New regulation for indefinite alimony: Judges to determine duration based on parties' circumstances

Following the Constitutional Court's annulment decision in June, work has begun on a new regulation regarding the practice of indefinite alimony. The regulation, being prepared by the Ministry of Justice and legal experts from the AKP, is expected to be brought to the agenda as part of the 13th judicial package when Parliament reconvenes.

The draft study envisions that instead of automatically setting alimony as indefinite, the judge's discretion will be taken as the basis. Accordingly, the economic status of the parties, fault during the divorce process, and the duration of the marriage will be among the fundamental criteria for the decision.

The study also focuses on keeping the alimony duration shorter for short-term marriages. While the option of paying alimony for half the duration of the marriage is being evaluated, it is also on the agenda that the alimony duration for marriages under one year should be a maximum of 5 years.

Conversely, in cases where one of the parties is unable to work or has no other income, the judge will be able to rule for longer-term alimony. The regulation is aimed to be completed within the 9-month period granted by the Constitutional Court for the new regulation.

FAMILY LAW ALSO IN THE PACKAGE

The judicial package will also include other regulations regarding family law. It is planned to separate divorce cases from alimony, custody, and property division cases. Thus, it is aimed to conclude divorce cases within 2-3 months, while conducting custody, property division, and alimony matters through separate files.

The regulation aims to prevent contested divorce cases from lasting for years and to reduce the economic and psychological strain on the parties. The draft also includes reducing the period for filing a property division lawsuit after the finalization of a divorce case from 10 years to 5 years.

The package also includes a heading regarding the introduction of a mandatory identity verification requirement for social media accounts. Following a planned 3-month transition period, it is envisioned that fake accounts will be closed and that courts will be able to request identity information regarding accounts accused of crimes through the Presidency of Cyber Security.

News Source: 12punto