The Foundation of the Marital Union is Shaken

Fundamental Breakdown of the Marital Union | Divorce Lawyer in Izmir | Attorney Dilek Yavuz Uysal

The Foundation of the Marital Union is Shaken

Divorce grounds are categorized into specific and general grounds in our law. Adultery, attempted murder, severe mistreatment, mental illness, abandonment, criminal activity, and leading a dishonorable life are examples of specific grounds. If specific grounds exist, the divorce case must be filed on those grounds. This is one of the most common mistakes in practice. It is a procedural and irreversible error for a spouse who has experienced violence or infidelity to file for divorce citing the fundamental breakdown of the marriage as the reason. Because, in the case of specific grounds, a social investigation report (surgical report), assault report, photographs and videos, mobile phone operator records, etc., must be included as evidence to prove the fault of the other party. Determining fault is crucial for many issues, from alimony to compensation. Even with the existence of all these specific grounds, when a case is filed on the grounds of the fundamental breakdown of the marriage, general reasons such as the parties preferring different lifestyles, having different ways of thinking, or no longer being able to communicate with each other are often cited. As can be seen, the two types are completely different, from the grounds for divorce to the means of proof. For this reason, working with a lawyer specializing in divorce cases will prevent loss of rights. After all this explanation, in the Turkish Civil Code (TMKIf we examine the article 166, which deals with the fundamental disruption of the marital union:

TMK Article 166"If the marital union has been fundamentally 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."”

In the cases mentioned in the paragraph above, if the plaintiff's fault is more severe, the defendant has the right to object to the lawsuit. However, if this objection constitutes an abuse of right and there is no longer any benefit worth protecting for the defendant and the children in the continuation of the marriage, a divorce may be granted.

If a marriage has lasted at least one year, the marital union is considered fundamentally broken if both spouses apply for divorce or if one spouse accepts the other's application. In this case, for a divorce to be granted, the judge must personally hear the parties, ascertain that their intentions have been freely expressed, and find the arrangement agreed upon by the parties regarding the financial consequences of the divorce and the situation of the children to be appropriate. The judge may make any necessary changes to this agreement, taking into account the interests of the parties and the children. If these changes are also accepted by the parties, a divorce is granted. In this case, the provision that the parties' admissions do not bind the judge does not apply. If a lawsuit filed on any of the grounds for divorce is dismissed, and three years have passed since the date the decision became final, and the marital life has not been re-established for any reason whatsoever, the marital union is considered fundamentally broken, and a divorce is granted upon the request of one of the spouses.

Accordingly, if the marital union has been severely disrupted to such an extent that it is unreasonable to expect the spouses to continue living together, this constitutes grounds for divorce. In divorce cases filed due to the fundamental breakdown of the marital union, fault is not a requirement. Both spouses can file a lawsuit regardless of whether they are at fault or not. However, this does not mean that fault is irrelevant. One spouse may argue that the other is more at fault, thereby influencing the outcome of the case.

Severe GeçLawsuit Based on Lack of Immunity AçTerms and Conditions ÖWhat are some examples?

The first requirement is that the marital union must be fundamentally shaken. There needs to be a significant difference in feelings and opinions between the spouses. This can be described as incompatibility. However, this is not always a necessary condition. If one spouse is unable to fulfill the requirements of marriage due to reasons that arise later, it can be argued that the marital union has been fundamentally shaken and a lawsuit can be filed. For example, if one spouse enjoys traveling and the other dislikes even leaving the house, this indicates that the two individuals have different lifestyles. Similarly, if one spouse wants to spend time constantly with their family while the other does not want to visit their family very often, this can also lead to incompatibility over time.

The second condition is that the marital union must be fundamentally shaken to such an extent that at least one of the spouses cannot be expected to continue living together. This situation must be severe enough to prevent both spouses, or just one, from continuing to live together. The judge determines whether these conditions are met. If the judge does not find the presented facts to be of a nature that fundamentally shakes the marital union, the case will be dismissed. Similarly, even if the proven facts are of a nature that shakes the marital union, the case may still be dismissed if it is proven that the marriage has not been shaken despite these facts. The reasons that warrant divorce are determined by legal doctrine and court decisions. Insult, failure to provide financial support to the spouse, indifference towards the family, aggressive and disrespectful behavior, incompatibility with sexual relations, constant quarrels, and working while neglecting the home and children are some examples of these reasons.

Fault in a Divorce Case Due to Severe Incompatibility Detection

A divorce case based on irreconcilable differences is a type of contested divorce case where one party bases their claim on the fault of the other.

The effect of party faults on the divorce decision whereas It is as follows:

The perfect match; If one spouse proves that the other is at least slightly at fault, a divorce is granted on the grounds that the marital union has been fundamentally shaken, meaning there is severe incompatibility. In this case, the spouse filing for divorce is either blameless or less at fault than the other spouse.

Less flawed spouse; If one spouse proves that the other is more at fault, a divorce is granted due to irreconcilable differences. In some cases, both parties may have committed faults that warrant divorce. In this situation, the less culpable spouse must prove that the other spouse is more at fault.

More flawed spouses; If one spouse proves that the other is at least slightly at fault, and the other spouse does not object to the divorce, a divorce will be granted. However, if the less culpable spouse requests the rejection of a divorce case filed by the more culpable spouse—that is, if the less culpable spouse does not want a divorce—the following conditions must also be met simultaneously:

It must be proven that the less culpable spouse's opposition to divorce constitutes an abuse of rights (Article 2 of the Turkish Civil Code). It must also be understood that maintaining the marriage is not worth protecting for the spouse and children. In cases of equal fault, a divorce is granted. A divorce case filed against the blameless spouse is dismissed. A divorce case filed by the entirely culpable spouse is also dismissed. The reason for dismissing a divorce case filed by the entirely culpable spouse is that it is unlawful for someone to acquire a right based solely on their own actions and fault.

Examples of Supreme Court Decisions Regarding Severe Marital Discord:

1- To his wife's motherThe Marital Union is Fundamentally Disrupted Due to a Foul

Although the court, accepting that the defendant-counterclaimant wife was more at fault in the events leading to the breakdown of the marriage, rejected her case and granted the husband's divorce, it is understood that, in addition to the culpable behaviors attributed to the parties and which were found to have occurred, the husband insulted his wife's mother by using vulgar language. In this case, there is a fundamental and persistent incompatibility between the parties that shakes the foundations of their shared life and makes the continuation of their union impossible. In light of the events that occurred, the defendant-counterclaimant wife is also justified in filing a lawsuit, and the conditions of Article 166 of the Turkish Civil Code have been met with regard to her case. Therefore, while the divorce case of the defendant-counterclaimant wife should have been accepted, its rejection in the manner written is not considered correct (Supreme Court of Appeals, 2nd Civil Chamber – Decision: 2017/3949).

2- Fault in a Divorce Case Due to Severe Incompatibility

A divorce case based on irreconcilable differences is a type of contested divorce case where one party bases their claim on the fault of the other. In contested divorce cases, the defendant's acceptance of the case does not produce any legal effect; the fault of the other party must be proven (Supreme Court of Appeals, 2nd Civil Chamber, Case No. 2017/36159).

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