A new formula for divorce cases: Is family mediation coming?

Minister of Justice Yılmaz Tunç has proposed that issues such as alimony, property regimes, and financial compensation be separated from divorce proceedings and that a family mediation system be implemented.

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Minister of Justice Yılmaz Tunç met with members of the press at the Ulukaya Waterfall facilities in Ulus, Ankara, and announced a new regulation regarding divorce cases.

Minister Tunç stated that in order for divorce cases to be concluded more quickly and for the parties to establish a new life in a healthier manner, issues such as alimony and property regimes should be handled as separate cases.

Emphasizing that the long duration of divorce cases prevents the parties from rebuilding their lives, Tunç noted that such cases often last up to 10 years. "We need to finalize the divorce as soon as possible and let the other cases continue," Tunç said, drawing attention to the need to end these lengthy processes in the courts.

DISCUSSED WITH FAMILY COURTS AND THE COURT OF CASSATION

Tunç stated that they have discussed this issue in detail with family court judges, heads of appellate chambers, and the president and members of the Second Civil Chamber of the Court of Cassation. He also noted that they are seeking a solution to eliminate this problem following consultations with the Council of Judges and Prosecutors.

ATTENTION DRAWN TO THE MEDIATION SYSTEM

Noting that a "family mediation" system has been proposed so that divorce cases can be concluded in a shorter and healthier way, Tunç stated that this system is currently being implemented in many European countries. "It is important to apply to a mediator before a divorce case," Tunç said, adding that this formula could also be implemented in our country.

HEAVY ACCUSATIONS WILL BE AVOIDED IN DIVORCE CASES

Pointing out that serious accusations are often made between parties to prove fault in divorce cases, Tunç stated that the disclosure of family privacy creates negative effects on both children and the parties involved. Minister Tunç expressed that the mediation method would play a critical role in allowing parties in family courts to resolve their conflicts in a more mature manner.

Explaining that the family mediation system would enable parties to make their divorce decisions in a calmer environment, Tunç noted that in the event of a disagreement, the case could still be taken to court. Tunç said, "If an agreement is reached regarding the divorce, a resolution can be achieved in a very short time with court approval. If an agreement cannot be reached, the case goes to court, and the process is initiated in a calmer manner."