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A significant legal question regarding married couples' access to bank secrecy information has reached the Constitutional Court of Kazakhstan. The case was initiated by a citizen seeking clarity on her rights concerning joint financial assets after a divorce.

The court will now examine the constitutionality of Article 50, Clause 4 of the Law "On Banks and Banking Activities." This specific provision dictates that information constituting bank secrecy can only be disclosed to the client or with the account holder's consent.

Divorce and Financial Disclosure

The woman who filed the complaint argued that this banking law prevents her from obtaining information about joint savings accumulated during the marriage. She contends that this restriction hinders her right to claim her share of marital property.

According to the applicant, after her divorce, she prepared a lawsuit to divide the financial assets accumulated with her ex-husband during their marriage. However, she was unable to obtain information about her ex-husband's savings at that time.

Her attempt to compel second-tier banks to provide this information through the courts was unsuccessful, as her claim was ultimately rejected.

Constitutional Court Review

Representatives from the applicant and her lawyer, along with delegates from the Parliament, the Prosecutor General's Office, the National Bank, the Agency for Regulation and Development of the Financial Market, the Ministry of Justice, the Institute of Legislation and Legal Information, and the Institute of Parliamentarism, attended the Constitutional Court hearing.

The Constitutional Court's final decision will be published on its official website and in the newspapers "Egemen Kazakhstan" and "Kazakhstanskaya Pravda." This case could set an important precedent for financial rights within marriage and upon divorce in Kazakhstan.