Marriage is the foundation for starting a family. An equal union between a man and a woman, concluded in the manner established by the law of the Republic of Kazakhstan, with the voluntary and full consent of the parties.

One of the main goals of family law is to preserve and strengthen the family, protect the interests of the "cell of society" from arbitrary interference by third parties, therefore each case of divorce is regarded by the state and society as a negative phenomenon.

Depending on the circumstances, divorce can be processed in registering authorities or through court.

According to Article 19 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and the Family", divorce (dissolution of matrimony) in court is conducted if the court determines that the further joint life of the spouses and the preservation of the family are impossible.

Divorce (dissolution of matrimony) in court is conducted in the following cases:

1. The spouses have common minor children, except for cases provided for in paragraph 2 of Article 17 of the Code;
2. Lack of consent of one of the spouses to the divorce (dissolution of matrimony);
3. If one of the spouses, despite lack of objections, evades the divorce (dissolution of matrimony) through actions or inaction;
4. Existence of property and other claims of the spouses against each other.

Dissolution of marriage (matrimony) in court is carried out after one month from the date the spouses file an application for divorce (dissolution of matrimony) with the court.

Upon receiving a divorce petition in court, the court determines that further joint life of the spouses and preservation of the family are impossible, marital relations between the parties have ceased, they have not lived together for a long time, determines the reason for the divorce, provides a period for reconciliation. If this yields no results, further preservation of the family is impossible, the family has actually broken down, there is mutual consent of the spouses to the divorce. In such a case, the court may decide to grant the divorce.

In accordance with paragraph 2 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 5 dated April 28, 2000 "On the Application by Courts of Legislation When Considering Cases on Divorce (Dissolution of Matrimony)", a petition for divorce (dissolution of matrimony) must comply with the requirements of Article 148 of the Civil Procedure Code.

It specifies, in particular, when and where the marriage (matrimony) was registered, whether there are common children, their ages, whether the spouses have reached an agreement on which of them the minor children will live with, on the procedure for payment of funds for child support and/or for a needy disabled spouse, on the amounts of these funds, or on the division of common property of the spouses, the motives for divorce (dissolution of matrimony) in the absence of mutual consent to its dissolution, and whether other claims that may be considered simultaneously with the divorce petition are being brought.

Attached to the petition are the marriage (matrimony) certificate, if issued on paper, copies of children's birth certificates, documents on earnings and other sources of income of the spouses, and other necessary documents.

A judge, having accepted the petition, typically summons the other spouse and ascertains their attitude towards the petition, whether there are other disputed issues between the spouses to be resolved by the court, and explains which claims may be considered simultaneously with the divorce (dissolution of matrimony) petition.

According to paragraph 2 of Article 16 of the Code, satisfaction of a husband's petition for divorce (dissolution of matrimony) is impossible without the wife's consent both during her pregnancy and within the first year of the child's life. However, this restriction does not apply when the child was stillborn or did not survive to one year. In both cases, the judge is not entitled to refuse to accept the petition.

The Code provides for another case of divorce (dissolution of matrimony) in court: the existence of property claims of the spouses against each other.

Property claims refer to disputes concerning the division of common property, payment of funds for the support of a disabled spouse, as well as minor children.

In accordance with Part 7 of Article 30 of the Civil Procedure Code of the Republic of Kazakhstan, divorce petitions may be filed at the plaintiff's place of residence if minor children live with him/her, except for petitions in cases under the jurisdiction of district (city) courts located within cities of republican significance, the capital, and regional centers.

A petition for divorce (dissolution of matrimony) from a person who does not have a place of residence in the Republic of Kazakhstan may be filed and considered on its merits at the location of his real property or at his last known place of residence.

By virtue of Parts 1 and 2 of Article 171 of the Civil Procedure Code, the defendant is entitled to admit the petition in full or in part during the preparation of the case for trial or before the court retires to the deliberation room by submitting a written application in courts of first instance and appellate instance. The defendant's admission of the petition relieves the court of the obligation to examine evidence.

According to paragraph 1 of Article 22 of the Code, upon divorce (dissolution of matrimony) in court, the spouses may submit to the court for consideration an agreement on which of them the minor children will live with, on the procedure for paying funds for child support and/or for a needy disabled spouse, the amounts of these funds, or on the division of common property of the spouses.

The court ascertains from the parties whether there is an agreement on which of them the minor child will live with, on the procedure for paying funds for the child's support and/or for a needy disabled spouse, the amounts of these funds, or on the division of common property of the spouses.

If a dispute arises, the division of common property of the spouses, as well as the determination of the spouses' shares in this property, are carried out through mediation or in court.

If after the expiration of the period set by the court for reconciliation the spouses have not reconciled and at least one of them insists on terminating the marriage (matrimony), the court grants the divorce.

The marriage terminates from the day the court decision enters into legal force.

If we look at the reasons for divorce, we can identify the most common ones:

– Unequal emotional labor: women become overloaded with household chores, while men remain passive, leading to emotional burnout for the partner;
– Financial difficulties: debts and the inability to provide for the family destroy relationships;
– Lack of dialogue: partners stop listening to each other, argue, criticize, and try to prove that each is right; relationships lose their value and give way to conflicts;
– Infidelity: not as frequent, but often leads to divorce; usually, infidelity becomes the last straw following accumulated misunderstanding and fatigue.

When the court considers divorce cases, not only the private matters are important.

The state itself is interested in taking measures to preserve the family. The court's task as a public authority is to ensure a balance between the public and personal interests of citizens when deciding on the dissolution of marriage.

By Saltanat MAMANOVA,
Judge of the Auliyekol District
Court of Kostanay Region