Turkey’s Divorce Decisions

2 min


Divorce in Turkey can be based upon a variety of reasons, including what is called a divorce decision. It can be either a dissolution of marriage or a consensual separation. This is different from an annulment decision, where a court grants a legal decree declaring that the marriage is null and void. This could be because one spouse has a mental disorder or they have consented to marriage by mistake.

Consequences of Divorce Decision

The divorce decision does not end the marriage. There are many other consequences, including those relating to the ex-spouses.

Consequences for Divorce – Ex-Spouses

Article

130 of the Turkish Civil Code (“TCC”) says that the current marriage will end once the divorce settlement has been reached. After that, the limitation period will begin to run.

The Opportunity to Remarry and Termination of the Marriage

After the divorce settlement is finalized, both ex-spouses can return to their respective homes and/or remarry if desired. The TCC Article 132 creates a minor obstacle for the ex-wife. She must wait three (3) months after the date of termination to remarry. The marriage will be considered final if she doesn’t.

Dissolution of Matrimonial Property

Two systems govern the Turkish marital property system. Article 179 of TCC states that “in the dissolution of matrimonial estate regime, provisions concerning the regime with which the spouses are up, shall apply.” The arrangement may be based on either the legal marital property or a separate nuptial contract, depending on the agreement of the parties.

Modifying or maintaining the personal status acquired through the marriage

The TCC Article 173 provides that the ex-wife retains the personal status or condition she obtained through marriage (e.g., kinship by marriage and citizenship) This applies to both men and women. This section demonstrates the importance of surnames.

Divorced women cannot keep the surname their ex-husband uses and must return to their maiden names. She may ask to keep her ex-husband’s surname if: 1) she received some economic benefits, such as not losing customers or fame; and 2) there is no harm to him. If he feels such an action would offend him, the ex-husband may object to this decision. If the woman is involved in fraud, for example.

The European Court of Human Rights considered the surname variation in light of Article 8. It found that forcing a married woman acquires her husband’s name would be a violation of privacy. There is a strong argument that the TCC is an interpretive rule, and therefore does not violate an international treaty.

The Termination of Mutual Rights arising from Inheritance law

Divorce results at the end of the matrimonial relationship and, as such, both spouses lose their legal heir status. They lose all rights they were granted by testamentary dispositions made before the divorce. These dispositions become null unless contrary intent is shown under Article 181 TCC. These transactions will still be valid even if the divorce is final. The inheritances will be continued if there is a relationship between the ex-spouses, which could include children of siblings or brothers.

There will be situations where the divorce proceedings are initiated but not resolved. This could happen if, for instance, one spouse dies during the proceeding. Article 181 of TCC states that if one party to a divorce proceeding dies during proceedings, the marriage is dissolved. The rights of inheritance are not taken into account.

The exception to this rule is when the pending suit is concerned. This is because the heirs (alive spouses) may have the opportunity to block the acquisition of legal succession by the other party (deceased spouse), provided that there is evidence that the spouse who caused the divorce is the one who is still alive.

Conclusion

The needs of the spouses are changed completely after a divorce. There are many consequences to a divorce decision. Some of these areas are controversial in Turkish family law surrey bc. Some of these practices can be hard to reconcile with the principle that gender equality is required by Turkish law.

 


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