Precedent-setting ruling from the Court of Cassation on divorce proceedings: Living separately does not remove obligations

The 2nd Civil Chamber of the Court of Cassation has ruled that spouses living separately while a divorce case is ongoing, or the existence of a restraining order against one of the parties, does not automatically eliminate economic obligations.

In a divorce case heard in Ankara, the wife claimed that her husband had subjected her to violence, prevented her from seeing her family, and had not been involved with the family during the divorce process, and she requested alimony and compensation.

Following its assessment, the court of first instance found the husband to be at gross fault and ruled for the divorce of the parties. The court also ordered alimony and compensation in favor of the woman.

After the file was moved to the appellate court, the 1st Civil Chamber of the Ankara Regional Court of Justice reached a different conclusion. The regional court decided to dismiss the case on the grounds that there was insufficient and definitive evidence regarding the husband's fault.

The 2nd Civil Chamber of the Court of Cassation, which conducted the appeal review, overturned the regional court's decision. The chamber emphasized that as long as the marital union continues, spouses' economic responsibilities toward each other and their children continue.

The ruling stated that the filing of a divorce case, the fact that spouses are living separately, or the existence of a restraining order does not terminate these responsibilities. The Court of Cassation ruled that the failure to provide financial support to a spouse and child during this process should be considered within the scope of fault.

Following the Supreme Court's reversal decision, the file was sent to the relevant court for re-evaluation. The decision serves as an important precedent regarding the economic obligations of spouses living separately during the divorce process.

News Source: 12punto