Reopening Divorce Cases in Turkey Changes in Waiting Periods and Their Impacts

Reopening Divorce Cases in Turkey , Changes in Waiting Periods and Their Impacts

Introduction: Recent amendments to the Turkish Civil Code have significantly changed the waiting period for reopening a divorce case after its initial rejection. Previously, if a divorce case was rejected, the parties had to wait for 3 years before they could file for divorce again on the same grounds. However, this period has been reduced to 1 year with the new regulation. This change has various implications for couples undergoing divorce and legal practices.

Previous Regulation: Under the previous regulation, if a divorce case was rejected, the parties had to wait for 3 years before they could refile on the same grounds. The purpose of this lengthy period was to give couples a chance to reconsider their relationship and potentially reconcile. However, this extended duration often led to couples delaying their divorce intentions further, forcing them to remain in an undesired marital status. This situation particularly exacerbated issues and conflicts in contentious divorce cases.

New Regulation: With the new regulation, the waiting period has been shortened to 1 year. The primary goal of this amendment is to expedite the divorce process and prevent couples from being unnecessarily bound in a marriage. The 1-year waiting period not only supports reconciliation efforts but also allows for a more expedited legal resolution.

Relevant Legal Provision: The new regulation has been enacted through an amendment to Paragraph 4 of Article 166 of the Turkish Civil Code:

Article 166 (Amended Paragraph 4): "If a divorce case is rejected on any of the grounds for divorce, and one year has passed since the finalization of this decision, and if the common life has not been reestablished for any reason, the marriage union shall be deemed fundamentally disrupted, and a divorce shall be granted upon the request of one of the spouses."

Reducing the waiting period for reopening divorce cases from 3 years to 1 year facilitates faster legal processes and enables parties to find legal solutions in a shorter time frame. However, the shorter duration may also limit the opportunity for couples to reconcile and reevaluate their marriage. Therefore, it is crucial for parties to seek legal advice and support to ensure that they make informed decisions and that the process is conducted fairly.

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