Precedent Decision from the Constitutional Court on Indefinite Alimony: To Avoid Legal Gap 9 Month Granted
Constitutional Court (Constitutional Court), signed a critical decision regarding the practice of indefinite poverty alimony, which has been discussed for a long time in family law.. Supreme Court, Turkish Civil Code 175. contained in the article “indefinitely” found the phrase unconstitutional and annulled it by majority vote..
Application Came from Antalya
Historical decision process, Antalya 12. In a divorce case handled by the Family Court, It started with an application to the Constitutional Court, claiming that the relevant law article was unconstitutional.. Constitutional Court examining the application on its merits, the regulation in question is within the scope of the Constitution 2, 5 and ruled that it was incompatible with Article 17.
Reason: The Judge is Not Given Discretionary Power and Places a Disproportionate Burden
The prominent headlines in the reasoned decision published in the Official Gazette are as follows::
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Lack of Discretion: The current legal framework, It was noted that the judge does not have the authority to limit the period of alimony based on the characteristics of the concrete case or justified reasons..
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Heavy Financial Burden: Preventing spouses from falling into poverty after divorce is a legitimate aim; However, alimony should be kept categorically indefinitely without any criteria., It was stated that it imposes a disproportionate and heavy financial burden on the alimony obligor..
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The Need for Clear and Predictable Regulation: It was emphasized that the legislator should regulate the conditions that can limit the duration of alimony or ensure its continuation for life in special cases in a clear and predictable manner..
For New Arrangement 9 Month Duration
The Constitutional Court considered that the immediate entry into force of the decision would create a legal gap and violate the public interest., After the cancellation provision is published in the Official Gazette 9 It was decided that it would come into force in the next month.. This 9 The Turkish Grand National Assembly is expected to make a new legal regulation regarding the alimony system within the next month..
