The dissolution of a marriage between spouses who do not have children together and disputes over property

 

Case No.7575-24-00-2/1871 dated July 25, 2024

 

According to paragraph 2, Article 238 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and family" (hereinafter referred to as the Code), the state registration of the dissolution of marriage (matrimony) in the registration authorities is carried out with mutual consent to the dissolution of marriage (matrimony) of spouses who do not have common minor children, and the absence of property and other claims to each other.

Thus, an Application for state registration of the dissolution of marriage (matrimony) was sent to the Office of the Akim of the Auyezovsky district of Almaty, the Civil Registration Department, via E-oninish.

Since on September 06, 2021, A.Zh.Zh., entered into an officially registered marriage with a citizen of the Republic of Kazakhstan, M.R., as evidenced by the Marriage Certificate No. 50-556-21-0002078 dated 09/06/2021, there are no children from the joint marriage, and there are no property and other claims against each other. The marriage was terminated due to the dissimilarity of the characters of the parties in 2022. As of today, apart from his phone number, we do not know his permanent place of residence, work, etc.

Article 239 of the Code states that the state registration of the dissolution of marriage (matrimony) is carried out at any registration authority in the territory of the Republic of Kazakhstan at the request of the spouses or one of them.

In accordance with paragraph 4, Article 241 of the Code, which states that if one of the spouses cannot appear at the registration authority for the state registration of the dissolution of marriage (matrimony), with the exception of the state registration of the dissolution of marriage (matrimony) on the basis of a joint application of the spouses, in accordance with the Civil Code, they are issued a power of attorney for representing his interests.

Considering that the parties do not have joint minor children, there are no property disputes, according to the norms of art. 238 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", art. 152 and 279 of the CPC RK stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff does not comply with the pre-trial procedure, The mandatory procedure for preliminary pre-trial dispute resolution established by law for this category of cases and the possibility of this procedure have not been lost and have been preserved.

Based on the above, guided by Chapter 28 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", the RAGS authorities were asked to terminate the marriage registered under No. 50-556-21-0002078 dated 09/06/2021 between A.J.J. and M.R.

On June 06, 2024, we received a reply stating that M.R. had not come to the institution and had not received an Application for divorce from him.

Subsequently, the RAGS authorities replied that we needed to file a lawsuit for the dissolution of the marriage in court.

On July 25, 2024, the Alatau District Court of Almaty considered in open court a civil case on the claim of A.J.J. to M.R. for the dissolution of marriage.

The court, guided by Article 19 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), the dissolution of marriage (matrimony) is carried out in court if one of the spouses, despite the absence of objections, evades the dissolution of marriage (matrimony) by his actions or inaction.

The dissolution of the marriage in the RAGS department did not take place due to the lack of consent of one of the spouses to the dissolution of the marriage, as evidenced by the referral to the court dated June 06, 2024.

In accordance with subparagraph 2) According to paragraph 2 of Article 19 of the said Code, the dissolution of a marriage (matrimony) in court is also carried out in cases where one of the spouses does not consent to the dissolution of the marriage (matrimony).

In addition, according to paragraph 3 of Article 19 of the Code, the dissolution of a marriage in court is carried out no earlier than one month from the date of filing an application for divorce by the spouses. Since the marital relations between the parties have actually been terminated, attempts at reconciliation have been unsuccessful, the court considers the claim to be fully satisfied.

According to the first part of Article 109 of the CPC, the court awards the party in whose favor the decision was made, on the other hand, all court costs incurred in the case, namely representation costs in the amount of 250,000 tenge.

Guided by Articles 223-226 of the CPC, the court decided

A.J.J.'s claim to M.R. for the dissolution of marriage must be satisfied.

The marriage between A.J.J. and M.R. was registered on September 06, 2021 by the Department of Civil Registration of the Auezovsky district of Almaty, registration record No. 50-556-21-0002078 - terminate.

To collect from M.R. in favor of A.Zh.Zh. representative expenses in the amount of 250,000 / two hundred and fifty thousand/ tenge. The marriage is considered terminated from the moment the decision comes into legal force.

 

 

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