New regulation in divorce cases: 'It is understood that a burden has been imposed'

The Ankara 18th Family Court referred the paragraph of Article 166 of the Civil Code, which regulates the "shaking of the marital union" and states, "If a lawsuit filed for any of the grounds for divorce is rejected and three years have passed since the date this decision became final, if the common life cannot be re-established for any reason, the marital union is considered to have been fundamentally shaken and a divorce shall be granted upon the request of one of the spouses," to the high court on the grounds that it is unconstitutional.

"FOR AN UNREASONABLE PERIOD"

Reviewing the application, the Constitutional Court (AYM) emphasized that the three-year rule is a long period for a divorce decision in cases where a common life cannot be re-established. The decision included the following statements:

"It has been observed that in cases where a common life cannot be re-established, the parties are not allowed to obtain a divorce decision for an unreasonable period of time, and it is understood that a burden that they cannot bear is imposed on the parties who cannot terminate the marital union for a long time in cases where a common life cannot be re-established. In light of these evaluations, it has been concluded that the rule, which does not provide a reasonable balance between the right to request respect for private and family life and the aim of protecting the family institution, violates the principle of proportionality in terms of the sub-principle of proportionality."

The decision will enter into force in 9 months.