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The Waiting Period Condition For Remarriage

The iddah period, or waiting period, is the three-hundred-day period that a divorced woman must wait according to the Turkish Civil Code before remarrying.

It is a condition that the legislator has set in order to prevent any confusion that may arise in determining the father of the child to be born, taking into account the possibility that the parties may have had sexual intercourse before the divorce is finalized. This period, which arises from the presumption of paternity based on the fact that the father of the child who will be born within the three hundred day period determined as the maximum gestational period will be the divorced husband, is considered an imprecise marriage barrier and does not cause the annulment of the marriage if a woman marries during this period. If the woman proves that she is not pregnant or remarries her divorced spouse, this period condition is not required. For men, there are no such restrictions on being able to remarry after a divorce.

TMK No. 4721, 132. it contains a provision related to the waiting period after divorce in its article. According to the article in question, after the divorce is carried out, the woman must wait three hundred days before she can remarry. The period of time that a woman must wait is called the waiting period in the law. It is also known as the waiting period for a new marriage after divorce.

If it is desired to marry before this period is expected, the woman must file a lawsuit in the family court for the abolition of the waiting period. With this case, the court sends the woman to the hospital and asks for a report that documents whether she is pregnant. If there is no pregnancy, the court may remove this period for a new marriage.

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