The family is the most fundamental and primary element that constitutes society. However, as with everything else, disputes can arise concerning the family, and considering the importance of the family to society, this has led to the regulation of rules Divorce and Family Law .
Undoubtedly, the dynamics that determine the structure of a society, its collective way of thinking or acting, occur (or are created) within the families that make up that society and spread throughout the whole. Therefore, the family is the smallest unit that constitutes society, which we can also define as a multi-faceted organism. Considering that legal rules regulate social life, it is natural that the importance the law will attribute to rules concerning the smallest unit of society is high. At this point, the rules established are created with the aim of preventing harm not only to society but also to the individuals who make up the family. While the benefits of a healthy family life for the individuals within the family and society are obvious, it is also important for the individuals within the family and society that no harm occurs when the family unit cannot be maintained. Therefore, in the event of a dispute related to Divorce and Family Law, it is necessary to seek the advice of a specialist family and divorce lawyer to ensure the fairest and healthiest resolution of the dispute for all parties involved .
Property Division in Family Law
One of the most common disputes in daily life regarding divorce and family law the division of property . Accordingly, when a family unit dissolves for various reasons, a decision is made on how the assets belonging to the family members will be divided. The law has made detailed regulations regarding the methods of division to prevent individuals from suffering losses due to the dissolution of the family unit. These are called property regimes. Our current law, the Civil Code No. 4721, stipulates the legal property regime of participation in acquired property, , and the regimes of community property, separate property, and shared separate property, which require a notarized agreement to be applied. In the old Civil Code No. 743, the legal property regime was the separate property regime, and since the man was the economically dominant party in the family, and the woman lacked economic power, unfair situations arose. This situation has been corrected in the new law.
- The Community Property Regime: This is a property regime in which spouses' assets are divided into personal property, which includes assets acquired before marriage or without labor, and acquired property, which includes assets acquired through labor during the marriage and the income from personal property. The total value of these assets is calculated using other methods specified in the law.
- Separation of Property Regime: This is a property regime in which each spouse retains their own rights over their own assets.
- Shared Property Separation Regime: This is a property regime where spouses have joint ownership of assets that they cannot definitively prove belong to them individually.
- Community Property Regime: This is a property regime where spouses jointly own property that is not legally considered their personal property, and these assets are called community property.
Reasons for Divorce
Due to the significant position of the family in society, as mentioned earlier, the dissolution of marriage is governed by specific rules within the framework of Divorce and Family Law. The aim is to prevent individuals from undermining the institution's standing in society through hasty decisions without truly serious reasons. Accordingly, our Civil Code stipulates that certain grounds must exist for divorce to occur. These grounds are divided into two categories based on their concrete, definite, and clear nature: specific grounds for divorce and general grounds for divorce.
Specific Grounds for Divorce:
- Adultery: If one party commits adultery, the other party can file for divorce.
- Attempted murder, extremely bad or humiliating behavior: If one spouse attempts to kill the other or engages in humiliating behavior, the other spouse may file for divorce.
- Committing a crime and leading a dishonorable life: If one spouse commits a humiliating crime or leads a dishonorable life, the other spouse may file for divorce.
- Abandonment: If one spouse abandons the other with the intention of not fulfilling their marital obligations, or fails to return to the marital home without a valid reason, the other spouse may file for divorce under certain conditions.
- Mental Illness: If one spouse suffers from a mental illness and this makes the marriage unbearable for the other spouse, a divorce case can be filed.
Common Reasons for Divorce:
- Fundamental Breakdown of the Marital Union: If the marital union has been shaken to such an extent that it is no longer expected of the spouses to continue their shared life, either spouse may file for divorce.
Our firm's expert lawyers specializing in Divorce and Family Law provide the service you need with meticulous attention to achieving the best possible outcome. You can contact us contact section.