Family law

Voidance of marriage
means annulment of marriage and of all its legal consequences from the moment of its registration.

Grounds for annulment
Lack of consent
Age
Another registered marriage (art.11)
Close relatives (art.11)
Parents
Children
Grandparents
Grandchildren
Brothers and sisters
Adopters
Adopted
Active incapacity due to mental disease
Fictitious marriage
If one of the spouses hided a dangerous disease

Procedures of annulment:
Only by the court’s decision
Three days after the court’s decision court is obliged to communicate it to the registration body
Marriage is recognized as void from the moment of its registration.

Persons who can claim the voidance of marriage
In a case of a spouse under 18: this spouse, his/her parents, organ of guardianship and tutorship or prosecutor
Spouse, whose rights are violated
Prosecutor if there is a defect of will
Spouse who did not know about obstacles to the marriage
Tutor of an active incapable spouse
Spouse of the previous non dissolved marriage
Prosecutor and a spouse who did not know about fictitious marriage

Circumstances which cancel the voidance of marriage
If the circumstances of voidance do not exist anymore
The court can reject the action about voidance of marriage with minor in the interests of the minor or when the minor spouse does not agree with the voidance of the marriage
The court cannot make a decision of voidance of fictitious marriage if such spouses had created a family
After the dissolution of marriage it cannot be recognized as void unless art. 11 is violated.

Consequences of the recognition of marriage as void
All legal consequences are annulled
All property acquired during such marriage is to be regulated by the articles of the Civil Code of RK on common shared property
Marriage contract is recognized as void. The spouse who did not know about the grounds of voidance of the marriage can receive a compensation maintenance or the marriage contract can be recognized as partially valid
Good-faith spouse has a right for the restoration of property and moral damage
Good-faith spouse has the right to keep the surname chosen during the registration of marriage

Ceasing of marriage
By the death of a spouse
By the recognition of a spouse as dead (to be restored if discovered the opposite)

Dissolution of marriage
The marriage can be dissolved by the request of one spouse of both spouses or by a tutor of an incapable spouse
Dissolution of marriage without the consent of a pregnant wife or during the first year of life of a child is impossible

Dissolution of marriage: procedure
Dissolution of marriage in the registration state body is made when there is a mutual consent of the spouses, there are no minor children and there are no property claims
Dissolution of marriage in the registration state body is made by the request of one spouse if another spouse
is recognized as missing;
Is recognized as active incapable
is convicted for at least 3 years of imprisonment

Dissolution of marriage: court procedure
If there are minor children (within 1 month)
If there is no consent of the second spouse (after a 3 month period)
If the second spouse even without expressing it clearly by his/her actions demonstrates the lack of consent
If there are property claims
In a case there are no correspondent agreement between spouses the court must decide on:
with whom the minor children are going to live after the dissolution of marriage
Maintenance money – who and how much – for children and the other spouse
Division of common property