On the application of legislation by the courts when considering cases of divorce (matrimony)
Normative resolution of the Supreme Court of the Republic of Kazakhstan dated April 28, 2000 No. 5.
The footnote. The title, the preamble and the entire text in Kazakh are being amended, the text in Russian does not change in accordance with the regulatory decree of the Supreme Court of the Republic of Kazakhstan dated 11/28/2024 No. 4 (effective from the date of the first official publication). The footnote. Title as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 12/22/2008 No. 13 (for the procedure of entry into force, see paragraph 2); dated 05/31/2012 No. 2 (effective from the date of official publication). The footnote. Throughout the text, the words "RK" are excluded by the regulatory decree of the Supreme Court of the Republic of Kazakhstan dated 22.12.2008 No. 13 (for the procedure of entry into force, see paragraph 2). Footnote. Throughout the text of the normative resolution, after the words "marriage", "marriage", "marriage", the words "(matrimony)", "(matrimony)", "(matrimony)" are supplemented by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of official publication); the words "registry offices", "registry office", "registry office", "registry offices" were replaced, respectively, by the words "registration authorities", "registration authority", "registration authority", "registration authorities" by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of official publication). The footnote. Throughout the text of the regulatory resolution, the words "Statement of claim", "Statement of claim", "statement of claim", "statement of claim", "statement of claim" are replaced, respectively, by the words "claim", "Claim", "claim", "claim"; in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/07/2023 No. 4 (effective from the date of its first official publication); after the words "to the registration authorities", "to the registration authority", "to the registration authority", "to the registration authorities", respectively, the words ", foreign institutions Of the Republic of Kazakhstan", ", foreign institutions of the Republic of Kazakhstan", ", foreign institutions of the Republic of Kazakhstan", ", foreign institutions of the Republic of Kazakhstan"; in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 07.12.2023 No. 4 (effective from the date of its first official publication);
Considering that when considering cases on the dissolution of marriage (matrimony), the courts have issues related to the application of the norms of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code) governing the termination of marriage (matrimony), its invalidation and property relations of spouses (former spouses), the Plenum of the Supreme The Court decides:
The footnote. The preamble as amended by the normative resolutions of the Supreme Court of the Republic of Kazakhstan dated 12/22/2008 No. 13 (for the procedure of entry into force, see paragraph 2); dated 05/31/2012 No. 2 (effective from the date of official publication); dated 30.09.2021 No. 2 (effective from the date of the first official publication).
1. To clarify that, by virtue of paragraph 1 of Article 16 of the Code, court proceedings on the dissolution of marriage (matrimony) are conducted at the request of one or both spouses.
In cases where it is required to protect the interests of an incapacitated spouse, a lawsuit for the dissolution of marriage (matrimony) may be filed by his guardian or the prosecutor. In accordance with article 56 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), the court may involve in such a process the body performing the functions of guardianship or guardianship in order to give an appropriate opinion on the case.
The footnote. Paragraph 1, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of official publication); dated 03/31/2017 No. 2 (effective from the date of the first official publication).
2. A claim for the dissolution of a marriage (matrimony) must meet the requirements of Article 148 of the CPC. In particular, it indicates when and where the marriage (matrimony) was registered, whether there are children together, their age, whether the spouses have reached an agreement on which minor children will live with them, on the procedure for paying funds for the maintenance of children and (or) a disabled spouse in need, and on the amount of these funds. or about the division of the spouses' common property, the motives for the dissolution of the marriage (matrimony) in the absence of mutual consent to its dissolution, whether there are other requirements that can be considered simultaneously with the claim for the dissolution of the marriage (matrimony). A certificate of marriage (matrimony), if it was issued on paper, copies of birth certificates of children, documents on earnings and other sources of income of the spouses, and other necessary documents are attached to the claim.
The claim for the dissolution of marriage (matrimony) of spouses who do not have common minor children and property and other claims against each other indicates the absence of the defendant's consent to the dissolution of marriage (matrimony) in the registration authorities, foreign institutions of the Republic of Kazakhstan in accordance with paragraph 2 of Article 238 of the Code, or evasion from the dissolution of marriage (matrimony), despite on his lack of objections.
The footnote. Paragraph 2, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 2 (effective from the date of the first official publication); dated 30.09.2021 No. 2 (effective from the date of the first official publication); dated 07.12.2023 No. 4 (effective from the date of its first official publication).
3. To draw the attention of the courts to the obligation of careful preparation of cases on the dissolution of marriage (matrimony) for judicial proceedings. After accepting the claim, the judge should, as a rule, summon the second spouse and find out his attitude to this claim, whether the spouses have any other controversial issues to be resolved by the court, and explain which of the claims can be considered simultaneously with the claim for divorce (matrimony).
Paragraph 3 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/07/2023 No. 4 (effective from the date of its first official publication).
4. According to paragraph 2 of Article 16 of the Code, the satisfaction of the husband's claim for the dissolution of marriage (matrimony) is impossible without the consent of the wife both during her pregnancy and during the first year of the child's life. However, this restriction does not apply to cases where the child was stillborn or did not live to be a year old. In either case, the judge has no right to refuse to accept the claim.
The footnote. Paragraph 4 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of its official publication); the amendment is made in Kazakh, the text in Russian does not change in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/07/2023 No. 4 (effective from the date of its first official publication).
5. As one of the cases of dissolution of marriage (matrimony) in court, the Code provided for the existence of property claims of spouses against each other. Property claims are understood as disputes regarding the division of common property, the payment of funds for the maintenance of an incapacitated spouse, as well as minor children.
The footnote. Paragraph 5 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/07/2023 No. 4 (effective from the date of its first official publication).
6. According to paragraph 1 of Article 17 of the Code, the dissolution of a marriage (matrimony) by mutual consent of spouses who do not have minor children together is carried out at the registration authority or a foreign institution of the Republic of Kazakhstan in the absence of property and other claims against each other.
The dissolution of a marriage (matrimony) in court is carried out in the following cases::
the spouses have common minor children, with the exception of the cases provided for in paragraph 2 of Article 17 of the Code;
absence of consent of one of the spouses to the dissolution of marriage (matrimony);
if one of the spouses, despite his absence of objections, evades the dissolution of the marriage by his actions or inaction;
the existence of property and other claims of the spouses against each other (paragraph 2 of Article 19 of the Code).
Courts should keep in mind that in order to file a lawsuit for the dissolution of a marriage (matrimony) of spouses who do not have property or other claims against each other and common minor children, it is necessary to provide evidence confirming the defendant's refusal to terminate the marriage (matrimony) at the registering authority, a foreign institution of the Republic of Kazakhstan, or his evasion from dissolution. marriage (matrimony), despite the absence of objections.
In the absence of the respondent's consent to the dissolution of the marriage (matrimony) at the registering authority, a foreign institution of the Republic of Kazakhstan, in accordance with paragraph 2 of Article 238 of the Code, documents confirming the spouse's application for the dissolution of the marriage (matrimony) to the registering authority, a foreign institution of the Republic of Kazakhstan are submitted.
In the case when one of the spouses, despite his absence of objections, evades the dissolution of marriage (matrimony), for example, refuses to file a joint application for the dissolution of marriage (matrimony) or a separate application when he is unable to personally appear at the registration authority, a foreign institution of the Republic of Kazakhstan to submit a joint application, as well as when he does not appear at the registration authority, the foreign institution of the Republic of Kazakhstan, one month after submitting the application, the marriage (matrimony) is dissolved in court.
In this case, the plaintiff is obliged to attach to the claim evidence indicating that the defendant evaded the dissolution of the marriage (matrimony) at the registration authority, a foreign institution of the Republic of Kazakhstan. Such evidence includes information from the registering authority, the foreign institution of the Republic of Kazakhstan on the absence of a spouse's application for divorce (matrimony) or on his failure to appear for the dissolution of marriage (matrimony) after one month after submitting the application.
In the absence of such evidence, the application must be returned with reference to subparagraph 1) of the first part of Article 152 of the CPC due to non-compliance with the non-judicial dispute settlement procedure established by law for this category of cases.
The footnote. Paragraph 6 - as amended by the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated 30.09.2021 No. 2 (effective from the date of the first official publication); as amended by the normative Resolution of the Supreme Court of the Republic of Kazakhstan dated 07.12.2023 No. 4 (effective from the date of its first official publication).
7. Excluded by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of its official publication).
8. By virtue of paragraph 2 of Article 17 of the Code, the dissolution of a marriage (matrimony) with persons recognized as missing is carried out at the request of one of the spouses in the registration authorities, foreign institutions of the Republic of Kazakhstan, regardless of whether the spouses have common minor children. Therefore, when filing a claim for the dissolution of a marriage (matrimony) to a person in respect of whom there has been no information about him during the year at his place of residence, the judge refuses to accept the claim for the dissolution of the marriage (matrimony) as not subject to consideration and resolution in civil proceedings, and explains to the plaintiff the procedure for recognizing a citizen as missing.
The footnote. Paragraph 8 is amended by the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated 30.09.2021 No. 2 (effective from the date of the first official publication).
9. Civil cases on disputes concerning the dissolution of marriage (matrimony) between spouses with common minor children, and the division of property (if there are minor children) are considered and resolved by specialized inter-district juvenile courts at the defendant's place of residence.
Claims for the dissolution of marriage (matrimony) may be filed at the plaintiff's place of residence when minor children live with him (part seven of Article 30 of the CPC), with the exception of claims in cases under the jurisdiction of district (city) courts located within cities of republican significance and the capital, regional centers.
A claim for the dissolution of a marriage (matrimony) with a person who does not have a place of residence in the Republic of Kazakhstan may be filed and considered on the merits at the location of his immovable property or at his last known place of residence (part one of Article 30 of the CPC).
A claim for the dissolution of a marriage (matrimony) with a person sentenced to imprisonment, regardless of the term of punishment determined for him, is considered by the court if there are property claims, the dissolution of a marriage between spouses with common minor children is carried out by the court in accordance with the requirements of the third part of Article 27 of the CPC. If a claim for the dissolution of a marriage (matrimony) with a person sentenced to imprisonment is accepted by the court for proceedings in accordance with Article 29 of the CPC, then it is necessary to proceed from the last place of residence of the said person before his conviction.
The footnote. Paragraph 9 is amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/07/2023 No. 4 (effective from the date of its first official publication).
10. In cases of dissolution of marriage (matrimony), the courts, according to the Code, apply measures to reconcile spouses only in cases where there is no consent from one of them to terminate the marriage (matrimony). To this end, the court, at the request of the parties or one of them, or on its own initiative, postpones the hearing of the case and assigns them the time limit for reconciliation established by the Code within six months. The postponement of the case may be repeated, but the total period for reconciliation of the spouses should not exceed six months.
Taking into account the specific circumstances and the existence of valid reasons, the court, at the request of the spouses or one of them, has the right to change the time limit provided to them for reconciliation and consider the case before its expiration.
A ruling on postponing the trial of a case for the reconciliation of spouses may be made without removing the court from the courtroom, with an indication in the minutes of the court session (part three of Article 268 of the CPC).
The footnote. Paragraph 10, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of official publication); dated 03/31/2017 No. 2 (effective from the date of the first official publication); dated 04/15/2021 No. 1 (effective from the date of the first official publication); dated 09/30/2021 No. 2 (effective from the date of the first official publication).
11. Divorce cases should be considered by the courts, as a rule, with the participation of both spouses. It is necessary to comprehensively clarify the relationship between the parties, the motives for which the issue of divorce (matrimony) is being raised, and the real reasons for the discord between the spouses.
However, if there is mutual consent to the dissolution of the marriage (matrimony) of spouses with common minor children, in the absence of property and other claims of the spouses to each other, as well as if one of the spouses submits an application for the dissolution of the marriage (matrimony), and the second, despite the absence of objections, evades his actions or omissions. from the dissolution of the marriage (matrimony), the court terminates the marriage (matrimony) without clarifying the motives for the dissolution of the marriage (matrimony). The dissolution of a marriage (matrimony) in these cases is carried out within a period of up to two months (Article 183 of the CPC).
The footnote. Paragraph 11, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of official publication); dated 03/31/2017 No. 2 (effective from the date of the first official publication).
12. If, after the expiration of the time limit set by the court, the reconciliation of the spouses has not taken place and at least one of them insists on terminating the marriage (matrimony), the court shall terminate the marriage (matrimony).
The footnote. Paragraph 12 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/07/2023 No. 4 (effective from the date of its first official publication).
13. In accordance with paragraph 2 of article 22 of the Code, courts must take measures to protect the rights and interests of minor children of spouses who terminate a marriage (matrimony). During the consideration of the case, the court must find out whether the spouses have reached an agreement on which of them minor children will live with after the dissolution of the marriage (matrimony), whether the procedure for parent-child communication and the procedure for payment and the amount of funds for the maintenance of children have been determined. In this case, an agreement on the payment of alimony must be made in compliance with the requirements of Chapter 22 of the Code.
If there is no agreement between the spouses on the above issues, as well as if the agreement submitted to the court violates the interests of the children, the court is obliged to determine which parent the minor children will live with after the dissolution of the marriage (matrimony), the order of communication between the parent and the child, from which parent and in what amounts alimony is collected. for the maintenance of children.
When considering divorce cases, courts should be guided by the explanations set out in the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated November 29, 2018 No. 15 "On the application of Legislation by Courts in resolving the issue of determining which parent minor children will live with after the dissolution of marriage (matrimony) and the procedure for parent-child communication." disputes related to the upbringing of children."
When resolving a claim for the recovery of alimony, the courts should bear in mind that, according to paragraph 2 of article 164 of the Code, alimony is awarded from the moment of applying to the court. Alimony payments for the past period may be collected within three years from the date of the appeal to the court, if the court finds that the plaintiff took measures to obtain funds for maintenance before filing the claim, but the alimony was not received due to the evasion of the person obligated to pay alimony from their payment.
Such measures may be indicated by contacting the defendant with a demand for the payment of alimony or with a proposal to conclude an agreement on the payment of alimony, filing an application for a court order to collect alimony for a minor child (if the court order was subsequently canceled). The defendant, in turn, is obliged to provide evidence refuting the plaintiff's arguments about the evasion of alimony and confirming the payment of alimony by him during the specified period.
The court should also clarify that a parent living separately from the children is obliged to take part in the upbringing of children and has the right to communicate with them, and the other parent has no right to prevent him from doing so, which is recorded in the minutes of the court session.
In case of refusal of the claim for the dissolution of marriage (matrimony), the claim for the recovery of alimony, if the plaintiff insists on its consideration, the court allocates to a separate proceeding, as indicated in the operative part of the decision.
The footnote. Paragraph 13 is amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/07/2023 No. 4 (effective from the date of its first official publication).
14. When dissolving a marriage, the court, at the request of a spouse who has the right to receive maintenance from another spouse, is obliged to determine the amount of this maintenance. At the request of the spouses or one of them, the court is also obliged to divide the property in their common joint ownership (paragraph 2 of Article 22 of the Code).
In accordance with Article 223 of the Civil Code of the Republic of Kazakhstan (hereinafter – the common joint property of spouses subject to division (paragraphs 1 and 2 of Article 33 of the Code) is any movable and immovable property acquired during marriage (matrimony), which, by virtue of Articles 115, 116, paragraph 2 of Article 191 of the Civil Code, may be the object of citizens' property rights, regardless of whose name from it was acquired by the spouses or one of the spouses contributed money, unless the spouses, in accordance with article 39 of the Code, established another regime defining their property rights and obligations in marriage (matrimony) and (or) in the event of its dissolution (prenuptial agreement).
The footnote. Paragraph 14, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of official publication); dated 03/31/2017 No. 2 (effective from the date of the first official publication).
15. Since, in accordance with the legislation in force before the Decree of the Presidium of the Supreme Soviet of the USSR dated July 8, 1944, an unregistered marriage (matrimony) had the same legal consequences as a registered one, the property acquired jointly by persons who were in a family relationship without registration of marriage (matrimony) before the Decree came into force is subject to the regime of common ownership. spouses. When resolving a dispute over the division of such property, the courts must follow the rules established by articles 33, 34, 35, 36, 37 of the Code.
The footnote. Paragraph 15, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of official publication); dated 03/31/2017 No. 2 (effective from the date of the first official publication).
16. The property to be divided includes the common property of the spouses, which they have at the time of the hearing of the case or held by third parties. If the court finds that one of the spouses alienated the common property or spent it at his discretion against the will of the other spouse and not in the interests of the family, or hid the property, then this property or its value is taken into account when dividing. The total debts of the spouses (paragraph 3 of Article 38 of the Code) and the right to claim obligations arising in the interests of the family are also taken into account.
At the same time, according to article 35 of the Code, property acquired during marriage (matrimony), but with the personal funds of one of the spouses that belonged to him before marriage (matrimony), received as a gift, inheritance or other gratuitous transactions, is not considered common and is not subject to division, and also, personal items purchased at the expense of the spouses' common funds, with the exception of jewelry and other luxury items.
If, after the actual termination of family relations and the management of the common household, the spouses did not jointly acquire property, the court, in accordance with paragraph 2 of Article 35 of the Code, may divide only the property that was their common joint property at the time of the termination of the management of the common household.
The footnote. Paragraph 16 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of its official publication).
17. The division of the common property of the spouses upon the dissolution of marriage (matrimony) is carried out according to the rules established by Articles 37, 38 of the Code and Article 218 of the Civil Code, while the value of the property to be divided, in the absence of an agreement between the parties, is determined by the court on the basis of the opinion of a judicial expert.
If the marriage contract changes the regime of joint ownership established by law, then the court should be guided by the terms of such an agreement when resolving a dispute over the division of property of the spouses. It should be borne in mind that, by virtue of paragraph 2 of Article 43 of the Code, a marriage contract in the same proceeding may be declared invalid in whole or in part at the request of one of the spouses if the terms of the contract put that spouse in an extremely unfavorable position or violate the property rights of children born or adopted in this marriage (matrimony).
The footnote. Paragraph 17, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of its official publication); dated 03/31/2017 No. 2 (effective from the date of its first official publication); dated 12/07/2023 No. 4 (effective from the date of its first official publication).
18. When dividing the spouses' common property, it should be borne in mind that in cases where the division affects the interests of third parties (for example, a peasant (farmer) farm or a former collective farm with the participation of other members in them, a housing and construction or other cooperative of which one of the spouses (or both spouses) was a member, who partially contributed In accordance with paragraph 3 of Article 22 of the Code, the court has the right to separate this claim into separate proceedings.
If, when considering a case on the dissolution of a marriage (matrimony) and the division of the spouses' property (in cases where they have not fully paid the share for the apartment, cottage, garage, other building or room provided by the cooperative), one of the parties asks to determine what share of the share she is entitled to, without raising the issue regarding the division of a share, the court has the right to consider such a claim without separating it into separate proceedings, provided that there are no other persons entitled to share, since this dispute does not affect the rights of the cooperative.
The footnote. Paragraph 18 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of its official publication).
19. The division of a bank deposit in the name of one of the spouses is carried out according to the rules of Article 37 of the Code.
Contributions made by spouses from common property in the name of their minor children, by virtue of paragraph 4 of Article 37 of the Code, are considered to belong to children and should not be taken into account when dividing property that is the joint joint property of the spouses.
If third parties have provided money to the spouses and the latter have deposited it in their name with credit institutions, third parties have the right to file a claim for the refund of the corresponding amounts according to the norms of the Civil Code, which is subject to consideration in a separate proceeding. The claims of members of a peasant (farmer) farm or members of a former collective farm and other persons against the spouses of members of this peasant (farmer) farm or former collective farm may be resolved in the same manner.
The footnote. Paragraph 19 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of its official publication).
20. The spouses, whose marriage is dissolved, carry out the division of property, which is common joint property by mutual agreement, regardless of the date of the dissolution of the marriage. If a dispute arises and there is a statement by the defendant on the application of the limitation period, the court shall calculate the limitation period in accordance with paragraph 1 of Article 180 of the Civil Code.
The three-year limitation period for claims for the division of property that is the common joint property of spouses whose marriage (matrimony) has been dissolved should be calculated from the day when the spouse learned or should have learned about the violation of his right.
The footnote. Paragraph 20 is amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 05/29/2025 No. 3 (effective from the date of the first official publication).
21. If a court refuses to satisfy a claim for the dissolution of a marriage (matrimony), it does not have the right to consider other claims of the spouses filed jointly with this claim in the same proceeding, but, according to article 22 of the Code, separates them into separate proceedings.
The footnote. Paragraph 21 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of its official publication); dated 12/07/2023 No. 4 (effective from the date of its first official publication).
22. A court decision on the dissolution of a marriage (matrimony), as well as a decision on the refusal to terminate a marriage (matrimony), must be lawful and based on evidence comprehensively verified at a court hearing.
In the reasoning part of the decision, in the case when one of the spouses objected to the dissolution of the marriage (matrimony), the reasons for the discord between the spouses established by the court, evidence of the impossibility of preserving the family or the conclusions of the court on the possibility of preserving the family, the arguments on the basis of which the court rejects certain evidence, the laws that guided the court are indicated.
The operative part of the decision to satisfy the claim for the dissolution of marriage (matrimony) must contain the court's conclusion on all the claims of the parties listed in paragraph 2 of Article 22 of the Code, including those combined for joint consideration. The surnames of the spouses are recorded in the decision in accordance with the marriage certificate, and in the case of a change in the surname upon marriage, the premarital surname must also be indicated in the introductory part of the decision.
The decision reflects the moment of termination of the marriage (matrimony) - from the date of entry into force of the decision.
The footnote. Paragraph 22, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of official publication); dated 03/31/2017 No. 2 (effective from the date of the first official publication); dated 04/15/2021 No. 1 (effective from the date of the first official publication); dated 12/07/2023 No. 4 (effective from the date of its first official publication).
23. In the case of reconciliation of the spouses after the decision on the dissolution of the marriage (matrimony), the court, if there is a written statement about it, has the right to terminate the execution of the decision by its ruling before the deadline for the entry into force of the decision.
The footnote. Paragraph 23 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/15/2021 No. 1 (effective from the date of the first official publication).
24. If, during the cassation hearing, it is established that the decision on the dissolution of marriage (matrimony) has been submitted to the registration authorities, foreign institutions of the Republic of Kazakhstan and the registration of the dissolution of marriage (matrimony) has been completed, then the cancellation of such a decision, taking into account this circumstance, may follow if significant violations of substantive and procedural law are identified.
After the decision on the dissolution of marriage (matrimony) is annulled in cassation, the court, upon reconsideration of this case, is also obliged to check whether the dissolution of marriage (matrimony) has been registered with the registration authorities and foreign institutions of the Republic of Kazakhstan. When making a new decision, the court, if there is a record of the act of dissolution of marriage (matrimony) in the registration authorities and foreign institutions of the Republic of Kazakhstan, is obliged to resolve the issue of its annulment.
If by that time one of the spouses has entered into a new marriage (matrimony), then the issue of the invalidity of this marriage (matrimony) must be resolved at the request of the persons concerned after the entry into force of the court decision on the refusal to terminate the previous marriage (matrimony).
The footnote. Paragraph 24 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 2 (effective from the date of the first official publication); dated 07.12.2023 No. 4 (effective from the date of its first official publication).
25. The court has the right to consider in one proceeding both interrelated claims for the dissolution of a marriage (matrimony) and for its invalidation (counterclaim).
When accepting a claim for recognition of a marriage (matrimony) as invalid, the judge must find out on what basis the validity of the marriage (matrimony) is being challenged (article 25 of the Code) and whether the plaintiff belongs to the category of persons who, by virtue of article 26 of the Code, have the right to demand recognition of the marriage (matrimony) as invalid, on this basis. If the applicant does not belong to such persons, the court denies his claim.
The list of grounds for declaring a marriage (matrimony) invalid, contained in paragraph 1 of Article 25 of the Code, is exhaustive and is not subject to broad interpretation. Such grounds include: violation of the established conditions of marriage (matrimony), including the requirements for the age of marriage (Articles 9-10 of the Code); marriage (matrimony) of persons between whom marriage (matrimony) is not allowed (Article 11 of the Code), as well as the conclusion of a fictitious marriage (matrimony), in in which the parties or one of them had no intention of starting a family.
A marriage (matrimony) entered into under duress may be declared invalid, as well as if one of the persons entering into marriage (matrimony) concealed from the other the presence of a disease that poses a real threat to members of an educated family, personal and public safety.
Taking this into account, a violation of the requirements established by article 13 of the Code for the procedure for concluding a marriage (matrimony) cannot be the basis for declaring a marriage (matrimony) invalid.
The footnote. Paragraph 25 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of its official publication).
26. In accordance with paragraph 4 of Article 27 of the Spouse's Code, after the dissolution of marriage (matrimony) both in court and through registration authorities, it is not entitled to raise questions about the recognition of this marriage (matrimony) as invalid.
If there is a degree of kinship prohibited by Law between the spouses or the condition of one of them at the time of registration of the marriage (matrimony) in another undissolved marriage (matrimony), if the marriage (matrimony) is dissolved in court, then the claim for recognition of the marriage (matrimony) as invalid may be considered by the court, subject to the cancellation of the decision on the dissolution of the marriage (matrimony), since, in making such a decision, the court proceeded from the fact of the validity of the marriage (matrimony). According to the second part of Article 76 of the CPC, the circumstances established by such a decision cannot be challenged by the same parties in another process.
If the marriage (matrimony) is terminated out of court, and subsequently demands are made for the annulment of the record of the dissolution of the marriage (matrimony) (registration) and its invalidation, the court resolves both of these claims in one proceeding.
The footnote. Paragraph 26 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of official publication); dated 03/31/2017 No. 2 (effective from the date of the first official publication).
27. By virtue of paragraph 1 of Article 23 of the Code, a marriage (matrimony) dissolved in court is considered terminated from the date of entry into force of the court's decision, i.e. one month after the court's final decision (Article 403 of the CPC) or after the issuance of an appeal decision. This provision does not apply to cases when the marriage (matrimony) was dissolved in court before December 24, 1998, the day of the official publication of the Law of the Republic of Kazakhstan dated December 17, 1998 No. 321-I "On Marriage and Family", since in these cases the marriage (matrimony) is considered terminated from the moment the divorce is registered (article 40 of the Marriage and Family Code of the Kazakh SSR).
A marriage (matrimony) dissolved at the registration authorities and foreign institutions of the Republic of Kazakhstan is considered terminated from the date of state registration of the dissolution of the marriage (matrimony), regardless of when it was dissolved - before December 24, 1998 or after that date.
The footnote. Paragraph 27 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 05/31/2012 No. 2 (effective from the date of official publication); dated 03/31/2017 No. 2 (effective from the date of the first official publication).
28. The content of the minutes of the court session on the dissolution of marriage (matrimony) must comply with Article 282 of the CPC, in particular, it must reflect all the essential points of the trial: information about the plaintiff and the defendant, about the children and their age, detailed explanations on the merits of the claim, witness testimony, court examination of other evidence, as well as actions of the court for the reconciliation of spouses.
In the case of recording the proceedings using audio or video recordings, a short protocol is drawn up in accordance with part four of Article 282 of the CPC.
The footnote. Paragraph 28 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 03/31/2017 No. 2 (effective from the date of the first official publication); dated 04/15/2021 No. 1 (effective from the date of the first official publication).
29. With the adoption of this resolution:
to invalidate the resolution of the Plenum of the Supreme Court of the Kazakh SSR dated 06/27/87 No. 4 "On the implementation by the courts of the Republic of the Resolution of the Plenum of the Supreme Court of the USSR dated 11/28/80 No. 9 "On the practice of applying legislation by courts when considering cases of divorce (matrimony)";
to recognize as invalid in the Republic of Kazakhstan the resolution of the Plenum of the Supreme Court of the USSR dated 11/28/80 No. 9 "On the practice of applying legislation by courts when considering cases of divorce".
The footnote. Paragraph 29 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 2 (effective from the date of the first official publication).
30. According to article 4 of the Constitution of the Republic of Kazakhstan, this regulatory resolution is included in the current law, and is also generally binding and effective from the date of its official publication.
The footnote. The regulatory resolution was supplemented by paragraph 30 in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 2 (effective from the date of the first official publication).
Chairman of the Supreme Court of the Republic of Kazakhstansecretary of the Plenum, Judge of the Supreme Court of the Republic of Kazakhstan
Chairman of the Supreme Court
Republic of Kazakhstan
Secretary of the Plenum,
Judge of the Supreme Court
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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