January 21, 2022


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What you need to know about consequences of divorce in countries like Turkey

2 min read

Divorce in Turkey can be granted for a variety of reasons, including what is known as a divorce decision. This can take the form of a marriage collapse or a mutually agreed-upon divorce. A decision of annulment, on the other hand, is when a court provides a legal decree declaring the marriage null and void. This could be due to one or both spouses having a mental illness, or because one or both of them consented to marry by mistake.

A divorce decision not only ends the marriage, but it also has a number of other implications, including the effects of divorce on the ex-spouses.

The current marriage will cease once the divorce resolution is finalized, according to Article 130 of the Turkish Civil Code (“TCC”). After that, the statute of limitations will begin to run.

After the divorce is finalized, both ex-spouses can go back to being single and/or remarry if they so wish. However, Article 132 of the TCC imposes a slight stumbling block for the ex-wife, who must wait three (3) months from the date of the marriage’s termination to remarry. Even if she does not, the marriage will remain lawful.

Under Turkish law, there are two different systems that control the marital property regime. “In the dissolution of the matrimonial property regime, provisions regarding the regime which the spouses are up with shall apply,” according to Article 179 of the TCC. As a result, the arrangement might be based on the legal marital property system or a separate nuptial agreement, depending on what the parties agreed to.

According to Article 173 of the TCC, an ex-wife retains the personal status or condition she gained through the marriage (such as kindred by marriage, citizenship, and surname). This holds true for both men and women. This section, on the other hand, emphasizes the significance of surnames.

The divorced woman is unable to preserve her ex-surname husband’s and must revert to her maiden name. She may, however, request to preserve her ex-surname husband’s if: 1) there are some financial benefits, such as not losing her clientele or renown, and 2) the guy will not be harmed. It’s worth noting that the ex-husband can always oppose to this decision if he believes it will offend him. For instance, if the woman has been involved in unethical business practices.

In light of the surname variations, the European Court of Human Rights looked at a person’s surname in the context of their right to a private life under Article 8 of the European Convention of Human Rights, and determined that forcing a married woman to take her husband’s surname would be a violation of that right. However, there is a case can be made that it is an interpretive norm that does not act in violation of the international treaty until the terms of the TCC are amended.

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