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Divorce in Kazakhstan: legal rules. Divorce in Kazakhstan. Divorce procedure. All about divorce in Kazakhstan. divorce proceedings

Sad statistic: There are 25 divorces per 100 marriages in Kazakhstan. And even more sad is the fact that the number of divorces has been growing for the seventh year in a row. So today the issue of divorce is on the agenda quite acutely.
What is the divorce procedure in Kazakhstan (rules)? Registration of a divorce: how to apply for a divorce, how to file a divorce in the Republic of Kazakhstan? What documents are needed for a divorce in Kazakhstan? How to divorce your husband if you have small children? Where and how to apply for divorce? In some cases, divorce through the court, and in which divorce through the registry office (the new name of the registry office). How does the division of spouses' property take place during a divorce, how much does a divorce cost in Kazakhstan, who pays the debts, the Law on Divorce in the Republic of Kazakhstan and the divorce process - you will learn about all this from our article.

By the way, after the introduction in January 2012 of the new Code "On Marriage (Matrimony) and Family" in Kazakhstan, the departments of the ZAGS (registration of acts of civil status) are called the departments of RAGS - registration of acts of civil status. Therefore, both the old and the new names are used in the text below.

Rules for divorce of citizens in Kazakhstan

The procedure for terminating a marriage in Kazakhstan is regulated by the Law “On Marriage (Matrimony) and the Family”. According to Art. 15 - 16, marriage can be dissolved in such cases:

  • in case of death, declaring one of the spouses dead or missing by the court;
  • if one of the spouses is recognized in judicial order incompetent;
  • at the request of one or both spouses.

It is clearly spelled out in the law, and in what cases a divorce in the Republic of Kazakhstan is impossible - neither upon application, nor through the court. According to Art. 16 part 2 of the Law “On Marriage and Family”, in Kazakhstan it is impossible to get a divorce without the consent of the wife if she is pregnant or if the family has a child under one year old.

In other cases, the marriage can be dissolved in the registry office or through the courts.

Divorce procedure in Kazakhstan or How to file for divorce?

Where do spouses get divorced in Kazakhstan? For those who want to get a divorce, the legislation of Kazakhstan provides two ways:

  • By mutual agreement through the civil registration authorities (RAGS, formerly they were called ZAGS) if the situation in the family meets certain conditions(no children);
  • through the court.

Dissolution of marriage in the registry office (former registry office)

If the divorce occurs by mutual agreement, the couple does not have minor children and property claims, then the dissolution of the marriage takes place in the registry office.

In addition, at the RAGS, at the request of one of the spouses, marriages are dissolved in the cases described in Art. 17 (part 2) of the Law of the Republic of Kazakhstan "On Marriage and Family":

  • if the second spouse is declared missing;
  • if the other spouse is recognized by the court as legally incompetent (or has limited legal capacity);
  • in case of conviction of the second spouse for a term of more than 3 years with serving a sentence in places of deprivation of liberty.

In these cases, the presence of children under the age of 18 in the family does not matter. The marriage will be dissolved. Marriage is considered terminated from the date of registration of the dissolution of marriage in the register of acts of civil status.

Divorce by mutual consent

How to divorce a husband (wife) if there is mutual consent of the spouses to divorce? In the case when they do not have common minor children, divorce registration takes place at the registry office. To do this, the spouses apply to the registry office joint statement place of residence of one or both spouses.

The document "Certificate of Marriage" is submitted in the Republic of Kazakhstan during a divorce to the Registry Office.

After a month from the date of filing the application, the marriage is dissolved, and the spouses are issued a certificate of divorce. This period cannot be extended or shortened. The presence of both spouses during the dissolution of marriage is mandatory. If the husband or wife for some reason could not come, the application will have to be submitted again.

If the family has children under 18, even with the mutual consent of the spouses, divorce is possible only through the courts. In this case, the marriage is dissolved without clarifying the motives and without providing a period for reconciliation.

How to file for divorce online?

Since 2012, an application for divorce can be filed via the Internet - on the e-government portal. This is possible if the spouses have expressed mutual consent to the dissolution of the marriage and they do not have minor children.

When filling out an online application, you will need to enter your TIN and certify it electronically digital signature.

A certificate of divorce can be obtained from the Civil Registry Office (the date and time will be indicated in the notification).

The service is available only to couples who got married after 1.06.2008.

Divorce in court

You will have to go to court if

  • one of the spouses does not want to get a divorce;
  • there are common minor children in the family;
  • if one of the parties has property claims;
  • if one of the spouses evades a divorce (for example, on the appointed day he does not appear at the registry office, although he was not against a divorce).

According to the current legislation, the dissolution of a marriage in court is possible not earlier than one month from the date of filing statement of claim. If one of the spouses does not agree to a divorce, the divorce proceedings can take up to 6 months, since in this case the court sets a period for reconciliation of the spouses. If reconciliation does not occur after this period, the marriage is dissolved.

In addition to the very fact of divorce, the court resolves property disputes and determines with whom the children will live after the divorce, as well as what will be the procedure for paying alimony.

Marriage is considered annulled from the day the court decision enters into legal force.. A copy of the court decision is sent within 3 days to the RAGS bodies.

After that, you need to come to the registry office at the place of residence and submit an application, attaching a court decision to it. Based on this, a record of the dissolution of the marriage will be made and divorce certificates will be issued.

Documents for divorce in court

Everyone knows for sure that the divorce procedure begins with the filing of an application. But the list of documents is not limited to the application only. And the application itself must be of the established form and will be required in 3 copies: for the court, for the defendant and for the plaintiff (this copy must be stamped, which will indicate that the application has been accepted for consideration).

So, what documents are needed for a divorce, besides an application? By law, the applicant must also provide:

If there are no minor children, 2 documents are required:

  • address certificate of the initiator of the divorce.

If you have minor children, you need 3 documents:

  • original marriage certificate;
  • copies of children's birth certificates.

For a divorce with the recovery of alimony, you need 4 documents:

  • original marriage certificate;
  • address certificate of the initiator of the divorce;
  • copies of birth certificates of children;
  • a certificate from the clinic stating that there are children (other names for the certificate are a certificate for alimony, a certificate that the child is alive). The certificate is valid for 3 days.

The court may also require additional documents depending on the situation:

  • address certificate for the defendant's spouse;
  • certificate of his work and income (for the recovery of alimony);
  • documents certifying the rights to property - at its division.

If the husband or wife cannot or does not want to take part in the trial (for any reason), and his interests are represented by a third party, a notarized power of attorney will additionally be required.

Where to apply for a divorce?

Documents are submitted to the court at the place of residence of the defendant (or, if the place of residence is unknown, at the location of his property). The law allows filing a statement of claim at the place of residence of the applicant in the following cases:

  • if the plaintiff, for health reasons, cannot attend a court session at the place of residence of the defendant;
  • if a minor child lives with the plaintiff.

The amount of the state fee for divorce

When filing a claim for divorce with the court, the applicant is charged a state duty in the amount of 30% of the MCI (757.5 tenge in 2019).

When dividing property, the state duty is 1% of the amount of the claim (Article 535 of the Tax Code of the Republic of Kazakhstan). You will also need to pay a state duty for registering a divorce (according to Article 537 of the Tax Code). Its amount also depends on the MCI and is:

  • 200% MCI (5050 tenge in 2019) - if the divorce is mutual agreement and the spouses do not have children under the age of 18;
  • 150% of the MCI (3,787.5 tenge in 2019) - if the divorce occurs through the court;
  • 10% MCI (252.5 tenge in 2019) - if the dissolution of the marriage occurs due to the recognition of one of the spouses as incapacitated, missing or if one of the spouses is sentenced to imprisonment (for a period of more than 3 years).

Attention! The amount of the state duty is given as of 2019 (MCI - 2,525 tenge).

Who are the children with?

The most affected party in a divorce, of course, are children. The state protects the interests of its little citizens in every possible way. That is why the law separately stipulates the procedure for dissolution of marriage for couples with and without children.

So childless couples can get divorced simply by submitting an application to the registry office (if there are no property disputes and there is a mutual desire to dissolve the marriage).

If the spouses have minor children, then even if they have shown mutual consent to part and amicably resolve material issues, it will be possible to dissolve the marriage only through the courts. And the first question that concerns children with litigation- with whom will the child remain after the divorce?

Of course, most often the parents decide this even before the court and, as a rule, the child remains with the mother. But there are times when the mother and father cannot agree, and then the judge makes the decision. By law (Article 68), parents have equal rights and are equally responsible to their minor child, therefore, the priority in choosing a place of residence is not determined by law.

However, in practice, most often the court leaves the child with the mother, guided only by the interests of the child. This takes into account a number of factors:

  • age of the child (children);
  • relationship between parents and children;
  • the possibility of creating conditions for education;
  • personal qualities of parents;
  • the opinion of the child himself (if he is 10 years old and if the choice does not contradict his interests).

In what cases does the court give the child to the father? The reasons may be the following:

  • alcoholism, drug addiction, antisocial lifestyle of the mother;
  • a criminal record;
  • facts of violence against a child;
  • unsatisfactory performance by the mother of her parental responsibilities(the child does not go to school, the mother leaves with strangers, etc.);
  • mother is unable to provide normal conditions for a child (unsanitary living conditions, a large number of people in the same living space, etc.);
  • a serious illness that makes it impossible for the mother to live with the child.

Reasons for divorce

According to last year, among the CIS countries in the ranking by the number of divorces, Russia is in 1st place, and Ukraine is in 2nd place. Kazakhstan takes the 3rd place in the list.

What is the reason that people, having lived together for some time, decide to leave, and file for divorce? According to statistics, the most common reasons for divorce in Kazakhstan are the following:

  • lack of deep relationships, lack of communication, mutual understanding;
  • violence in family;
  • sexual dissatisfaction;
  • selfishness, inability to admit one's mistakes;
  • lack of family values;
  • marriage of convenience;
  • unpreparedness for marriage;
  • addictions (alcohol, Internet, etc.);
  • problems of the socio-economic plan;
  • influence of parents (or other relatives) on family life;
  • treason;
  • absence of children in marriage;
  • difference in social status;
  • differences in views on religion.

Division of property in a divorce

If the spouses themselves, “peacefully”, did not agree on the division of property, this issue will be decided by the court. But, when announcing your property claims, it will not be superfluous to know how everything that the spouses have will be divided. This process is regulated by the Law of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” (Art. 33-38).

The first thing to be aware of is that all property acquired during the marriage is divided, regardless of whether both spouses worked, or only one of them. It often happens that a woman, having married, settles at home - looks after the children, leads household etc. But this does not mean that after the divorce, everything that was purchased with the money earned by the husband will remain with him. Housework is also work. So an apartment, a car, cash savings, household appliances and other acquisitions will need to be divided equally. You will have to share both jewelry and luxury items - these things by law do not apply to things for personal use.

Property is not divided, which, according to Art. 34 of the Law "On Marriage and Family", is the property of each of the spouses. This includes:

  • property that belonged to the spouses before;
  • property received as a gift, inheritance or other gratuitous transactions;
  • personal items (shoes, clothes, etc.);
  • property acquired during separation spouses at the actual termination of marriage.

In addition, items that were purchased for minor children (clothes, shoes, musical instruments and so on.). These things are transferred to the spouse with whom the children remain after the divorce.

Those that were made in the name of children are considered the property of children and are also not taken into account when dividing property.

One more nuance- if during the marriage the property owned by one of the spouses before the wedding, due to the work of the second spouse or joint investments, has significantly increased its value (for example, repairs were made in the apartment), then this property can be recognized by the court common property and will be subject to division (Article 36 of the Law "On Marriage and Family").

Additionally, if you bought something with your own money and the purchase was made in your name (for example, Appliances, furniture), then, as an option, you can submit invoices, those. passports of goods, warranty cards in your name, proving your purchase.

And in general, preparing for a divorce takes time (you need to prepare for a divorce): from analyzing information published on forums, in articles, discussing with people who have already gone through a divorce through the courts, to consulting with lawyers and attorneys.

How to apply to the court for the division of property in a divorce or after a divorce?

According to article 18 of the Code "On marriage and matrimony" disputes regarding the division common property considered in court. When filing an application for divorce, spouses indicate the presence or absence of property claims.

An application for the division of property is submitted to the court at the place of residence of the defendant(i.e. the spouse to whom property claims are made). You can apply to the court for the division of property both directly during the divorce and after the divorce has been registered.

You can apply for the division of property simultaneously with the application, and after, having a certificate of divorce in your hands, the main thing is not to delay, as there is term limitation period- 3 years, during which your claim for the division of property will be considered by the court.

This means that if during the divorce you did not have property claims against your spouse, but subsequently changed your mind, the main thing is to file an application no later than 3 years from the date of dissolution of the marriage.

In accordance with Article 180 Civil Code the running of the limitation period begins from the day when the person knew or should have known about the violation of the right.

Required documents for filing a claim for the division of property in court:

  • A list of property that was acquired and acquired during the marriage, which you claim or want to share. If you are filing a claim for a division of all property, then you must make a list of what is private, personal property of each of the spouses - because this property is not included in the division.
  • Documents confirming the ownership of the property to be divided. For real estate - these are title documents, for a car - a certificate of vehicle registration, for household utensils - checks and receipts, passports for equipment, etc. At the same time, if the documents are with the other spouse, then this fact must be indicated in the application so that the court can claim them in the process.
  • Documents confirming the market value of the property for the division. These can be checks and price certificates, a report of a licensed appraiser. If one of the spouses does not agree with the assessment, the court may appoint an independent examination.
  • If you apply, you must have a clear idea of ​​what kind of property and how you want to divide, i.e. the option that the court will consider is what you want to keep for yourself, what for your spouse, what you can accept in monetary terms, and how much you are ready to pay to your ex-spouse. The court will consider the options and choose the best one, taking into account the interests of both parties.
  • Check for payment of the state fee for consideration of a claim for the division of property(find out the size of the state duty rates in the courts). IN this case the fee will be 1% of the amount of the claim.

Who pays the debt

Often, after a divorce, not only property remains, but also debts and obligations.

  • According to Article 44 of the Code, for the obligations of one of the spouses, collection is levied only on the personal property of this spouse.
  • If the share of the debtor spouse is not enough to pay off the debt, then a part may be recovered from the joint property, but not from the personal property of the other spouse.
  • If the borrowed funds were spent on the needs of the family, then the collection of debts will be primarily from the joint property, and if it is not enough, then from the personal property of each spouse.
  • If the loan was spent only for the personal purposes of one of the spouses, then one of the spouses shall be liable accordingly.
  • If, however, the judgment of the court establishes that joint property spouses was acquired or increased by criminal means, then the penalty is levied on this joint property, or part of it.

Don't hope that marriage contract can save spouses from paying debts. Because Article 45 of the Code states that the creditors of the debtor spouse may demand judicial review of the terms of the marriage contract.

Our opinion: if your divorce is going through the courts and you have controversial points, and you are not a lawyer, then if you want to be more likely to win a lawsuit, have an experienced divorce lawyer represent you in court.

The court should not and will not help you, advise, explain and sympathize. Judgment is a fully loaded conveyor for rendering judgments and here you will not find understanding and support. Of course, you can try to defend yourself if you have free time, having read legal forums, strong nervous system, healthy psyche, suddenly turn out. Otherwise, this mistake will cost you dearly.


Divorce is an unpleasant procedure not only emotionally, but also bureaucratically. To simplify the solution to this problem, read the algorithm of actions, find out what documents are needed for a divorce. This will help to go the way without any difficulties, financial expenses and stress.

What documents are needed for a divorce

Divorce has long been a common occurrence not only in Orthodox families, but also in Muslim families. Society is more liberal and democratic in its attitude to this process, giving a person the opportunity to correct a mistake in choosing a partner.

Every third couple files a divorce in Kazakhstan. Over the past decade, the number of divorced has been increasing. Therefore, the question of how to formalize the dissolution of a marriage is relevant for Kazakhstanis.

The Marriage and Family Code of the Republic of Kazakhstan (Articles 15-16) defines the following conditions for the dissolution of a marriage:

  • at the request of a husband or wife;
  • the spouse suffers from severe forms of mental disorder and has been declared legally incompetent;
  • the court declared the husband or wife missing;
  • one of the spouses is serving a sentence for crimes (the term of imprisonment is more than 3 years).

At the legislative level, a list of documents for obtaining a divorce is defined. Article 21 of the Law of the Republic of Kazakhstan "On Marriage" provides for the registration of a divorce through the civil registration authorities. For this we provide:

  1. Application for divorce by mutual consent. This is a standard form. It can be taken at any department of the registry office at the place of residence or downloaded from the Internet. Please note that this form is filled out by both parties, each for himself. It is similar to a marriage application: information about the husband and wife is entered in separate columns. It is forbidden to fill in the column for a spouse.
  2. Government tax receipt.

In other cases, the issue will have to be resolved through the courts. If you have no idea how to apply for a divorce in this case, then here is a list of required documents:

  1. Statement of claim for divorce (three copies for all parties: the court, the plaintiff and the defendant).
  2. Original document confirming marriage registration (certificate).
  3. Copies of the birth certificate(s) of the child/children.
  4. A copy of the passport of a citizen of Kazakhstan.
  5. Form confirming the place of residence (certificate of residence).
  6. Bank document confirming the payment of the fee.

Additionally provide:

  1. Power of attorney to conduct business in court, if you use the services of lawyers. This form is registered with a notary.
  2. Income certificate from the place of work, if you are collecting alimony.
  3. Evidence of ownership of the property, if the division of such will be carried out in court.

Many are interested in how much a divorce costs in Kazakhstan. Those who wish to get a divorce must pay a state fee. It is calculated as a percentage of the MCI (monthly calculation index):

  • if the divorce is by agreement of the parties, then the amount of the fee will be 3,704 tenge (200%);
  • resolution of the issue through the court - 2778 tenge (150%). If there are property claims, then +1% of the value of the claimed property;
  • in other cases - 185.2 tenge (10%).

A divorce in Kazakhstan with a foreigner is formalized in accordance with the laws of the Republic of Kazakhstan.

How to file for divorce in Kazakhstan

The next question that worries those who want to get a divorce is how to file for divorce, that is, where to go and on what conditions the marriage is dissolved.

The divorce procedure in Kazakhstan involves two ways:

  1. Through the RAGS. If the decision to divorce was made jointly, there are no children under 18 and claims for the division of property, then contact the department to which you are assigned.
  2. Through the court if:
  • have small children under 18;
  • one of the parties wants to receive their part of the property acquired in marriage;
  • spouse did not come to the registry office;
  • one of the spouses is against divorce.

If everything is clear with the first option, then how to get a divorce through the court?

Whoever initiates the divorce files a petition with district court to which the defendant is assigned (determined by registration). If there is no information about the actual place of residence, then at the address where the claimed property is located. But there are exceptions. The plaintiff has the right to file a written petition for divorce at his place of residence if:

  • is ill or limited in his actions and therefore cannot attend court hearings at the place of residence of the defendant;
  • guardian of a child under the age of majority.

Through the court, not only the division of property acquired in marriage is made, but also the question of whether the child will live with mom or dad is determined, the amount of alimony that the other side must pay is determined.

When filing for divorce, remember: The Law of Kazakhstan "On Marriage" does not allow divorce to those couples where the wife is pregnant or the baby is growing up to a year old, unless the father proves that the child is not his own.

So, now you know what documents are needed for a divorce in Kazakhstan, how to file for a divorce. But it's still better if the spouses still find mutual language and the path to happiness.

Both spouses have the right to file for divorce. If they do not have disputes about property or children, they will be divorced at the local registry office. Otherwise, you will have to divorce through the courts.

Divorce by mutual agreement in the registry office

So, the conditions under which the couple will not have to go to court:

  • no minor children;
  • no disputes about the division of property;
  • The couple's desire to divorce is mutual.

Even with children, spouses will still be divorced at the registry office if one of them:

  • sentenced by the court to imprisonment for more than 3 years;
  • declared incompetent;
  • declared missing.

Documents for divorce in the registry office

To get a divorce at the registry office, you need to provide:

  • Application for divorce. This is a standard form. You can fill it out at the registry office itself, or download and fill it out at home. Each spouse needs their own completed copy.
  • Marriage certificate (original and copy)
  • Spouses' passports and their copies
  • Address extracts at the place of residence of each of the spouses
  • Toll check

The procedure for filing documents for divorce in the registry office

Either spouse can file for divorce at their place of residence. In addition, since 2012, residents of Kazakhstan can file for divorce online. It is available to all citizens who registered a marriage after June 1, 2008. In the electronic application, it is enough to indicate the TIN of each spouse and certify the application with an electronic digital signature. After consideration of the decision, the spouses will receive a notification with the address of the registration authority where they will receive the certificate.

The decision to dissolve the marriage must be made within 30 days from the date of its filing. To do this, you will be assigned a day when you must be present at the registry office. If you or your spouse are unable to attend, you will have to reapply and wait another month for a decision. This period is not reduced - it is mandatory.

After the decision is made and the marriage is dissolved, each spouse receives a certificate.

A couple will have to apply to the district court if:

  • one of the spouses does not want a divorce
  • there are minor children in the family
  • one spouse avoids divorce
  • the family has mutual claims to each other

In this case, it makes sense to contact a divorce lawyer and enlist his support throughout the entire trial.

Documents for divorce in court

For a divorce in court, you will need:

  • statement of claim for divorce in triplicate (for the plaintiff, defendant, court)
  • Marriage certificate
  • copies of the birth certificates of each child
  • copy of the passport
  • certificate of residence
  • stamp duty check

Also available in addition:

  • power of attorney to plead in court if you use a lawyer
  • certificate from the place of work for the recovery of alimony
  • certificate of ownership of the property, if you plan to carry out its division

The state duty is paid at the rate of 150% of the MCI (monthly calculation index), and when dividing the property - 150% of the MCI + 1% of the value of the property.

The procedure for filing documents with the court

The initiator of the divorce files an application with the court at the place of residence of the defendant. If there is no information about where he lives, then he has the right to apply to the court at the address where the property of the defendant is located. A list with court addresses can be found. The exception is when the plaintiff is ill or in custody minor child- in this case, he can apply to the court at his place of residence.

The term and procedure for the consideration of the case depends on the circumstances:

    • Even if the couple has a child, but the decision to divorce is made mutually, the court will consider the application within 30 days
    • If one of the spouses does not agree to a divorce, the court gives them time to try on - 6 months.

The presence of a couple of common children can also affect the course of the process. So, if the wife is pregnant or the family has a child under one year old, the court will refuse to divorce you.

If the case is not complicated by mutual claims, then in a month the court satisfies the application.

For example, the divorce period can be extended for six months - if one of the couple does not agree, the judge sets a time for reconciliation. Upon completion of the trial, within three days, documents are sent from it to the RAGS with the decision of the judge. And already there former spouses receive a certificate that they are no longer married.

If the family has minor children, divorce occurs only through the courts. The following reasons are exceptions to this rule:

      • the spouse is declared partially or completely incompetent
      • spouse sentenced to more than 3 years
      • spouse declared untimely absent

Divorce deadlines and filing procedures

If the couple has no claims, then after 30 days each of the spouses will receive a certificate of divorce. Otherwise, litigation will last longer, and it is good if the husband and wife can come to a mutual decision and agreement. For example, the divorce period can be extended for six months - if one of the couple does not agree, the judge sets a time for reconciliation. Upon completion of the trial, within three days, documents are sent from it to the RAGS with the decision of the judge. And already there, the former spouses will receive a certificate that they are no longer married.

Decisions about the payment of alimony, the place of residence of children and the division of property must be made by the spouses. Otherwise, it is submitted to the decision of the court. But as practice shows, this is an infrequent outcome of events. controversial issues sometimes they are taken out by the judge in a separate process - this concerns the division of property, the rights to which are held by third parties.

If both spouses have mutual consent to divorce, while they have a common minor child, the court should not insist on their reconciliation. In this case, the marriage is dissolved within standard term in 30 days.

Divorce is not easy, and it is not always possible to achieve justice. Even if you are ironically sure that you are right, it has yet to be conveyed to the judge, who cannot know all the details of the case. Therefore, it is better to entrust this process to a professional divorce lawyer. Our consultants will be happy to help you choose the right specialist.

Family legal relations in the country are regulated by the Code "On Marriage (Matrimony) and Family". Divorce the marriage own will any citizen can - as in unilaterally and together with your spouse.

The only prohibition applies to men whose wives are in an "interesting" position. The husband cannot divorce without the consent of the second half during her pregnancy and until the child is 12 months old.

  • If both agree to a divorce, then in the absence of children, it is drawn up at the registration authority (RAGS - an analogue of the Russian registry office).
  • In case of objections from the spouse, the presence of a child under the age of 18 in the family or a property dispute - in court.

These rules apply to all citizens of Kazakhstan and foreigners residing in the territory of the state. The only exceptions are situations in which the spouse was declared incompetent, missing, or sentenced to imprisonment for a period of 3 years or more - the law allows divorce unilaterally in the registry office.

Divorce in the institutions of the registry office

Childless citizens who want to officially end their relationship apply to the regional department of the RAGS. A sample application for divorce in Kazakhstan can be obtained from the office or downloaded from the website of the registration authority.

Copies are attached to the completed application (with the presentation of originals):

  • marriage certificates;
  • spouses' passports;
  • address statements for each of the spouses;
  • check for payment of duty;

Divorce in the RAGS is registered in the presence of the husband and wife 30 days after the written request. If the spouses did not appear at the institution at the appointed time, then they will again have to write an application and wait another month. However, if only one of them cannot come to the RAGS, the second is allowed to represent his interests by general power of attorney.

Divorce online in Kazakhstan

Persons who entered into marriage later than June 1, 2008 may initiate a divorce through the e-government portal.

Remote applications are accepted:

  • by mutual agreement in the absence of minor children;
  • on the basis of a judicial act declaring a spouse incompetent, missing or sentenced to 3 years or more.

The algorithm of actions is simple: the initiator of the separation logs in on the site and, having filled out an application for divorce, awaits the verification of the existing act record by the registering authority. After the answer arrives - within 2 days - the applicant enters additional data, certifies them with an electronic digital signature (EDS) and waits for confirmation of his request from the spouse (48 hours are allotted for this). The second participant in the divorce process logs in to the site, receives the incoming request and approves it, certifying it with a personal EDS. After paying the state duty, a day is appointed when the couple will need to go to the registry office to obtain certificates.

Divorce in court

Divorce complicated by the presence of children under 18 in the family, property disputes, disagreement or evasion of the second half, is done through the court. The application is submitted at the place of residence of the defendant or the minor child. If the claim contains requirements for the division of real estate, then it is sent to the district judicial sector at its location.

What documents are needed for a divorce in Kazakhstan through a court? In addition to the statement of claim, the plaintiff must submit:

  • passport;
  • birth certificate;
  • certificate of residence of the plaintiff, defendant and child;
  • inventory of property with an assessment;
  • certificates of income to determine the amount of alimony and / or material maintenance of a disabled spouse;
  • a receipt for payment of the fee - separately for a claim for divorce, and separately for the division of property.

The timing and procedure for the consideration of the case depends on its circumstances.

  • With a mutual desire to divorce - even if there is a child - the judge will not find out the motives for the separation and will make a positive decision at the first meeting: within a month after the filing of the lawsuit.
  • If the defendant prevents the dissolution of the marriage, the court appoints additional term for reconciliation - up to 6 months - after which the case is resumed. In the absence of reconciliation of the parties, the divorce will take place at a second meeting.

The decision on the payment of alimony, the place of residence of children, financial assistance, the division of property, the husband and wife accept jointly - otherwise, these issues are dealt with in court, taking into account their requirements and the interests of minors.

A property dispute can be considered within the framework of a divorce case or separated into a separate legal proceeding - if it affects the rights of third parties.

The marriage is considered terminated from the date the judicial act enters into force - after that, within 3 days, the court sends a copy of the document to the regional registry office, where the former spouses can receive divorce certificates.

The size of the state fee in 2017

The state duty for filing a claim for divorce is 30% of the value of the minimum calculation index (MCI). In 2017, the MCI amounted to 2,269 tenge, and the state duty - 680, 70 tenge, respectively.

Court fee for the division of common property - 1% of the amount of the claim, i.e. the value of the property that the plaintiff recovers in his favor.

For registration divorce procedure and issuance of certificates in the department of the Civil Registry Office:

  • by mutual agreement - 200% MCI = 4538 tenge;
  • by court decision - 150% MCI = 3403.5 tenge;
  • unilaterally legally - 10% MCI = 227 tenge.

The divorce statistics in Kazakhstan, which indicates that a third of marriages break up, looks relatively prosperous compared to the Russian one, where every second family is faced with this. However, the indicator varies by region and, reaching a peak of 50-60% in some cities, it grows more and more every year. Given this, the state seeks to protect the interests of minors, pregnant women and single mothers: in a divorce, the amount of alimony, the amount of material assistance and the property rights of the spouses are first determined.

To the court of the city (district) _________________
Claimant: _____________________________,
living ______________________,

Respondent: __________________________,
living _______________________

STATEMENT OF CLAIM
divorce and division of property

I entered into marriage with the defendant on "___" __________ ________.

From marriage we have a child (children): __________ FULL NAME. __________________ "___" ______________ _____ the year of birth.

Joint life with the defendant did not work out.

Marriage between us was actually terminated from "___" ____________ ___________, the common economy is not conducted.

Reconciliation between me and the defendant is impossible.

There is no dispute about the maintenance and upbringing of children. The child (children) will (will) live together with the mother, I will pay child support on the basis of a notarized agreement.

Agreement on the voluntary division of property that is common joint property, between us is not achieved. During the marriage, we acquired the following property:

  1. Residential apartment at the address: _________________ city, ________________ street, house No. ___, apartment No. ____ worth 2,300,000 tenge, according to the Valuation Report of the Republican State Enterprise "Real Estate Center for ________________ Region", issued in the name of the spouse.
    2. Car brand VAZ 2110, manufactured in 2003, registration number ___________, worth 300,000 tenge according to the Valuation Report of ______________ Chamber of Commerce and Industry, issued in my name.
    3. TV set worth 5000 tenge.
    4. Kitchen set worth 18,000 tenge.
    5. Armchair-bed worth 3000 tenge.
    6. Washing machine worth 10,000 tenge.
    7. Two armchairs worth 2000 tenge.

The total value of the jointly acquired property is 2,638,000 tenge.
Currently, the specified property, except for the car, is in the possession of the spouse at the address: _____________, st. ____________________

In accordance with Art. Art. 15 and. 36 of the Law of the Republic of Kazakhstan "On marriage and family"

  1. To dissolve the marriage between me and the defendant, registered "___" _________ _____, the registry office of the city ____________________, act record No. _____.
  2. To divide the property that is common property by allocating to me one second share of its value in the amount of 1,319,000 tenge, and to allocate to me a car of the VAZ 2110 brand, manufactured in 2003, registration number ___________, worth 300,000 tenge, and the remaining amount in the amount of 1,019,000 tenge to set off against the alimony due from me.
  3. Request from the respondent the original marriage certificate dated "___" _____________ ____, issued by the registry office of the city _________________ and the original birth certificate of the child _____________________________, dated "___" ________________ ______, issued by the registry office of the city _________________________.

Applications:
1. A copy of the marriage certificate.
2. Copy of the child's birth certificate.
3. A copy of the contract for the sale of a residential apartment.
4. Copy of vehicle registration certificate.
5. Apartment appraisal report.
6. Vehicle appraisal report.
7. Receipt of payment of state duty.
8. A copy of the statement of claim for the defendant.

Date _____________ Signature ______________