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Divorce in Turkiye
(20 Messages in 2 pages - View all)
[1] 2
1.       Mary83
178 posts
 16 Nov 2006 Thu 01:29 pm

Merhaba everyone!
I would like to know what are the legal procedures in Turkiye if people decide to get a divorce,not that anybody wants that..Let's say that one of the parts involved is a foreigner,what kind of rights does he/she have??And the most important matter in my opinion, what happens with the kids, will they stay with the mother or the father?I wonder if the assets(properties, things that were bought during the marriage by either wife or husband)will be divided 50%-50% as it is here in Romania..What if the wife of the husband has never worked, is the 50%-50% still applying?As far as someone from Turkiye told me while my visit there,in case the wife never worked during the marriage,she will stay in the house with the kids..
Sizin cevaplariniz icin tesekkurler!
Maria

2.       juliacernat
424 posts
 16 Nov 2006 Thu 08:57 pm

selams!
what an interesting topic you have posted!
and no reply yet????
I am quite surprised, actually...I would expected a real debate!
maybe people are more interested in things related to "falling in love" and less with those related to "falling out of love"

I do have hopes, still!
julia

3.       qdemir
812 posts
 19 Nov 2006 Sun 05:30 pm

Under the recent civil law when couples get divorced every kind of assests that they have got during the marriage are divided into two equal parts, whether woman works or not. (assests which each part had before marriage aren't included)This law also covers couples who had married before the law was enacted on their application (I don't remember if there was a dateline for such an application)

4.       juliacernat
424 posts
 20 Feb 2007 Tue 11:53 am



Legal grounds for divorce under Turkish law



"“I have been married for almost three years, my husband is Turkish and we live in Turkey. We have had no problems arising out of cultural difference, and I love to be in Turkey.
However, I just feel like I don’t love my husband as I did before. I feel like his image as a husband to me is fading away. I have lately started to consider getting a divorce. It seems like I do not have significant grounds for a divorce. Would this -- not feeling in love anymore -- be grounds for divorce? Please only disclose my nickname if you have to. Your response will be appreciated.”
My dear reader, I certainly don’t have to disclose any names or nicknames. I just like to demonstrate that my corner is read and I am receiving enquiries. I only disclose names upon written approval of the reader who made the enquiry.
If I may proceed with your question; Nobody gets married to get divorced one day and every marriage is supposed to last forever. However, it is a fact that many people get divorce.
What does Turkish law say about grounds for divorce?


Under Turkish law, the grounds for divorce are basically as follows:

* adultery/disloyalty
* crimes against the life of a spouse
* ill-usage
* cruelty/affront/insult
* crime and infamous conduct
* abandonment/ desertion,
* mental illness
* domestic disturbances
The most common grounds for divorce applied in Turkish courts is domestic disturbance. Turkish Civil Code Article 166/1 states that “if the marriage is irreparably shaken, either of the spouses may file for divorce.” The parties can file for a divorce before the Family Court if they feel that their marriage has been ruined and their relationship is unbearable and intolerable. In practice, the Family Court should be convinced that the marriage has become unbearable.
Turkish courts have ruled on several matters regarding these grounds for divorce.
For instance, if one of the spouses continuously refuses to have sexual intercourse this may be considered as grounds for divorce. Other grounds that have been accepted in precedent cases include revealing family secrets, insulting the other spouse, humiliating activities against the other spouse, bedwetting and having bad breath.
One should note that none of these grounds solely can convince the judge to decide in favor of the claimant if the marriage hasn’t become intolerable.
In your case, if your feelings in relation to your husband make the marriage intolerable, you can go to court for a divorce.
In any case, according to Turkish Civil Code 166/IV, if the divorce case is dismissed and if the marriage hasn’t been reformed after three years, the court shall accept the new divorce case after this three year period has passed".

Berk Cektir, Today`s Zaman, 20.02.2007

5.       vineyards
1954 posts
 20 Feb 2007 Tue 12:13 pm

6.       libralady
5152 posts
 20 Feb 2007 Tue 12:31 pm

"For instance, if one of the spouses continuously refuses to have sexual intercourse this may be considered as grounds for divorce. Other grounds that have been accepted in precedent cases include revealing family secrets, insulting the other spouse, humiliating activities against the other spouse, bedwetting and having bad breath."


These seem rather flimsy reasons for divorce (except maybe bed wetting YUK) - does incessent snoring count too??

7.       Mary83
178 posts
 20 Feb 2007 Tue 01:34 pm

Quoting juliacernat:



Legal grounds for divorce under Turkish law



"“I have been married for almost three years, my husband is Turkish and we live in Turkey. We have had no problems arising out of cultural difference, and I love to be in Turkey.
However, I just feel like I don’t love my husband as I did before. I feel like his image as a husband to me is fading away. I have lately started to consider getting a divorce. It seems like I do not have significant grounds for a divorce. Would this -- not feeling in love anymore -- be grounds for divorce? Please only disclose my nickname if you have to. Your response will be appreciated.”
My dear reader, I certainly don’t have to disclose any names or nicknames. I just like to demonstrate that my corner is read and I am receiving enquiries. I only disclose names upon written approval of the reader who made the enquiry.
If I may proceed with your question; Nobody gets married to get divorced one day and every marriage is supposed to last forever. However, it is a fact that many people get divorce.
What does Turkish law say about grounds for divorce?


Under Turkish law, the grounds for divorce are basically as follows:

* adultery/disloyalty
* crimes against the life of a spouse
* ill-usage
* cruelty/affront/insult
* crime and infamous conduct
* abandonment/ desertion,
* mental illness
* domestic disturbances
The most common grounds for divorce applied in Turkish courts is domestic disturbance. Turkish Civil Code Article 166/1 states that “if the marriage is irreparably shaken, either of the spouses may file for divorce.” The parties can file for a divorce before the Family Court if they feel that their marriage has been ruined and their relationship is unbearable and intolerable. In practice, the Family Court should be convinced that the marriage has become unbearable.
Turkish courts have ruled on several matters regarding these grounds for divorce.
For instance, if one of the spouses continuously refuses to have sexual intercourse this may be considered as grounds for divorce. Other grounds that have been accepted in precedent cases include revealing family secrets, insulting the other spouse, humiliating activities against the other spouse, bedwetting and having bad breath.
One should note that none of these grounds solely can convince the judge to decide in favor of the claimant if the marriage hasn’t become intolerable.
In your case, if your feelings in relation to your husband make the marriage intolerable, you can go to court for a divorce.
In any case, according to Turkish Civil Code 166/IV, if the divorce case is dismissed and if the marriage hasn’t been reformed after three years, the court shall accept the new divorce case after this three year period has passed".

Berk Cektir, Today`s Zaman, 20.02.2007



Merhaba Julia!
Thank you very much for the information !

Maria

8.       azade
1606 posts
 21 Feb 2007 Wed 05:04 pm

Quoting libralady:

"For instance, if one of the spouses continuously refuses to have sexual intercourse this may be considered as grounds for divorce. Other grounds that have been accepted in precedent cases include revealing family secrets, insulting the other spouse, humiliating activities against the other spouse, bedwetting and having bad breath."


These seem rather flimsy reasons for divorce (except maybe bed wetting YUK) - does incessent snoring count too??



I agree! Is the bit about bad breath serious? If a spouse files for divorce because of such a "problem" they shouldn't even have gotten married in the first place.

9.       robyn :D
2640 posts
 21 Feb 2007 Wed 05:26 pm

its true that some people get divorced for really silly reasons, but thats the same everywhere i guess
for example okkes' cousin in turkey divorced from his wife because they argued constantly when he sent £50 to his family on one occassion
if you ask me thats one of the silliest reasons ever.
and they only had their wedding gifts from their marriage(it was only a few months ) but it had to be discussed and agreed with older family members first as well.

10.       aenigma x
0 posts
 21 Feb 2007 Wed 05:29 pm

Instead of having to give silly excuses, why can't it just be admitted that you fell out of love?

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