WHAT DOES IT MEAN FOR A MARRIAGE TO BE FUNDAMENTALLY DISRUPTED?

Marriage imposes certain responsibilities on spouses, including love, respect, domestic harmony, understanding, mutual support, trust, and providing financial comfort. Failure to adequately fulfill these responsibilities makes cohabitation difficult. A fundamental breakdown of the marriage occurs when the spouses can no longer be expected to maintain their shared life. A divorce case filed due to this breakdown is a contested divorce case, initiated by the spouse who is blameless or less at fault. A fundamental breakdown of the marriage is a general ground for divorce, filed in the absence of specific grounds for divorce. Unlike specific grounds, there are multiple reasons for a fundamental breakdown of the marriage. Examples include one spouse cheating on the other via social media, being overly intimate with someone of the opposite sex, alcohol or gambling addiction, physical, psychological, or sexual violence, disrespectful behavior, insulting the spouse's family, and forcing the spouse to live with their own family instead of in a separate home. The judge decides, based on the specific circumstances of the case, whether the event has caused the marriage to be fundamentally shaken. If the marriage has been fundamentally shaken, and the defendant is at fault or more at fault than the plaintiff, the judge will grant the divorce.

MISTAKE

The spouse who is blameless or less at fault initiates the divorce proceedings, and if the judge determines that the marital union has been fundamentally broken down, they will grant the divorce.

If the spouse who is more at fault initiates the divorce proceedings, the other spouse has the right to object. If this right is abused, or if there is no longer any benefit for either the spouse or the children worth protecting, a divorce will be granted.

If the spouses are equally at fault, a divorce is granted

If the spouse initiating the divorce proceedings is entirely at fault, the case will be dismissed. This is because, in law, one cannot obtain a right based solely on their own fault.

AFTER DIVORCE

When spouses divorce due to the fundamental breakdown of their marriage, issues such as child custody, property regime, alimony, compensation, and the wife's personal status arise. Regarding custody, the best interests of the child are considered. Regarding property regimes, if an established regime exists, its liquidation is applied; otherwise, the statutory property regime is applied, meaning that assets other than personal property are divided equally. Regarding alimony, the less culpable or blameless spouse may request alimony if they will fall into poverty, or child support may be requested from the parent who does not have custody to cover the child's care, education, and health expenses, or the judge may order it ex officio. Regarding compensation, the spouse whose personality has been harmed by the divorce may request moral damages, or material damages if their existing or expected interests have been harmed. As for the wife's personal status, divorce preserves her status. After the divorce, she retains her previous surname; if she was widowed before the divorce, she may request the court to allow her to use her maiden surname. She may use her husband's surname if it is in her best interest and will not harm him. If the husband does not initially cause her harm, but it starts to cause harm later on—for example, if she marries and her new wife is bothered by it, causing unrest in her marriage—or if her husband starts to harm her, she has the right to request that permission to use his surname be revoked.

Decisions related to the subject:

Supreme Court 2nd Civil Chamber, Case No. 2014/385, Decision No. 2014/11657.

This decision reveals that the husband's behavior, which included physical violence and insults against his wife, fundamentally undermined the marital union. The court determined that both parties were at fault, but found the husband to be more at fault. In this case, the continuation of the marital union was deemed impossible. The Court of Cassation emphasized that the party who is more at fault in the marriage bears greater responsibility.

Supreme Court of Appeals, 2nd Civil Chamber, Case No. 2014/11622, Decision No. 2014/22159.

In this decision, the husband's physical violence and failure to fulfill his marital duties were considered fundamental reasons that undermined the marital union. The court stated that the wife's opposition to the divorce proceedings did not mean she had forgiven her husband, and ruled that the divorce should be granted. This decision demonstrates that even when flawed behavior in marriage is not forgiven or tolerated, the continuation of the marital union can be difficult.

Supreme Court of Appeals, 2nd Civil Chamber, Case No. 2017/3495, Decision No. 2018/13446.

This decision demonstrates that breaches of the duty of fidelity and the use of physical violence by the parties are considered among the reasons that fundamentally undermine the marital union. The court stated that the wife, who breached the duty of fidelity, was more at fault, but also found that the husband had used physical violence. In this case, the court stated that both parties were at fault, but that the continuation of the union was no longer possible.

These decisions demonstrate that physical violence, insults, and breaches of the duty of fidelity play a significant role in cases where the foundations of a marriage are fundamentally broken. The Supreme Court grants divorce when it determines that continuing the marriage is no longer possible for either party. Courts carefully evaluate the faults of the parties and may impose financial and moral responsibilities on the party found to be more at fault during the divorce process. Furthermore, it is emphasized that forgiveness or tolerance cannot be easily assumed in cases involving physical violence.

Second-year Law Faculty student

Dilek Aydın