Our Turkish family lawyers provide legal consultancy, advocacy, and mediation services in all matters related to divorce including divorce due to separation in Turkey. We represent clients in compensation, alimony, custody, and liquidation of property regimes, as a divorce lawyer and mediator in property division lawsuits and other divorce cases.
Table of Contents
- Conditions for Divorce Due to Separation
- The rejection of a lawsuit filed on the basis of any previous reason for divorce
- It is necessary that three years have passed since the decision to reject the divorce request.
- During the separation, a common life should not have been established for whatever reason
- One of the spouses has filed for divorce
- Family Law Services in Turkey
- Reach us for Divorce Due to Separation in Turkey
As for the general reasons for divorce; shaking of the marital union, divorce due to severe incompatibility, divorce by agreement of the spouses; An uncontested divorce is considered a de facto separation, divorce due to separation in Turkey, in which the spouses do not meet for three years after a divorce is denied.
Conditions for Divorce Due to Separation
Our divorce lawyers represent our clients in divorce due to separation lawsuits and provide advocacy and consultancy services. Divorce due to separation in Turkey, which is also referred to as Unable to Establish a Common Life, is regulated in the 4th paragraph of Article 166 of the Turkish Civil Code.
According to the Turkish Civil Code 166/4; “In the event that the lawsuit filed with any of the reasons for divorce is rejected and three years have passed from the date of finalization of this decision, if the common life cannot be re-established for whatever reason, the marriage union is deemed to have been shaken to the foundation and the divorce is decided upon the request of one of the spouses.”
For this reason, the provision has tied the decision to divorce to certain conditions;
The rejection of a lawsuit filed on the basis of any previous reason for divorce
It doesn’t matter which spouse or the lawsuit is filed on what grounds. However, no matter how long the spouses have been living apart, divorce cannot be benefited from due to “Actual Separation” unless there is a divorce case that has been filed and rejected before.
It is necessary that three years have passed since the decision to reject the divorce request.
The 3-year period must have expired when a new divorce case is filed. This actual separation period must be uninterrupted. This period begins when the decision to reject the first divorce request becomes final.
In case a decision regarding the rejection of divorce is given by a foreign court, the beginning of the three-year period is the date on which the decision to be recognized by the competent Turkish Court becomes final.
During the separation, a common life should not have been established for whatever reason
The fact that the spouses come together from time to time during the Actual Separation does not mean that a common life has been established. However, living together as husband and wife in the same house, albeit for a short time, within a minimum period of 3 years following the rejection of this first divorce request, prevents the opening of a divorce case according to MK 166/4.
Because this shows that the possibility of the marriage to continue is not over. In this respect, even if the divorce case is to be filed after these minimum three years, the situation that the marriage union has not been established must still continue at the time of the lawsuit.
One of the spouses has filed for divorce
This new case can be opened by any of the spouses. In the rejected case, being a plaintiff or a defendant, being defective or faulty in the failure to establish a common life or the foundation of the marriage union, is not important in terms of filing the lawsuit.
If any spouses open this case, the judge must decide on divorce. As can be seen, de facto separation is not a reason for divorce on its own. Depending on the above-mentioned conditions, it offers the possibility of divorce due to actual separation.
Family Law Services in Turkey
- Uncontested divorce case
- Contested divorce case
- Divorce due to separation
- Litigation of the property regime
- Alimony and compensation cases
- Recognition and enforcement proceedings
- Custody Cases
- Alimony adaptation case
- Collection of alimony and compensation receivables
- Divorce due to adultery
- Removal of the violent spouse from the home
Reach us for Divorce Due to Separation in Turkey
Legalixa Law is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s family law & divorce. Our Turkish family lawyers provide legal consultancy, advocacy and mediation services in all matters related to family law including lawsuits for divorce due to separation in Turkey since 1992.
Our law firm is now one of the leading family law & divorce law firms in Istanbul, Turkey. You may reach us for divorce due to separation in Turkey through our Contact page.
