WHAT IS SEVERE IMPOVERISHMENT (SHAKING THE FOUNDATIONS OF THE MARRIAGE UNION)?
Severe lack of livelihood or deconstruction of the marriage union are among the reasons for divorce. In the old Civil Code, the reason for this divorce was called severe lack of livelihood. With the new Civil Code, the name of the reason for this divorce has been changed from the basis of the marriage union to the shaking. Severe incompatibility refers to the fact that the continuation of the marital union becomes unbearable for one or both spouses and its continuation is impossible. If the continuation of the marriage does not benefit the parties or the joint children, the parties may file for divorce due to severe lack of livelihood.
Although severe lack of livelihood is considered as a general reason for divorce in the law, it has not been considered which behaviors will create severe lack of livelihood. In this regard, the judge will assess the situation according to the specifics of the concrete event during the divorce proceedings and, taking into account the claims and defenses that the parties have submitted before the court, will conclude whether the basis of the marriage union has been shaken. If the claims submitted before the court do not form an opinion in the judge that the basis of the marriage union has been shaken, the severe lack of livelihood divorce case will be rejected.
WHAT ARE THE BEHAVIORS THAT SHAKE THE MARRIAGE UNION FROM ITS FOUNDATION (CAUSING SEVERE IMPOVERISHMENT)?
The shaking of the marriage union from its foundation is considered as a general reason for divorce in the Turkish Civil Code, but the behaviors that will cause it are not considered individually. These behaviors can vary both according to the characteristics of the concrete event and according to customs and customs. For this reason, it is shaped by the decisions of the Supreme Court which behaviors shake the marriage union from its foundation. According to the case law of the Supreme Court, the following behaviors can be cited as examples of the behaviors that shake the marriage union from its foundation.
-Ridiculing the external appearance of the spouse
-Humiliation of the spouse in public
-Violence against the spouse, harassment
-Non-fulfillment of responsibilities arising from the marriage union
-Engaging in trust-shattering behavior
-Constant insults against the spouse
-The fact that the spouse constantly causes unrest in the house by using alcohol. These numbers are only examples, and many reasons can be added.Therefore, the important issue in the matter of filing a divorce based on the reason that the marriage union has been shaken from its foundation is whether the common life has become unbearable.
WHAT ARE THE EVENTS THAT CAUSE SEVERE IMPOVERISHMENT?
As we have already mentioned, the events that cause severe impoverishment are not counted individually in the Civil Code. However, the events that are most reflected in the case law of the Supreme Court and which we encounter most frequently in our professional lives are briefly explained below.
HAVING FORCED SEXUAL INTERCOURSE:
Having forced sexual intercourse is a reason for divorce. Having a sexual union under the duress of one of the parties in a marriage or having sexual intercourse in a way that one of the parties does not want is considered sexual violence. The use of sexual violence against the spouse is a reason for divorce that shakes the foundation of the marital union. In addition, having forced sexual intercourse also forms the crime of sexual assault in the Turkish Criminal Code and leads to the fact that the partner who forces receives a prison sentence.
DISCLOSURE OF CONFIDENTIAL MATTERS:
Disclosure of intimate matters, that is, telling third parties, is a reason for divorce. The Supreme Court also recognized the disclosure of intimate matters to family elders as a defect and stated that it was the reason for the divorce. Telling private matters to third parties constitutes humiliating behavior from the point of view of the other spouse.
EXCESSIVE BORROWING:
Excessive borrowing is one of the most common reasons for divorce. The fact that one of the spouses gets into excessive debt without thinking about the family economy and puts his family in a difficult situation is considered economic violence and is considered a reason for divorce that shakes the marriage union from its foundation.
FACEBOOK INSTAGRAM, TWITTER, AND SOCIAL MEDIA ADDICTION:
Social media addiction is one of the most common causes of divorce in recent times. If one of the spouses spends too much time on social media sites and neglects his wife and children, and this makes the joint life unbearable, it can be a reason for divorce.
GOSSIPING ABOUT THE SPOUSE AND HUMILIATING THE SPOUSE IN PUBLIC:
Gossiping about the spouse and humiliating the spouse in public is the reason for the divorce. An example of this situation can be shown by making fun of the spouse for being too overweight or too thin, constantly insulting the spouse.
SMELL OF MOUTH, FOOT ODOR AND SWEAT:
Bad breath, foot odor and sweat smell can be a reason for divorce according to the case law of the Supreme Court. The fact that one of the spouses constantly smells of sweat in a way that bothers the other spouse, and there is a smell from the mouth and feet is considered a reason for divorce. But the most important thing here is whether the cause of the odor is caused by a disease, whether there is a cure for the disease, whether the partner looks positively at this treatment.
CONSTANT UNAUTHORIZED TAMPERING WITH THE SPOUSE’S PHONE:
Constant unauthorized tampering with the spouse’s phone constitutes a reason for divorce. This behavior may also constitute a violation of the privacy of private life in the sense of TCK.
EXCESSIVE JEALOUSY:
In the event that a situation of excessive jealousy occurs within the marital union, the spouse who is a victim of this situation may request a divorce decision by proving the issue of excessive jealousy in front of the court. The most important point here is also that the state of jealousy makes the joint life unbearable.
PHYSICAL, PSYCHOLOGICAL OR ECONOMIC VIOLENCE AGAINST THE SPOUSE:
The use of physical, psychological and economic violence against the spouse is the reason for the divorce. The use of physical violence by one of the spouses against the other, the beating of his partner shakes the marriage union from the foundation. A spouse who has been subjected to physical violence and beatings must first obtain a mint report from the hospital to document this condition.
Ill-treatment of the spouse, insulting, offending him creates psychological violence and is the reason for the divorce. In addition, the fact that the money earned is not given to the other spouse, the financial needs of the family and the house are disrupted, the spouse is not given pocket money are events that cause economic violence and cause divorce by shaking the marriage union from its foundation.
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