If the engagement ends for a reason other than marriage, gifts that go beyond what is customary may be reclaimed. Under TMK art. 122, this right concerns gifts given by the engaged persons and by the relatives named in the statute to the other engaged person. Return is not, as a rule, tied to fault; a one-year limitation period also applies to claims arising from the end of the engagement.
READ MOREEveryday language calls it “severe incompatibility”; under the current Turkish Civil Code it is assessed as irretrievable breakdown of the marital union. TMK Art. 166/1 requires that common life has deteriorated so far that the spouses cannot be expected to continue it. Naming the phrase in a petition is not enough; the underlying events and evidence must be set out in concrete terms.
READ MOREDesertion is a specific divorce ground under TMK art. 164. Leaving in order not to fulfil marital duties, or not returning to the common home without just cause, a continuing separation of at least six months and a judge’s or notary’s warning that has remained without result are required. The warning cannot be requested before the fourth month has expired; after the warning a two-month return period must also be completed.
READ MOREIf a removal order or another measure under Law No. 6284 is thought to have been breached, safety comes first; in continuing danger, help should be sought via 112. The order and the facts of the incident are reported to the police or the competent judicial authority. Coercive detention and additional protective measures are handled by the competent authority in light of the order’s scope and the circumstances.
READ MOREHaving divorced abroad does not in every case mean that the Turkish civil-registry record changes of its own accord. Where the conditions are met, a foreign decision may be entered in the family register by administrative application; otherwise recognition or enforcement is considered. Entering the divorce in the register and implementing maintenance, compensation and child-related rulings in Turkey are separate matters.
READ MOREIn a divorce for adultery or attempt on life, the judge may reduce or remove the at-fault spouse’s share in the surplus according to equity. This possibility under TMK art. 236/2 does not operate automatically and does not mean that the at-fault spouse loses all property. The legal ground of the divorce, the applicable matrimonial-property regime and the type of claim sought must be examined together.
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