The Supreme Court has harmonized a normative ruling in the area of marriage and family relations with the Constitution

Теlegram CС - https://t.me/consot_kz  

 

The Supreme Court has made amendments https://adilet.zan.kz/rus/docs/P250000003S to normative decree No. 5 of April 28, 2000 “On the Application by the Courts of Legislation in the Consideration of Cases concerning the Dissolution of Marriage (Matrimony)”.

The amendments are aimed at protecting the property rights of spouses in the division of jointly acquired property. In particular, now the division of joint property is carried out by mutual consent of the parties regardless of the date of dissolution of marriage. At the same time, the three-year limitation period for claims on the division of property begins to run from the moment when one of the spouses learned or should have learned of the violation of his or her right, and not from the date of the dissolution of the marriage.

The above amendments were adopted in implementation of the normative ruling of the Constitutional Court of December 4, 2024, No. 55-NP https://www.gov.kz/memleket/entities/ksrk/documents/details/759343?lang=en. In it, the Constitutional Court stated that the establishment of a three-year limitation period for claims on the division of the common property of spouses from the moment of dissolution of marriage (matrimony) restricts former spouses in access to justice for the protection and restoration of violated rights and, as a consequence, infringes on the very right to have in private ownership any legally acquired property, namely a share in the property acquired during marriage (matrimony).