Family is the primary and the most fundamental element that form the society. However, as in all issues, the emergence of conflictions related to the family has brought about the results that regulating rules on this issue with some certain rules under the name of Divorce and Family Law considering the importance of family for society.
Surely, the dynamics that determine the structure of a society, its mass action and way of thinking occur in families form the society and spread to the whole. Family what can also be defined as an organism that has multi-component mixtures is the smallest unit form the society. If we think that legal rules organize the life of society, it is natural for law to give much importance to the rules related the smallest unit of society. That not to expose damage both for society and individuals who form the family was considered when these rules were created. While the benefits of healthy family life are obvious in terms of family members and the society, this not to expose any damage is also important for them in case of the absence of family unit. For that reason, in case of existence of any conflictions related to Divorce and Family Law, there is a need to apply an expert lawyer on this issue in order to resolve this confliction in the fairest and healthiest way on behalf of all parties.
Division of Property in Turkish Family Law
In everyday life, one of the points in which confliction occurs the most with regard to Divorce and Family Law is the division of property in Turkish family law coming from the family law of terminated family members. Accordingly, in case of termination of family, it is decided how the belongings of family members will be shared. The law has made elaborate arrangements about the shape of division in order to prevent the damages individuals may suffer due to the disruption of family. We call them as property regimes. In the case of not to do an agreement contrary to the Civil Law numbered 4721, the regime of joining acquired property which is the property regime individuals will be included and the regimes of community of property, separation of property and separation of shared property in which an agreement that will be approved by notary public is required on this issue have envisaged. The regime of legal property was the regime of separation of property in old Civil Law numbered 743. Since it was men who are arbiter among family members, unfair situation were emerging and there was not economic power of women. This situation has been corrected in the new law.
- The regime of joining acquired property: It is a regime of property shown in the law and calculated with other calculations as a result of division in property such as the personal property which is belong to personal usage of couples including goods they had before marriage or without working, the personal property which are acquired in exchange for one’s labour during the continuation of family association and the acquired property which includes incomes of personal property.
- The regime of separation of property: It is a regime of property in which each of couples protects the rights they have on their property assets.
- The regime of separation of shared property: It is a regime of property the spouses will have the joint ownership of property on which they were unable to prove conclusively that they are the owner of them.
- The regime of community of property: It is a regime of property, called as joint property, on which spouses will cooperatively have ownership of goods that they are not their property in accordance with law.
The Reasons of Divorcement in Turkish Family Law
As we mentioned before, due to the important position of the family in society, the termination of marriage is bond to certain rules within Divorce and Family Law. The purpose of that is not to let any hasty decisions people made to afflict the importance of these institutions without really serious reasons. On this issue, it is foreseen that there need to be some reasons in order to divorcement happen in our Civil Law. We split these reasons into two as private and general reasons according to criteria like being concrete, accurate and clear.
Private reasons of divorcement:
- Adultery: In the case of fornication of one spouse, the other spouse can file for divorce.
- Attempt against life, very bad or defamatory treatment: If one of the spouses attempt against life or act defamatory behaviour, the other spouse may file for divorce.
- Commit a crime, disreputable life: If one of the spouses commit a humiliating crime or lead a disreputable life, the other spouse can file for divorce.
- Leave/abdication: If one of the spouses leave in order not to fulfil the obligations arising from marriage union or does not return to the communal residence without a justifiable reason, divorce can be opened by the other spouse with the fulfilment of certain conditions.
- Mental disease: If one of the spouses is mentally ill and this condition makes the marriage union to be miserable, divorce can be filed for.
Common reasons of divorcement:
- The shaken of marriage union from foundation: In the case of an unexpected shaken of marriage union in terms of maintaining the common life, each of spouses can file for divorce.
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