Grounds for Divorce under Turkish Law

Marriage is an institution established by couples with the intention of building a long-term shared life. While it carries different historical and cultural roots across societies, it is also recognized and protected under Turkish civil law. Although one of the main purposes of marriage is to create a stable and long-lasting union, in time, couples may wish or need to end this institution for various reasons.

One of the most significant ways to end a marriage is divorce. Divorce is regulated under Articles 161 and the following provisions of the Turkish Civil Code (Law No. 4721).

For a divorce to be granted, specific grounds must exist. These grounds are categorized into special grounds and general grounds. Special grounds include adultery, attempted murder, severe abuse or humiliation, abandonment, committing a disgraceful crime, leading a dishonorable life, and mental illness. General grounds, on the other hand, include the breakdown of the marital union, consensual divorce, and the impossibility of reestablishing shared life.

In this article, prepared by Bayraktar Attorneys, we will examine the legally recognized grounds for divorce under Turkish law, their conditions of applicability, and how they are applied in practice, considering statutes, case law, and academic commentary.

Part One: Grounds for Divorce and General Evaluation of the Divorce System in Türkiye

In any marriage, spouses owe one another reciprocal obligations and mutual expectations. Over time, failure to fulfill these obligations or the occurrence of certain circumstances may bring the matter of divorce into question.

I. Systems of Divorce Law

Across the world, divorce has historically been subject to different systems. Some countries prohibit divorce entirely due to religious or cultural reasons, while others adopt a system of absolute freedom to divorce.

In Türkiye, however, the current legal framework provides a balanced approach: divorce is permitted but only on certain grounds and subject to a judge’s decision. Judges evaluate whether the statutory grounds exist and, based on the circumstances of the case, decide whether divorce should be granted.

A divorce judgment has an absolute effect, as it annuls the marriage for the future and is binding on everyone.

In addition to ending the marital union, divorce in Türkiye also entails various legal consequences. For example, certain obligations may continue even after divorce, such as alimony, or special conditions may apply, such as the waiting period (known as iddet müddeti) imposed on women before remarrying. These rules aim to protect the family institution and particularly to safeguard children.

II. Overview of Divorce Grounds under Turkish Law

Divorce is regulated in Book Two of the Turkish Civil Code, titled Family Law. Articles 161 to 184 cover the grounds for divorce, their consequences, procedures, and related issues such as child custody, alimony, and property division.

The law lists adultery, attempted murder or serious abuse, disgraceful conduct, abandonment, mental illness, and the breakdown of the marital union as grounds for divorce.

Although the law does not classify these grounds as general or special, or absolute or relative, court decisions and legal doctrine have clarified these distinctions.

1. General and Special Grounds

• General Grounds: Typically involve the breakdown of the marital union.

• Special Grounds: Refer to explicitly enumerated acts, such as adultery or abandonment.

2. Absolute and Relative Grounds

• Absolute Grounds: The judge may grant a divorce solely based on the event without further consideration (e.g., adultery).

• Relative Grounds: The judge must also consider the effect of the act on the marital union (e.g., the breakdown of the union).

Part Two: General Grounds for Divorce

General grounds are listed in Article 166 of the Turkish Civil Code. They are:

• The breakdown of the marital union,

• Consensual divorce,

• The impossibility of reestablishing shared life.

While consensual divorce and the impossibility of restoring shared life are absolute grounds, the breakdown of the marital union is a relative ground, granting the judge broader discretion.

I. Absolute General Grounds

A. Consensual Divorce

Article 166/3 of the Civil Code regulates consensual divorce as an expression of free will. Here, spouses mutually agree to end their marriage and present this to the court.

• Conditions:

  • The marriage must have lasted at least one year.

  • Both spouses must appear personally before the judge.

  • They must agree on the financial consequences of divorceand the arrangements for children, subject to the court’s approval.

In these cases, fault is not examined. The spouses’ mutual will is sufficient, provided the court deems the arrangements fair and appropriate.

B. Impossibility of Reestablishing Shared Life

Regulated under Article 166/4, this applies when:

• A prior divorce case based on other grounds was dismissed,

• Three years have passed since that judgment became final,

• And the spouses have still not reestablished a shared life.

The judge may then grant a divorce, recognizing that maintaining the marriage is neither possible nor beneficial for the spouses or society.

II. Relative General Grounds

A. Breakdown of the Marital Union

This is the most flexible and widely applied ground. It applies when spouses can no longer sustain their marriage due to irreconcilable differences.

Examples include:

• Emotional neglect,

• Refusal of marital intimacy,

• Domestic violence (physical, emotional, or economic),

• Addiction (alcohol, drugs, gambling),

• Failure to provide financial or emotional support.

The court examines the specific facts to determine whether the union has become intolerable. Importantly, even the spouse at fault may file for divorce, though the other spouse’s defense plays a crucial role.

Part Three: Special Grounds for Divorce

Special grounds are explicitly listed in the Civil Code:

• Adultery

• Attempted murder, severe abuse, or humiliation

• Abandonment

• Committing a disgraceful crime

• Living a dishonorable life

• Mental illness

I. Absolute Special Grounds

A. Adultery

Adultery constitutes a violation of the duty of fidelity. It involves any form of extramarital sexual relationship, regardless of the partner’s gender.

• Conditions:

  • A valid marriage must exist.

  • The act must be intentional.

  • The claim must be filed within six months of learningabout the act and no later than five yearsfrom its occurrence.

  • Forgiveness nullifies the right to sue.

Courts have recognized both heterosexual and homosexual extramarital relationships as adultery.

B. Attempted Murder, Severe Abuse, or Humiliation

Under Article 162, these acts justify divorce:

• Attempted murderincludes any attempt to take a spouse’s life.

• Severe abuseinvolves physical violence.

• Humiliationcovers serious insults that severely damage the spouse’s dignity.

These are absolute grounds. Once proven, the judge grants a divorce without further inquiry into the impact on the marital union.

C. Abandonment

Under Article 164, abandonment occurs when one spouse deliberately leaves the marital home and does not return without just cause.

• Must last at least six months,

• A formal warning (usually by notary) must be issued after four months,

• If the spouse does not return within two months of the warning, the other spouse may file for divorce.

D. Effect of Adultery and Attempted Murder on Property Division

According to Article 236/2, in cases of divorce due to adultery or attempted murder, the judge may reduce or completely eliminate the guilty spouse’s share of marital property.

II. Relative Special Grounds

A. Committing a Disgraceful Crime or Leading a Dishonorable Life

Regulated under Article 163, these grounds involve conduct that society deems disgraceful.

• The crime need not be committed against the spouse.

• The dishonorable life must be a pattern of conduct, such as habitual prostitution, gambling, alcoholism, or drug addiction.

The court evaluates the conduct’s impact on the marriage and societal perception.

B. Mental Illness

Under Article 165, if one spouse suffers from a mental illness that:

• Is incurableaccording to a medical board report, and

• Makes marital life intolerablefor the other spouse,

then divorce may be granted.

Conclusion

Although marriages are intended to establish long-lasting partnerships, they may end due to various circumstances. Divorce, while often difficult, can be the healthiest solution for spouses, children, and families.

The Turkish Civil Code balances individual will with the protection of the family institution, sometimes granting broad discretion to judges and other times setting strict conditions.

At Bayraktar Attorneys, we guide our clients through every stage of the divorce process in Türkiye. From determining the applicable grounds and preparing the necessary evidence to representing clients in court, our goal is to safeguard their rights and ensure a fair outcome in line with Turkish law.