23.03.2021
The marriage union established with positive hopes may end due to some reasons...
Divorce and Property Sharing
Divorce and Property Sharing Cases
The marriage union established with positive hopes may end due to some reasons. Individuals who cannot continue the marriage union can open a divorce case by agreement or in conflict, and formally part ways. Individuals who make a decision to divorce are curious about the issues related to divorce and property sharing cases and look for the answer to how they can open a divorce case.
Divorce Cases
Divorce, just like marriage, is a process carried out in accordance with the procedures specified in the law and by the legal authorities. The divorce case is filed by applying to the competent court with a divorce petition that includes the reason for divorce.
1. Contracted Divorce Case
The parties to the marriage must state that they want to divorce and express their common will for divorce. For the agreed divorce case, individuals prepare a protocol and state that they agree on the legal and financial consequences of the divorce. The duration of the contracted divorce case to be filed in the Family Court is much shorter than the contested divorce case.
2. Conflicted Divorce Case
Controversial divorce is the type of divorce where there is no consensus unlike the agreed divorce, that is, both sides do not consent to the divorce decision. Individuals prepare their petitions for the contentious divorce case and apply to the Family Court, which is the competent court. Controversial divorce also deals with many issues, including the legal and economic consequences of divorce. In this respect, the duration of contested divorce takes much longer than the agreed divorce.
Property Sharing Lawsuits
Another issue that couples who want to end their marriage union wonder is how to share property. In the sharing of goods, the division will be realized by taking into account the provisions stipulated in the law. In accordance with the Turkish Civil Code, while the regime of joining the property acquired in marriages after 01.01.2002 is applied, property sharing will be realized in accordance with the property separation regime in marriages before 01.01.2002.
Which Goods Are Subject to Goods Sharing?
According to the article 219 of the Turkish Civil Code, the goods that can be subject to property sharing are determined. These goods are:
- Acts obtained in return for work,
- Fund payments established for the purpose of helping personnel together with the payments made by social security or social aid organizations,
- Compensation paid due to loss of working power,
- Income from personal property
- Values counted instead of acquired goods.
Meta Tag: It is a guiding article about divorce case and divorce case types as well as property sharing cases.
