In accordance with Article 109 of the CPC, the court awards all court costs incurred in the case to the party in whose favor the decision was made. The plaintiff did not request to collect from the defendant the state fee paid when filing the claim. In this regard, the awhis regard, the award of court costs for the refund of the state fee to the plaintiff is not subject to resolution, Guided by ArticLaw Law Company
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