WHAT IS THE PERIOD OF IDDAT?
Iddat period, also known as the waiting period. Refers to the period that a woman whose divorce case is finalised. Must wait legally to remarry. This period is determined as 300 days in the law. The woman who does not want to wait for this period. Can request the court to lift this period by filing a lawsuit for the lifting of the period of iddat in the family courts.
In the Turkish legislation. This issue is primarily stated in Article 132 of the Turkish Civil Code and Article 26 of the Population Services Law. Article 132 of the Turkish Civil Code No. 4721;
If the marriage has ended. The woman cannot marry until three hundred days have passed since the marriage ended.
The period ends with giving birth.
In cases where it is understood. That the woman is not pregnant from. Her previous marriage or the spouses whose marriage. Has ended want to marry each other again, the court removes this period.
The provision states what the waiting period is and how it can be cancelled.
Article 26 of the Population Services Law No. 5490
The waiting period of the woman shall. Be effective from the date of finalisation of the court decision.
By saying this. The court has regulated when the waiting period will start.
The purpose of the waiting. Period is to determine the parentage of the child to be born in a possible pregnancy. Of the divorced woman. Therefore, the purpose of the waiting period is to protect. The child by preventing the possible confusion in the legal status of the child who will be born after the divorce.
WHAT IS THE CASE FOR LIFTING THE WAITING PERIOD?
If no action is taken. The waiting period will be lifted automatically after 300 days from the date of finalisation of the divorce decision. If the divorced woman does not want to wait for this period. She should get a decision from the court. By filing a lawsuit for the lifting of the period of iddat. The woman who wants to lift the period of iddat must prove. That she is not pregnant with a medical report. The waiting period will be lifted when the court decides that the period of iddat is lifted in the relevant case.
The woman who requests the lifting of the waiting period. Can file this lawsuit directly by herself or by obtaining legal support from a lawyer specialised in this matter. It is of great importance that the lawsuit for the lifting of the waiting period is carried. But by an expert lawyer with technical legal knowledge in order to conclude the case quickly.
WHO ARE THE PARTIES TO THE LAWSUIT FOR THE CANCELLATION OF THE PERIOD OF MENSTRUATION?
The lawsuit for the abolition of the period of menstruation. Must be filed by the woman requesting the abolition of the period without a defendant.
HOW TO PREPARE THE LAWSUIT PETITION FOR THE ABOLITION OF THE MENSTRUAL PERIOD?
The court in charge of the lawsuit. To be filed for the lifting of the menstrual period is the family court. In places where there is no family court. The civil courts of first instance are in charge as a family court. The competent court in the case of the abolition of the period of probation. Will be the court of the woman’s settlement.
The person who wants to abolish. The period of the menstrual period will be able to file this lawsuit. With a petition addressed to the family court without showing a defendant party.
WHAT ARE THE RESULTS OF THE LAWSUIT FOR THE LIFTING OF THE PERIOD OF MENSTRUATION?
If it is understood that the plaintiff. Woman is not pregnant in accordance with the health report received. By the court as a result of the case for the abolition of the period of abortion. The court will abolish the period of abortion/waiting period and the plaintiff. Will be able to remarry with the finalisation of the judgement.
HOW LONG DOES THE CASE FOR LIFTING THE PERIOD OF IDDAT LAST?
The duration of the proceedings for the lifting of the period of abstinence. May vary according to the intensity of the court and the scope of the file. The Ministry of Justice has set target periods in the judiciary. These periods are determined in accordance. With the subject and nature of the case, and the Appeal and Supreme Court stages. Are not considered within this period. When practical applications are considered;
Petitions must be full and complete
Processes such as the provision of a health. Report vary according to the content of the case.
When we look at the general averages, it can be said that the cases for the lifting. Of the duration of the period of abstinence are concluded between 2 weeks and 2 months on average.
However, the finalisation of a case in the shortest time is directly related to the close follow-up of the case. A good file follow-up prevents unnecessary prolongation of the case.
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