DIVORCE CASE DUE TO THE BREAKDOWN OF THE MARITAL UNION CAUSED BY ECONOMIC VIOLENCE
DIVORCE CASE DUE TO THE SHAKING OF THE MARITAL UNION ON GROUNDS OF ECONOMIC VIOLENCE
In the section of the newspaper reserved for me this week, I will try to explain a very important issue to you. As you know, there has been an increase in divorce cases recently. Divorce cases are divided into two categories under the Turkish Civil Code: uncontested and contested.
Divorce cases are regulated in detail under the title of "Shaking of the Marital Union" in the Turkish Civil Code. Specifically;
Turkish Civil Code
VI. Shaking of the marital union
Article 166- If the marital union has been shaken to its foundations to such an extent that it is no longer expected for the spouses to maintain a common life, each of the spouses may file for divorce. In the cases specified in the paragraph above, if the plaintiff's fault is graver, the defendant has the right to object to the filed case. However, if this objection constitutes an abuse of rights and there is no longer a benefit worth protecting for the defendant and the children in the continuation of the marital union, a divorce may be granted.
If the marriage has lasted at least one year, the marital union is considered to have been shaken to its foundations if the spouses apply together or if one spouse accepts the other's case. In this case, for a divorce decision to be rendered, it is required that the judge personally hears the parties, is convinced that their will is expressed freely, and finds the arrangement accepted by the parties regarding the financial consequences of the divorce and the status of the children appropriate. The judge may make the changes they deem necessary in this agreement, taking into account the interests of the parties and the children. If these changes are also accepted by the parties, the divorce is decreed. In this case, the provision that the admissions of the parties do not bind the judge does not apply.
If a case filed on any of the grounds for divorce is dismissed and three years have passed since the date this decision became final, if the common life could not be re-established for any reason whatsoever, the marital union is considered to have been shaken to its foundations, and upon the request of one of the spouses, a decision for divorce is made.
In Article 185 of the Turkish Civil Code; A marital union is established between spouses upon marriage.
Spouses are obliged to ensure the happiness of this union together and to take care of the care, education, and supervision of the children jointly.
Spouses are obliged to live together, remain loyal to each other, and provide assistance.
In the Turkish Civil Code, the spouses' duty of loyalty also includes economic loyalty to each other. Engaging in behaviors that involve economic violence against each other is not only a violation of the duty of loyalty but also appears as a ground for divorce in a divorce case based on the shaking of the marital union.
The behaviors of spouses regarding economic violence within the marital union show awareness in the jurisprudence of the Court of Cassation. Problems spouses have regarding their duties within the marital union, issues concerning employment, and failing to meet the needs of the household appear as economic violence.
In the decision of the 2nd Civil Chamber of the Court of Cassation dated 25.05.2017, numbered 2016/1012 E. and 2017/6204 K.; It is understood from the investigation conducted and the evidence collected that the defendant husband did not fulfill the duties required by the marital union by not paying the rent for the common residence, canceling the natural gas subscription, and avoiding living together. In this case, there exists and is proven a discord between the parties of such a degree that it shakes the common life to its foundations and does not allow for the continuation of the union. Given the flow of events, the plaintiff woman is justified in filing for divorce.
In the decision rendered by the 2nd Civil Chamber of the Court of Cassation, the spouse's act of closing the household subscriptions within the marital union was evaluated within the scope of a divorce case due to economic violence.