State duty for divorce 2021

Divorce, or as people say “filing for divorce,” is a rather unpleasant event in the life of spouses. Unfortunately, in Kazakhstan, divorce proceedings are happening more and more often, and if you had to deal with this, then the information below will allow you to do it as correctly and quickly as possible.

Depending on family relationships and the presence of children, it is possible to file for divorce in Kazakhstan at the civil registration authorities (RAGS) or in court. The order and procedure for terminating a marriage (matrimony) is regulated by the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family.”

Divorce in Kazakhstan ▶

Apply for divorce to the court online in Kazakhstan ▶

Where to apply for divorce ▶

How to file for divorce in Kazakhstan ▶

How to get a divorce in Kazakhstan ▶

Divorce at the Civil Registry Office (former Civil Registry Office)

If the divorce in Kazakhstan is mutual and the couple does not have minor children or property claims, then the marriage can be dissolved by the Civil Registry Office. In the Civil Registry Office you can also get a divorce at the request of one of the spouses, which is indicated in Art. 17 (part 2) of the Law of the Republic of Kazakhstan “On Marriage and Family”. This is possible in the following cases:

If the second spouse is declared missing;
If the court has declared the second spouse incompetent or limited in capacity;
If the second spouse was convicted and imprisoned for more than 3 years.

In these cases, the presence of minor children does not matter. The marriage will be considered dissolved from the date of registration of the divorce in the civil registration book.

Divorce online in Kazakhstan

Persons who got married after June 1, 2008 can initiate a divorce through the e-government portal.

Applications are accepted remotely:

by mutual consent 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 to the website and, having filled out an application for divorce, awaits the verification of the existing legal record by the registering authority. After the response arrives - within 2 days - the applicant enters additional data, certifies it 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 digital signature. After paying the state fee, a day is set when the couple will need to go to the Civil Registry Office to obtain certificates.

USEFUL INFORMATION: Nuances of drawing up a statement of claim to invalidate a gift agreement: sample claim

Mutual consent in divorce

As already noted, if the spouses have reached a mutual decision on divorce and they do not have minor children, then a joint application for divorce must be submitted to the Civil Registry Office at the place of residence of one of the applicants.

In case of divorce, the “Marriage Certificate” must be submitted to the Civil Registry Office. After a month has passed from the date of filing the application, the marriage will be dissolved and the spouses will receive a corresponding certificate confirming the divorce. The period can neither be increased nor shortened. Spouses must be present at the divorce procedure. If any of them were unable to come, the application will need to be resubmitted.

If there are minor children in the family, even with the mutual consent of the spouses, divorce can only be done in court. In this case, the marriage will be dissolved without clarification and reconciliation period.

When should you contact a divorce lawyer?

Deadlines for filing a divorce and the procedure for filing documents

If the couple has no complaints, then after 30 days each spouse 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 from it are sent to the Civil Registry Office with the judge’s decision. And already there the former spouses will receive a certificate stating 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 subject to a court decision. But as practice shows, this is an infrequent outcome of events. Controversial issues are sometimes brought up by a judge in a separate trial - this concerns the division of property to which third parties have rights.

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

Divorce is not an easy matter, and it is not always possible to achieve justice. Even if you are absolutely sure that you are right, you still have to convey it 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.

Divorce in court

You must go to court in the following cases:

One of the spouses does not want a divorce;
The family has common children who have not reached adulthood;
If one party has property claims;
If one of the spouses refuses to divorce.

In accordance with current legislation, a divorce can be obtained in court no earlier than a month from the date of filing the claim. If one of the spouses does not give his consent to the divorce, the entire process can take up to six months, since in this case a conciliation period will be assigned. If there is no reconciliation, the marriage is dissolved. In addition to divorce, the court also makes a verdict regarding property disputes and determines which of the spouses will have children after the divorce. The court also determines the procedure for paying alimony. The marriage will be considered dissolved from the day when the court decision enters into legal force. Civil registry offices receive a copy of the court decision within 3 days. After this, you will need to visit the civil registry office at your place of residence and submit an application, attaching a court decision. Based on this, they will make an entry regarding the divorce and issue a certificate confirming the dissolution of the marriage.

What documents will be required for the court?

Obviously, the divorce process begins with an application, but, however, the list of documents is not limited to an application. And the application must be written in accordance with the established template in 3 copies: for the court, for the defendant and for the plaintiff (this copy must have a stamp indicating that the application has been accepted for consideration).

In accordance with the law, the applicant must submit the following documents to the court if the couple does not have minor children:

Original certificate confirming marriage;
Address certificate of the person who initiated the divorce.

If there are minor children, a copy of the children’s birth certificates is added to the designated list.

When a divorce is carried out with the recovery of alimony, the following documents must be submitted:

Marriage certificate (original);
Address certificate of the person who initiated the divorce;
Copies of children's birth certificates;
A certificate from the clinic confirming 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.

Also, the court may require additional documents. So, depending on the situation, you may need:

Address certificate for the spouse who is the defendant;
Certificate of income and work (so that alimony can be collected);
Documents that certify the rights to property (if we are talking about division).

If one of the spouses does not want to participate in the trial, then a third party can represent his interests, however, this requires a notarized power of attorney.

What is needed to file for divorce online

Go to the State Services website.
Choose . It is necessary to indicate the branch of the registry office where the marriage was previously registered.
A form will appear on the screen in which you need to fill in all the empty fields. After that, upload your passport photo to the website.
Go to the “Documents” tab and fill out all the fields. After that, upload the following documents:

Marriage certificate;
passports;
insurance certificate.

On the website you will find a complete list of documents that will be needed. There are some comments regarding each document. Sometimes a copy will be enough, but sometimes only the original is required.

After all the documents have been sent, you need to choose a method that is convenient for you to receive messages. For example, notifications by email or mobile phone.

The submitted application will be reviewed within 1 month. Once the procedure is completed, you will receive a message. It will indicate the date of appearance at the registry office. On this day, the spouses will receive a certificate in the original, which confirms the divorce, it is issued to both parties.

State duty for divorce

When a claim is filed in court, the applicant needs to pay a state fee of 30% (757.5 tenge in 2021).

If we are talking about the division of property, then the state duty will be 1% of the amount of the claim (Article 535 of the Tax Code of the Republic of Kazakhstan). To register a divorce, payment of a state fee is also required (in accordance with Article 537 of the Tax Code). Its size depends on the MCI and is:

200% of the MCI (in 2021 5050 tenge) in the case of mutual consent and the absence of children under 18 years of age;
150% of the MCI (in 2021 3,787.5 tenge) if the marriage is dissolved in court;
10% MCI (252.5 tenge in 2021) if one of the spouses was declared incompetent or missing, or he is serving a sentence in prison and for this reason divorce proceedings were initiated.

Please note that these are the amounts of the state duty as of 2019 (MCI – 2,525 tenge).

State duty amounts in 2021

The state fee for filing a claim for divorce is 30% of the minimum calculated index (MCI). In 2021, the MCI was 2,269 tenge, and the state duty was 680, 70 tenge, respectively.

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

For registration of divorce proceedings and issuance of certificates in the civil registry office department:

by mutual agreement - 200% MCI = 4538 tenge;
by court decision - 150% MCI = 3403.5 tenge;
unilaterally on a legal basis - 10% MCI = 227 tenge.

Divorce statistics in Kazakhstan, which indicate that a third of marriages break up, compared to Russia, where every second family faces this, looks relatively prosperous. However, the figure varies by region and, reaching a peak of 50–60% in individual cities, is growing more and more every year. Taking this into account, the state seeks to protect the interests of minors, pregnant women and single mothers: in the event of a divorce, the amount of alimony, the amount of financial assistance and the property rights of the spouses are first determined.

When does the court side with the father and give him the child?

The court may return the child to the father in the following cases:

The mother leads an antisocial lifestyle, suffers from drug addiction or alcoholism;
Has a criminal record;
Facts of violence against a child were recorded;
The mother has a poor attitude towards fulfilling her obligations (does not take care of hygiene, does not take her to school, leaves her with strangers, etc.);
The mother cannot provide normal conditions for the child (a large number of people in one area, unsanitary conditions, etc.);
A serious illness that does not allow the child to live with the mother.

What are the reasons for divorce?

Last year's data among the CIS countries shows that in terms of the number of divorces Russia is in 1st place, Ukraine is in 2nd place and Kazakhstan is in 3rd place. Why do people decide to take such a step? Statistics show that the following are often cited as the main reasons for divorce in Kazakhstan:

There is no mutual understanding, communication and deep relationships;
Violence;
Sexual dissatisfaction;
Selfishness;
Inability to admit one's mistakes;
One of the spouses lacks family values;
The marriage was of convenience;
One of the spouses was not ready for marriage;
Dependencies;
Socio-economic problems;
One party's parents were influential;
Treason;
There are no children in the marriage;
Differences in social status;
Religious differences.

Divorce in Kazakhstan: How is property divided?

If the spouses could not agree and come to a compromise on the issue of division of property, then the court will come to their aid. Before announcing property claims, you need to know how what the spouses have will be divided. This process is regulated by the Law of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” (Articles 33-38).

So, you need to know that all jointly acquired property during the marriage is subject to division, regardless of whether both spouses worked or only one. It happens that after getting married, a woman settles at home and forgets about her career. But this does not mean that after the marriage is dissolved, everything will remain to the husband, since he acquired everything at his own expense. Housework is also work, which means that an apartment, a car, money savings, household appliances and other acquisitions are divided equally. You will also need to share jewelry and even luxury items, since these items are not considered personal items by law. Property which, according to Art. 34 of the Law “On Marriage and Family” is the property of each spouse. This may include:

Property owned by the spouses before marriage;
Property that was received as a gift;
Personal items;
Property that was acquired during the period of separation, when the marriage was effectively terminated.

Also, things that were purchased for minor children (toys, musical instruments, clothes, etc.) will be excluded from the inventory. These things will be transferred to the spouse who will receive the children after the divorce.

“I ask you to dissolve your marriage remotely”

The editors of AJ receive many questions about how to file for divorce via the Internet. How long does it take to divorce online and why Atyrau residents began to get divorced more often - in the material "AJ".

According to statistics, 3,286 marriages took place in Atyrau during the year. Last year, the city court received 1,163 applications for divorce.

The chairman of the Atyrau City Court, Zhaksylyk ZHASULAN, told us what the procedure for online divorce is

Divorce via WhatsApp

Since March last year, due to the pandemic, all divorce claims have been accepted online. One of the spouses submits an application for divorce electronically through the court website. After accepting the application, the parties participate in the court hearing online via the WhatsApp messenger or the Zoom platform.

The statement of claim is accepted within 10 working days from the date of receipt by the office. During this time, claims are submitted to judge-mediators. They work to reconcile the parties and save the marriage. If reconciliation is not possible, after 10 working days the mediator transfers the case to another judge. Since all of these processes are going through the court registry, it is unknown which judge will hold the next hearing. Pre-trial preparation of the case takes another 20 working days . During this time, the application is submitted to the defendant, and evidence and opinions are collected. Once the case is referred to a judge, it must be completed within two months.

And if one of the parties does not give consent in court, according to the Code of the Republic of Kazakhstan on Marriage and Family, the case is postponed and the spouses are given a period of up to 6 months for reconciliation. If it is not possible to save the family during this time, the marriage will be dissolved.

My wife left home without permission

There are cases when they file for divorce a week after marriage. Most couples divorce between the ages of 20 and 50. Divorces have become more frequent within 5-10 years of marriage.

Last year, a 60-year-old husband filed for divorce from his wife because she left home without permission. During the reconciliation, his wife wanted to save the marriage for the sake of the children and was against divorce. They were given time, but the man refused to live with a woman who “leaves the house without permission.” Their marriage ended in divorce.

In many cases, women file for divorce due to inconsistency of character or because of their husband's alcohol or drug addiction. Recently, the number of divorces due to domestic violence and gambling has increased.

Is it possible to get a divorce without going to court?

If there is no property dispute between the parties, if there is no minor child between them, and if they both intend to dissolve the marriage unanimously, then they can apply to the registry office and dissolve the marriage without going to court.

During a divorce, property disputes often arise. Due to the inability of the parties to agree on the division of common property, the case is delayed, because when entering into marriage, the parties do not enter into a prenuptial agreement.

A prenuptial agreement allows you to determine what property is common to both of them and who owns what property. It is carried out by the registry office. A prenuptial agreement also helps save a marriage. For example, you can indicate there that if a marriage is dissolved due to the fault of one party, the other party may be left with nothing. A prenuptial agreement can also be concluded after marriage.

For what reasons can spouses not divorce?

If at the time of divorce the wife is pregnant or has a child under 1 year old, the marriage will not be dissolved. However, in this case, if the wife gives her consent, the court cannot be an obstacle.

Nurbeybit NUGMANOV

Photo by the author
March 17, 12:27

When to apply for division of property?

In accordance with Article 18 of the Code “On Marriage and Matrimony,” disputes regarding the division of common property are considered in court. When filing for divorce in Kazakhstan, spouses must indicate the presence or absence of property claims.

An application for division of property is sent to the court at the defendant’s place of residence. The application can be submitted both during the divorce process and after registration of the divorce.

Also, an application for division of property can be submitted simultaneously with an application for divorce. True, the statute of limitations is only 3 years, so it’s better not to delay.

This means that if there were no property claims during the divorce, but the decision was subsequently changed, the main thing is to file an application no later than 3 years from the date of the divorce.

Documents required for a claim for division of property

Of course, first of all, the plaintiff must provide a list of property that was acquired or purchased during the marriage for which he is claiming. If a claim is filed for division of all property, then you need to have an accurate list of what is the private, personal property of each spouse, since this property will not be included in the division.

Documents must also be submitted that confirm ownership of the property that will be divided. If we are talking about real estate, then you need to provide title documents. Moreover, if the other spouse owns the documents, then this fact must be indicated when filing the application so that the court can request them during the process.

Documents will also be required that confirm the market price of the property for the division. Their role can be checks, reports of licensed appraisers and price certificates. If one of the spouses does not agree with the assessment, the court will order an independent examination.

You will also need a check for payment of the state fee for consideration of the claim for division of property. Let us remind you that in this case you need to pay 1% of the claim amount.