NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of September 30, 2021 No. 2

About modification and amendments in some normative resolutions of the Supreme Court of the Republic of Kazakhstan on civil and civil procedurally to the legislation

1. Make changes and additions to the following normative resolutions of the Supreme Court of the Republic of Kazakhstan:

1. "About application of the legislation by courts by hearing of cases about annulment of marriage (matrimony)" of April 28, 2000 No. 5 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of December 22, 2008 No. 13, on May 31, 2012 No. 2, on March 31, 2017 No. 2, on April 15, 2021 No. 1):

To exclude 1) in preamble of the word "of December 26, 2011";

2) in Item 2:

the paragraph one to add with offers the fourth and fifth the following content:

"In case of submission of the action for declaration in electronic format the original of the certificate on marriage (matrimony) shall be provided to court before adoption of the action for declaration to production of court. In case of not submission of the original of the certificate on marriage (matrimony) the statement is subject to return.";

add with the paragraph the second the following content:

"In the action for declaration about annulment of marriage (matrimony) of the spouses who do not have general minor children and property and other claims to each other it is specified about lack of consent of the defendant to annulment of marriage (matrimonies) in registering bodies according to the procedure of Item 2 of article 238 of the Code or on evasion from annulment of marriage (matrimony), despite the absence of at it objections.";

Item 6 to state 3) in the following edition:

"6. According to Item 1 of article 1637 of the Code annulment of marriage (matrimonies) by mutual consent of the spouses who do not have general minor children is made in registering body in the absence of property and other claims to each other.

Annulment of marriage (matrimonies) judicially is made in cases:

availability at spouses of general minor children, except as specified, stipulated in Item 2 articles 17 of the Code;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info