Divorce Case On The Grounds Of Severe Incompatibility
WHAT IS SEVERE INCOMPATIBILITY (SHAKING THE MARRIAGE UNION FROM ITS FOUNDATIONS)?
Severe incompatibility or shaking of the marriage union from its foundation is among the grounds for divorce. In the old Civil Code, the name of this reason for divorce was severe incompatibility. With the New Civil Code, the name of this reason for divorce has been changed as shaking the marriage union from its foundation. Severe incompatibility means that the continuation of the marriage union has become unbearable for one or both of the spouses and its continuation is not possible. If the continuation of the marriage is not beneficial for the parties or joint children, the parties may file for divorce due to severe incompatibility.
Although severe incompatibility is listed as a general reason for divorce in the law, it is not specified which behaviours constitute severe incompatibility. In this regard, the judge will evaluate the situation according to the characteristics of the concrete case during the divorce case and will consider the claims and defences presented by the parties before the court and will decide whether the marriage union has been shaken from its foundations. If the allegations presented before the court do not form the opinion of the judge that the marriage union has been shaken from its foundation, the divorce case for severe incompatibility will be rejected.
WHAT ARE THE BEHAVIOURS THAT SHAKE THE MARRIAGE UNION FROM ITS FOUNDATIONS (CAUSING SEVERE INCOMPATIBILITY)?
Breaking the marriage union from its foundation is listed as a general reason for divorce in the Turkish Civil Code, but the behaviours that will cause this are not listed one by one. These behaviours may vary according to the characteristics of the concrete case, customs and traditions. For this reason, which behaviours fundamentally shake the unity of marriage is shaped by the decisions of the Court of Cassation. According to the jurisprudence of the Court of Cassation, the following behaviours can be given as examples of behaviours that undermine the marriage union.
-Making fun of the wife’s appearance
-Demeaning the spouse in public
-Violence against the spouse, persecution
-Failure to fulfil the responsibilities arising from the marriage union
-Behaviour that undermines trust
-Constant insult towards the spouse
-Husband’s constant use of alcohol and causing unrest in the house. These are only examples and many reasons can be added. Therefore, the important issue in the divorce case based on the reason of shaking the marriage union from its foundation is whether the common life has become unbearable.
WHAT ARE THE EVENTS THAT CAUSE VIOLENT INCOMPATIBILITY?
As we mentioned before, the events that cause severe incompatibility are not listed one by one in the Civil Code. However, the events that are most frequently reflected in the jurisprudence of the Court of Cassation and that we encounter most frequently in our professional life are briefly explained below.
FORCED SEXUAL INTERCOURSE:
Forced sexual intercourse is a ground for divorce. Having sexual intercourse by force of one of the parties in marriage or having sexual intercourse in a way that one party does not want is considered as sexual violence. Sexual violence against the spouse is a reason for divorce that shakes the marriage union from its foundation. In addition, forced sexual intercourse also constitutes the offence of sexual assault in the Turkish Penal Code and results in imprisonment for the forcing spouse.
DISCLOSURE OF INTIMATE MATTERS:
Disclosure of intimate matters, i.e. telling them to third parties, is a reason for divorce. The Court of Cassation has accepted the disclosure of intimate matters to the elders of the family as a fault and stated that it is a reason for divorce. Disclosure of intimate matters to third parties constitutes humiliating behaviour for the other spouse.
EXCESSIVE DEBT
Excessive borrowing is one of the common reasons for divorce. When one of the spouses incurs excessive debt without considering the family economy and puts his/her family in a difficult situation, it is considered as economic violence and is considered as a reason for divorce that shakes the unity of marriage from its foundation.
SOCIAL MEDIA (FACEBOOK, INSTAGRAM, TWITTER) ADDICTION:
Social media addiction is one of the most common reasons for divorce recently. If one of the spouses spends too much time on social media sites and neglects his/her spouse and children and this situation makes the common life unbearable, it may be a reason for divorce.
GOSSIPING ABOUT THE SPOUSE AND HUMILIATING THE SPOUSE IN FRONT OF THE SOCIETY:
Gossiping about the spouse and humiliating the spouse in front of the society is a reason for divorce. Making fun of the spouse for being too overweight or too thin, constantly insulting the spouse can be given as examples.
BAD BREATH, FOOT ODOUR AND SWEAT SMELL:
According to the jurisprudence of the Court of Cassation, bad breath, foot odour and sweat may constitute a reason for divorce. One of the spouses constantly smelling sweat in a way to disturb the other spouse, the presence of bad breath and foot odour are considered as a reason for divorce. However, the most important thing here is whether the cause of the odour is caused by a disease, whether there is a treatment for the disease, and whether the spouse looks favourably to this treatment.
CONSTANT UNAUTHORISED TAPPING OF THE SPOUSE’S PHONE:
Continuous unauthorised tapping of the spouse’s phone constitutes a reason for divorce. This behaviour may also constitute a crime of violation of privacy in the sense of the Turkish Penal Code.
EXCESSIVE JEALOUSY
In case of excessive jealousy within the marriage union, the spouse who is the victim of this situation may request a divorce decision by proving the excessive jealousy before the court. The most important point here is that the jealousy makes the common life unbearable.
PHYSICAL, PSYCHOLOGICAL OR ECONOMIC VIOLENCE AGAINST THE SPOUSE:
Physical, psychological and economic violence against the spouse is a reason for divorce. Physical violence and beating of one of the spouses against the other shakes the union of marriage from its foundations. The spouse who is subjected to physical violence and beating should first obtain a battering report from the hospital to document this situation.
Mistreating, insulting, offending the spouse constitutes psychological violence and is a reason for divorce. In addition, not giving the money earned to the other spouse, disrupting the financial needs of the family and the house, not giving allowance to the spouse are the events that cause economic violence and cause divorce by shaking the marriage union from its foundation.
You can access our other article examples and petition examples by clicking here.