Divorce

If one of the spouses is recognized by the court as missing, limited or incapacitated, or condemned for a period of not less than 3 years, the marriage is dissolved in CRO.

Required documents:

• Application
• Identity card
• Marriage certificate
• State duty payment receipt (1MCI)

If all the above conditions are met, you can submit your divorce application online via the Gov.kz portal's electronic service.

If both spouses agree to divorce, do not have common minor children, they do not have mutual claims, including with regard to property, they need to apply to RACS.

Required documents

• Application
• Identity card
• Marriage certificate
• State duty payment receipt (7728 tenge)

If all the above conditions are met, you can submit your divorce application online via the eGov.kz portal's electronic service.

If you are abroad, you can also order the service online

If you have lost your divorce certificate, you can apply for a duplicate. To do this, it is necessary to apply to the NJSC GC "Government for citizens" (PCS) or submit an electronic application via an online service.

Necessary documents in NJSC GC "Government for citizens (PCS):

• Application;
• Identity card;
• State duty payment receipt (1MCI);
• Power of attorney if application and required documents submitted by third persons.

The online service is available for those whose marriage was dissolved after June 1, 2008.

The procedure for dissolution of marriage is regulated by the Marriage and Family Code of Kazakhstan.

There are three cases in which a divorce is pending:

• at the request of one or both spouses;
• at the request of the guardian of the spouse (spouse) recognized as incompetent by the court;
• due to the death of one of the spouses or the recognition of the missing.

A citizen may be declared missing in court if there is no information about him/her in his/her place of residence (footnote) within 1 year

The dissolution of the marriage without the consent of the wife during her pregnancy, as well as during the first year of life of the child is impossible.

If you want to dissolve your marriage, you have two options - through RACS, or through the courts. In both cases, you can apply online as described in the following steps.

If you changed your surname at the time of marriage, you must indicate in your divorce application whether the surname will be retained or changed.

The dissolution of the marriage through the court is made in cases:

• if the spouses have common minor children, except for cases when one of the spouses is recognized by the court as missing, incapacitated or incompetent, or convicted for committing a crime with imprisonment for a period of not less than three years;
• if one of the spouses disagrees on the divorce;
• if one of the spouses shies away from divorce;
• if the spouses have property or other claims to each other.

If the spouses have minor children and there are no mutual property claims, the court may dissolve the marriage without determining the motives, if:

• both spouses agree to a divorce;
• one of them is evading divorce.

Issues that are considered by the court when deciding on dissolution of marriage:

• with whom of the parents will live under-age children after the divorce;
• who of the parents and in what amount will pay maintenance for the maintenance of children;
• division of property in the joint joint ownership of the spouses, taking into account the interests of minor children and the spouses themselves;
• determination of the amount of alimony at the request of the spouse who is entitled to it.

Necessary documents:

If there are minor children, you need 2 documents:

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

In case of divorce with maintenance recovery, you need 2 documents:

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

The court may also request additional documents, depending on the situation:

• a certificate of his work and income (for maintenance recovery);
• documents certifying the rights to the property - when divided (documents of title to the property, documents proving the purchase, checks, guarantee coupons, etc.).

If a husband or wife is unable or unwilling to take part in a lawsuit (for any reason) and if his interests are represented by a third party, a notarized power of attorney is required.

The 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. Anyone who files a lawsuit can file a claim at the place of his residence, if he is in good health or because he lives with a minor child, can not attend a court hearing at the place of residence of the defendant.

When filing a lawsuit with the court, the applicant must pay the state duty in the amount of 0.3 MCI. In case of division of property, the state duty will amount to 1% of the amount of the claim.

You can submit your divorce application online via the eGov.kz e-services.

The term of state registration of marriage dissolution through CRO is 30 calendar days.

If your spouse was declared missing, incapacitated or convicted by a court decision for a period of at least three years, the divorce period will be 45 calendar days.

The marriage is dissolved by a court of law upon the expiry of one month from the date on which the spouses filed their divorce petition with the court.

If one of the spouses does not agree to the divorce, the court has the right to postpone the proceedings and set a time limit of six months for reconciliation. The marriage will be dissolved if it doesn't work out.

Certificate of dissolution of marriage is issued to each of the spouses at the place of state registration of dissolution of marriage, ie, in CRO.

If you do not need a certificate, but a divorce certificate, you can get it online if the marriage was dissolved after June 1, 2008. In order to receive it you will have to pay the state duty in the amount of 0.3 MCI.