Historical Decision from the Constitutional Court: Indefinite Alimony Arrangement Has Been Canceled
Constitutional Court (Constitutional Court), It has been a matter of debate in Turkey for many years “indefinite alimony” signed a very important decision regarding the implementation of. Supreme Court, Poverty alimony in the Turkish Civil Code “indefinite” canceled the provision that it could be.
Process Starting from Antalya
Antalya 12. Family Court, 4721 Turkish Civil Code no. (TMK) 175. poverty alimony in the article “may be requested indefinitely” He applied to the Constitutional Court for annulment on the grounds that the phrase was unconstitutional.. The Constitutional Court, which discussed the application on its merits in today's General Assembly agenda, decided to cancel the regulation by majority vote.
For Enforcement 9 Months Given
Supreme Court, In order not to create a legal gap in the immediate entry into force of the annulment provision., publication of the decision in the official gazette 9 ruled that it would come into force one month later. During this period, the Grand National Assembly of Türkiye (Turkish Grand National Assembly) It is expected to make a new legal regulation regarding the duration of alimony.. The reasoned explanation of the decision will be published in the coming days..
Cancelled TMK Article 175 what was it?
“The party that will fall into poverty due to divorce, Provided that the fault is not more serious, he may request alimony from the other party indefinitely, in proportion to his financial capacity, for his living.. The fault of the alimony obligor is not sought.”
