14 - Divorce, the parental concern, obligation to pay alimony, compensation

a) with Turk the marriage of closed marriage partners or one the same foreign nationality possessing marriage partner, as well as one the different foreign nationality possessing marriage partner without it to beruechsichtigen, where the marriage was closed, can raise the divorce petition with the Turkish courts. If one of the parties carries the Turkish nationality with the divorce petition, the judgement is issued in accordance with the valid Turkish regulations. If one raises the same nationality possessing foreign parties with a Turkish court a divorce petition, the Turkish court may lead this complaint under the prerequisite that the other partner no contradiction raises is submitted a log over the competence of the Turkish court or concerning the agreement of the parties over the competence of the Turkish court.

For the divorce petition the different nationalities possessing parties is the right of the place, where the parties are resident, to apply. If this right is missing, the Turkish right is used.

After the Turkish right the divorce petition can be raised because of five reasons. Adultery, life adjustment and abusing, hiring of the common dwelling to commit the crime and Unehrenhaftlichkeit, as well as the incurable disorder of the marriage form for reasons of the divorce petition. The divorce petitions raised because of other reasons are not to be assumed. However causes of divorce of the judge examined and there the judge the cause of divorce for keeps being enough, then the divorce petition is assumed. In the case of the insufficient Sceidungsgrund the complaint is to be refused. The law with the number 3444 has over it a small

Modification intended: If the parties indicate that for longer than one year lasted marriages their will over the divorce before court and if the court cordial specification it calls their will the court takes under the prerequisite that the parties are over the financial effects of the divorce and over the parental concern united to consider and without it whether causes of divorce available and sufficient is, the divorce petition on. It was designated by this modification the fact that the agreement of the parties over the divorce for it is being enough that the marriage is incurably wrecked and like that is the complaint to assume.

b) the judge must decide apart from the divorce also on the parental concern and maintenance of the children under age. The right of the parental concern a basic party can decide on the education, formation and future of the common children alone. With the official business the only signature is going the parental force an exercising party. The judge must recognize the other party, which does not carry parental force, after actual realities the right that this party comes in the determined days of the month with the common children into contact. The judge considers the financial and social position of the parties, the age with the decision over the parental force and sex of the common children, the desire and the formation and zukuenftliches life of the common children. However has the nut/mother 7. Lebensjahr did not complete child, who is dependent the nut/mother, with the decision over the parental concern the priority. The judge has only evaluation to this thing. In the future a complaint can for the modification of the parental concern under the prerequisite that it is to be proven that the Bediengungen available with the led complaint is modified, is raised. c) by the collection of the divorce petition can live the parties separately. In this case the judge can arrange a decision over the fact that the married man up to the end of the divorce petition monthly maintenance, which serves the covering of the normal outputs of the nut/mother, is to be paid. In the case of the heavy debt and the good financial position of the married man lifelong maintenance can be arranged during the divorce.

The judge evaluates the height the maintenance in hold back-eats from the economic position and monthly income of the parties, the public economic structure and the worker of the parties. The parties can require material and mental compensation with the divorce complaint (also in the case of the dissolution engagement).

d) with the complaints over maintenance is to be applied the national right of the guilty one. With the complaints about the parental concern the right, to which the divorce is subject, is used.

Hacı Ali Özhan
hacialiozhan@mynet.com
Not:German-Deustch:PRAKTİSCHER HANDBUCH FÜR DİE AUSLÄNDER ....Ausläderrecht- 1.Einführng 2.allgemeiner Blick auf das türkischen Rechtssystem 3.Burgerrecht 4.Das Klagerecht und die an der Klage zu leistende Sicherung des Ausländers 5.Die Anerkennung der gerichtlichen und schiedsrichterlichen Entscheidungen 6.PERSONENRECHT 7.Yabancının taşınmaz edinmesi 8.Dernek, Sendika ve Sosyal güvenlik 9.ERZIEHUNGSRECHT 10.HANDELSRECHT 11.Joint Venture Vertrag 12-Europavertrag und individuelles Antragsrecht 13-Die Eheschliessung, das Verlöbnis, Die Abstammung 14-Ehescheidung, Die elterliche Sorge, Unterhaltspflicht, Schadenersatz 15-Strafrecht

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