Loyalty obligation in divorce processes no longer required

ISTANBUL

With the precedent decision made by the Supreme Court, spouses will no longer have to fulfill loyalty obligations toward each other during divorce proceedings.

Ali Kızılay, a lawyer, stated that in cases filed based on special and general reasons for divorce, especially in terms of the annexes of the divorce, the legal remedy of appeal was taken.

Kızılay said that with this decision given by the Supreme Court, many problems in the protracted process due to the divorced spouses not finalizing the decision were eliminated.

“This decision means that the spouses can reestablish a life, and the restrictions they have experienced within the framework of the obligation of loyalty will be removed. Generally, this protraction in divorce cases leads to major problems such as the inability of the spouses to establish a new life for a couple of years due to the divorces not being finalized and not being able to socialize freely.”

Kızılay said that the decision indicates that the spouses’ obligation of loyalty does not continue if both of the parties have not appealed the divorce decision rendered by the court.

“However, these decisions will still not be easy to understand and interpret. In order to solve the ongoing problems, it is necessary to clearly regulate these regulations in the relevant articles,” Kızılay added.