The lawsuit for the annulment of marriage is regulated under Articles 145 to 160 of the Turkish Civil Code (TCC) No. 4721. The difference between annulment and divorce is as follows: In an annulment, it is claimed that the marriage contract was not executed in accordance with the legal procedures, thus the marriage is invalid (geçersiz). In a divorce, it is claimed that a validly established marriage has become unsustainable due to the fault of the other party. According to the TCC, a marriage primarily ends through:
Filing a divorce lawsuit,
Death of one of the spouses,
A presumption of death (gaiplik) decision regarding a spouse who went missing under life-threatening circumstances or has not been heard from for a long time,
Annulment of the marriage due to invalidity.
Conditions for Annulment Due to Invalidity
Even if a marriage is performed before an official officer, a lawsuit for annulment can be filed if grounds for invalidity exist. Invalidity can be asserted based on two main grounds: Absolute Nullity (Mutlak Butlan) and Relative Nullity (Nisbi Butlan).
1. Grounds for Absolute Nullity (Mutlak Butlan):
One of the spouses being already married at the time of the wedding,
One of the spouses being permanently deprived of the power of discernment (ayırt etme gücü) at the time of the wedding,
Existence of a mental illness to a degree that prevents marriage,
Existence of consanguinity (kinship) between the spouses to a degree that prohibits marriage.
2. Grounds for Relative Nullity (Nisbi Butlan):
Temporary deprivation of the power of discernment,
Mistake (Yanılma / Hata),
Deception (Aldatma / Hile),
Duress (Korkutma / İkrah).
Who Can File for Annulment?
In cases of absolute nullity, the lawsuit can be filed by the public prosecutor, interested parties, or the spouses. In cases of relative nullity, the lawsuit can only be filed by the spouses and, in certain situations, their legal representatives.
Statutory Periods for Annulment
Absolute Nullity: The TCC does not provide a forfeiture period (hak düşürücü süre) for absolute nullity. A lawsuit can be filed at any stage as long as the marriage continues. In some cases (e.g., death), interested parties may file even after the marriage has ended.
Relative Nullity: The TCC prescribes a six-month and a five-year forfeiture period. The right to file based on relative nullity expires six months after the ground is discovered or the effect of fear ceases, and in any case, five years after the marriage was performed.