CAN ALIMONY BE ENFORCED BEFORE FINALISATION?
At the end of an independent alimony case, the decree issued by the local court can be enforced before it is finalised. However, the poverty and subsidiary alimony requested within the divorce case cannot be enforced before the divorce decision is finalised.
As you can see, there is a distinction to be considered. While enforcement before finalisation is possible in an independent alimony case, enforcement before finalisation is not possible in alimony requests seen together with the divorce.
Pursuant to Article 443/4 of the Code of Civil Procedure (Article 367/2 of the Code of Civil Procedure), which should be applied pursuant to the Provisional Article 3 of the CCP, although the judgements related to family and personal law cannot be subject to enforcement until they are finalised, the judgements related to alimony do not need to be finalised in order to be enforced. In addition, the appeal of a judgement on alimony will not stop the execution of the judgement, and the Court of Cassation cannot decide to stop the execution of an alimony judgement (even in return for collateral). (B.Kuru.Execution and Bankruptcy Law Handbook January 2006, Istanbul, p.791) The acceptance of the contrary situation would be incompatible with the type of alimony and the reason for its issuance.”
“Pursuant to Article 367/1 of the CCP; although the finalisation of the judgement is not required for the injunction alimony, the finalisation of the divorce judgement is mandatory in order to request poverty and alimony for participation. Since it is understood that the divorce was registered in the population record attached to the proceeding in accordance with the finalisation decree of Kayseri 2nd Family Court numbered 2008/1234 E. 2011/913 K. dated 29.12.2011, in the face of this situation, the divorce decree should be accepted as finalised and the request should be rejected, but it is inappropriate to establish a judgement to cancel the proceeding with written justification.”
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