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Terms of consideration of the case on the dissolution of marriage (matrimony)
By virtue of paragraphs 3, 4 of Article 19 of the Code, a marriage (matrimony) is legally dissolved after one month from the date on which the spouses file an application for dissolution of the marriage (matrimony) with the court. In exceptional cases, the court may terminate the marriage (matrimony) before the expiration of the period specified in paragraph 3 of this article.
In the course of the generalization, it was found that some judges, in violation of the above-mentioned requirements of the law, issued a decision on the dissolution of marriage before the expiration of a month.
For example, the Akkayyn district Court of the North Kazakhstan region ruled in a civil case on the claim of I.L. to I.V. for divorce on July 14, 2020, and the lawsuit was filed on June 16, 2020.
Similarly, in the case of B.Y.'s lawsuit against B.S. on the dissolution of marriage. The claim was filed on January 20, 2021, and the decision was made on February 17, 2021.
It does not follow from the contents of these judicial acts that there were exceptional grounds allowing the marriage to be dissolved before the expiration of the statutory period.
It should be noted that neither paragraph 4 of Article 19 of the Code nor the Regulatory Decree provides a list of circumstances that can be classified as exceptional and annul the marriage before the expiration of a month after submitting the application.
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