The Constitutional Court held a decision regarding article 175
of the Turkish Civil Code entitled "Maintenance" which
states that if one of the spouses is likely to fall into poverty by
reason of the divorce, he/she may ask for maintenance from the
other party "for an indefinite period", provided that the
other party is financially able to do so and is more at fault than
the other spouse.
Bursa Family Court of First Instance brought article 175 of the
Turkish Civil Code before the Constitutional Court, alleging that
the statement "for an indefinite period" in the article
violates the rule of law principle set out in article 2 of Turkish
Constitution, the equality before the law provided in article 10,
and equality between the spouses within the family, as required by
The Court indicated that there is no violation of the rule of
law principle in the aforementioned article of the Turkish Civil
Code, because of the fact that, the statement "for an
indefinite period" does not mean that the spouse will always
have to pay maintenance. The statement "for an indefinite
period" is only meant to provide economic support to the
spouse and help him/her to maintain a minimum standard of living
after the divorce as long as the conditions stated in the article
are met. The Court also stated that this obligation is based on the
principle of social state of law. The court also illustrates that
the idea of the social solidarity and the moral values form the
basis of this rule.
The Constitutional Court also dismisses the alleged violation of
the articles 10 and 41.
The Constitutional Court decided by majority of votes that there
is no violation of the Constitution and dismissed the case, whereby
one member of the Court provided a dissenting opinion.
(Constitutional Court decision E.2011/136, K.2012/72,
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Family law is easily misunderstood and its realities can get in the way of a good storyline; nobody really wants to watch reasonable and calm lawyers helping parties negotiate sensible solutions in an amicable way.
"The Family Code of Ukraine of 10 January 2002 No. 2947-III" (effective since 2004) ("Family Code"), sets out the basic principles and regulations of property relations of spouses, including civil agreements, which may be entered into by and between spouses.
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