The fourth paragraph of Article 166 of the Turkish Civil Code numbered 4721, titled “Breakdown Of Marriage” has been annulled with the decision of the Constitutional Court published in the Official Gazette dated 19.04.2024 (“Decision“). The aforementioned legal provision pertains to divorce cases filed due to the inability to establish a marriage union following the dismissal of a divorce case and it is as follows:
“In case where has been decided rejection of the petition filed for any one of grounds for divorce and elapsed three years commencing from the date on which that decision has been finalized, if joint life could not have been formed again for whatever the reason is,the marriage is deemed shaken off its foundation and it is resolved to divorcement upon request of either of spouses.”
In the Decision adopted by a majority vote, it was stated that the relevant regulation did not allow for divorce for an unreasonable period from the perspective of the parties to the marriage. It was concluded that this situation contradicted the principle of proportionality mentioned in Article 13 of the Constitution and therefore was in violation of the Constitution.
The reasoning of the Decision includes the following statements:
“In this respect, it has been concluded that the rule which does not provide a reasonable balance between the right to demand respect for private and family life and the purpose of protecting the family, violates the principle of proportionality.”
The Decision will come into force nine months later after its publication on 19.04.2024
