Divorce with children in Kazakhstan: procedure, timelines and documents

Usually people come with this question when the marriage has in fact broken down, but formally the spouses are still bound by a shared household and children, and they cannot agree on where and with whom the minor children will stay. Often the person already knows that where there are children, the marriage cannot be dissolved through the civil registry office, but has no idea where exactly to file the application, what to put in it and how long it will take.

In this article you will learn which divorce cases involving children are heard by the court, what the step-by-step procedure looks like, which documents are attached to the application, whether guardianship authorities take part, and what the court pays attention to where there are two or more minor children. We will also look separately at the timelines and specifics of divorce when the child has not yet reached one year of age.

Divorce with children in Kazakhstan: when a marriage is dissolved through the court

In Kazakhstan a marriage is dissolved through the registering authority (civil registry office, Public Service Centre) or through the court. If there is a shared minor child, the divorce is formalised only in court: the registering authority will not accept the application.

The procedure depends on whether there is a dispute. If both agree and there is no conflict over the child or property, the court hears the case under the simplified procedure. Where there is a dispute, the general rules of claim proceedings apply.

The presence of a child under 18 moves the divorce into the judicial sphere. Age is counted as at the date of application: once the child reaches majority, the administrative procedure is possible.

The court checks whether the child's rights are being violated: who the child will stay with, who and how contributes to maintenance. Residence, alimony and contact are dealt with in separate materials.

• the presence of a shared minor child is the main ground for going to court
• a dispute over children or property rules out the simplified procedure
• where there is no dispute, the court may hear the case under simplified proceedings
• the child's age on the date of application determines jurisdiction
• the court checks that the child's rights are respected when dissolving the marriage
• matters of the child's maintenance and residence are decided separately

Procedure for divorce with children: step-by-step process where there are minor children

The divorce procedure where there are minor children begins with preparing documents: identity documents of both spouses, the marriage certificate, birth certificates of all minor children, documents on place of residence and income. Where the parties agree and there is no dispute over the children, a draft agreement on the children is attached.

The statement of claim is filed with the district court at the defendant's place of residence, or, where there is a minor child or by agreement of the parties, at the claimant's place of residence. The state fee is paid at the established rates. The statement sets out the claims for dissolution of the marriage and, where necessary, for the recovery of maintenance, determination of the child's place of residence and contact arrangements.

The proceedings are conducted with the mandatory participation of the guardianship authority. The court examines the child's living conditions, hears the parties and the opinion of the guardianship authority, and takes measures towards reconciliation. The decision enters into legal force upon expiry of the period for appeal.

• the court decision with a note that it has entered into legal force;
• identity documents of the former spouses;
• marriage certificate;
• receipt confirming payment of the state fee.

Divorce with children: what to state about minors

A claim for dissolution of marriage where there are minor children is filed with the district court at the defendant's place of residence, or, if the children live with the claimant, at the claimant's place of residence. The introductory part states the court, the parties' details: full name, IIN, addresses, contacts, information about the marriage and about each child — full name, date of birth, place of residence and with whom the child remains.

The reasoning part sets out when the family broke down, why the marriage cannot be preserved, and whether measures towards reconciliation were taken. The court may adjourn the proceedings for reconciliation, so it is important to show the persistent nature of the conflict. The absence of a dispute over the children and property should also be reflected.

The prayer for relief contains the claim to dissolve the marriage and, where necessary, to determine with whom the children live and to recover funds for their maintenance. The statement is signed by the claimant and documents are attached to it. It may be filed in person through the court's registry, by post, or through the "Judicial Office" service.

The following are attached to the statement:

• marriage certificate;
• birth certificates of the minor children;
• document confirming payment of the state fee;
• certificate of family composition or a document confirming where the children live;
• power of attorney of the representative, if the claim is signed by someone other than the claimant.

Where to file for divorce with children: jurisdiction where there are minors

If the spouses have a minor child, dissolution of the marriage is possible only in court: the registration authority does not deal with such cases. Jurisdiction is determined by the general rules of the Civil Procedure Code of the Republic of Kazakhstan. By default, the claim is brought at the defendant's place of residence, if it is known. Where it is unknown, the claim may be filed at the location of the defendant's property or at the last known place of residence.

To file for divorce at one's own place of residence, exceptions to the general rule are required. The claimant has the right to choose jurisdiction if a minor child lives with them and, for health reasons, travelling to the defendant's place of residence is difficult for the claimant. The same right arises in case of disability or another illness which prevents the claimant from travelling.

Timeframes for divorce with children: how long the process takes

The statutory period for hearing a case on dissolution of marriage with a minor child is two months from the day the claim is filed. The period may be extended on a reasoned application by the court. If the dispute affects the interests of the child, the proceedings are conducted as contentious proceedings, which affects the length of the process.

The court may set a period for reconciliation if it concludes that the family can be preserved. The matter is decided taking into account the parties' views. Reconciliation is not mandatory in every case, but where it is set, the proceedings are suspended.

A decision to dissolve the marriage enters into legal force upon expiry of fifteen days from the day it is announced, if no appeal has been filed. After that, the marriage is considered terminated. The timeframes depend on whether reconciliation is set, on the gathering of evidence, and on compliance with procedural formalities.

• Filing the claim — the court accepts the statement and issues a ruling to commence the case.
• Preparation for the hearing — the judge clarifies the claims, requests evidence, and checks compliance with the pre-trial procedure.
• Conciliation procedure — the court sets a period for a possible preservation of the family.
• Court hearing — examination of evidence, hearing the explanations of the parties, conclusion of the guardianship authority.
• Announcement of the decision — the operative part is read out; the time limit for appeal is counted from this day.
• Entry into force — upon expiry of fifteen days, if the decision has not been appealed.

The time limits are given for cases considered under claim proceedings and may be adjusted to take account of procedural specifics.

Where there are minor children, a divorce dispute is almost always intertwined with issues of their maintenance and place of residence — therefore the court looks not only at the fact that the family has broken down, but also at how the application ensures the interests of the child.

Divorce with children by mutual consent of the spouses: uncontested dissolution

A mutual divorce involving a minor child is heard by a court. The consent of both spouses does not replace the court procedure, but simplifies it: the claimant files the claim, the respondent does not object, and the dispute is not considered on the merits.

The court establishes whether the consent is genuinely mutual and voluntary, and whether there is any pressure or hidden disagreement. Even in a mutual divorce, the court checks whether the spouses have reached agreement on the maintenance and upbringing of the child, on the child's place of residence and on the arrangements for the parent living separately to participate in the child's upbringing. These circumstances are recorded in an agreement or in the court decision.

• mutual voluntary consent of the spouses to dissolve the marriage
• absence of a dispute over property, the division of which has been separated into distinct proceedings
• agreement on the child's place of residence and on the parent's participation in the child's upbringing
• documents confirming the kinship and identity of the parties
• issues of the child's maintenance, where a claim for its recovery has been filed
• proper notification of the respondent and their position at the court hearing

Divorce with children: what the court examines where there are two minor children

A divorce involving minor children is always heard by a court, even where both spouses consent. Where there are two or more children, the court examines the upbringing conditions separately for each child. The number of children also affects the scope of the court's verification steps: with two children, an inspection of the living conditions at each parent's place of residence is more often ordered; with three, the court establishes whether the parent is able to supervise all of them, taking into account the age and state of health of each. The inspection report, character references from the place of work and from educational institutions, and information on income are added to the case file.

A mandatory participant in the proceedings is the body exercising guardianship or curatorship functions. Its opinion concerns the living, upbringing and maintenance conditions of the children and the absence of obstacles to living together; the court assesses it alongside other evidence but is not bound by it. Where there is a dispute over the children, a representative of the guardianship body is called to give an opinion at the court hearing. Even where there is no dispute over the children's place of residence and the arrangements for participation in their upbringing, the court checks whether the children's rights are being infringed by the agreement and takes into account the interests of each child. Following the proceedings, the court dissolves the marriage and, where necessary, determines the further arrangements.

Divorce with children under one year old: special rules for dissolution

A divorce where there is a child under one year old restricts the husband's right to initiate dissolution of the marriage. Under the Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family, a husband may not file an application to dissolve the marriage without his wife's consent until the child reaches one year of age. The restriction applies regardless of whether the spouses live together or separately and who cares for the child.

During this period, the wife may file an application for divorce on general grounds. If she does not consent to the dissolution of the marriage, the husband will have to wait until the child reaches one year of age. An attempt to file an application contrary to the prohibition will result in the documents being returned: the civil registry office or the court will not accept it for consideration.

• the child's birth certificate;
• a document confirming the child's age;
• the marriage certificate;
• the applicant's identity card;
• a document confirming the child's place of residence;
• the wife's consent to the dissolution of the marriage, where the application is filed by the husband.

Documents for divorce with children: what to attach to the application

A divorce with children is heard in court regardless of the spouses' consent: the family legislation of the Republic of Kazakhstan prohibits dissolving a marriage administratively where there are minor children. The court checks that the application has been filed by a proper person and that the child is not left without parental care.

Documents confirming kinship, the status of the marriage and the parties' readiness to bear responsibility for the minors are attached to the application. The list is established by the Civil Procedure Code of the Republic of Kazakhstan and by clarifications of the Supreme Court. Where mandatory attachments are missing or the state fee has not been paid, the judge leaves the application without movement; the missing papers may be submitted within the specified period.

• the marriage certificate — the original or a notarised copy;
• birth certificates for each minor child;
• a document confirming the claimant's identity, and where the claim is filed through a representative — a power of attorney;
• certificates of family composition, the children's place of residence and the parties' income;
• a receipt confirming payment of the state duty;
• other written evidence: medical reports, housing inspection reports.

Copies of the documents are sent to the defendant; the originals are produced to the court for inspection.

Divorce with children: involvement of guardianship authorities where minors are concerned

A divorce involving minor children is heard by a court, which involves the guardianship and curatorship authority. Its task is to independently verify the child's living conditions and submit a conclusion. Without it, no decision on residence or contact arrangements is made.

The dissolution of marriage is accompanied by an inspection: a specialist visits the child's home, draws up a report reflecting the sanitary condition, sleeping place, nutrition, daily routine, and family relationships. An inspection may be carried out at each parent's place of residence.

The conclusion is advisory in nature, but it is assessed alongside other evidence: explanations of the parties, witness testimony, character references, and certificates. It answers with whom it is advisable to leave the child and what contact schedule corresponds to the child's interests.

Divorce with children: typical mistakes and how to avoid them

A divorce involving a minor child is often mistakenly processed through simplified procedures. Where there is no dispute over the children, the dissolution takes place at the registering authority, but where there is a claim regarding residence or maintenance, the case is heard by a court. Incorrect jurisdiction is a common mistake: the claim is filed at one's own address rather than the defendant's place of residence, and the application is returned.

An incomplete package of documents slows down the process: a marriage certificate, children's birth certificates, a certificate of family composition, and documents on income and housing conditions are required. The judge leaves the application without movement. Ignoring claims concerning the children is the second most common mistake: a parent asks only for the marriage to be dissolved, although the court is obliged to check whether the child's interests are affected.

Consequences: return of the claim, leaving it without movement, prolongation of the process and repeated payment of the fee. Where there is a dispute over the children, the court may involve the guardianship authority and order an inspection of living conditions, which increases the timeframes.

• filing the claim in the wrong jurisdiction — at the defendant's place of residence rather than the claimant's;
• absence of birth and marriage certificates in the annexes;
• ignoring claims regarding the child's place of residence and maintenance;
• failure to state information on the parties' income and housing conditions;
• an attempt to dissolve the marriage through a simplified procedure where there is a dispute over the children.