Petition For Divorce On The Grounds That The Marriage Union Is Fundamentally Shaken
-SAMPLE PETITION-
ANKARA FAMILY COURT ON DUTY ( )
DEFENDANT :
PROVOCATE :
ADDRESS :
TELEPHONE :
DEFENDANT :
T.SUBJECT :
It consists of the submission of our lawsuit petition.
OUR EXPLANATIONS
Client A….. B…. and the defendant C….. B…. were married on 01.01.2010 and have two children, X and Y, from this marriage.
From the very beginning of the marriage, there were problems between the defendant and the client from time to time, all of which were caused by the defendant’s misconduct, but these problems became more frequent after the birth of the joint child. In addition to these continuous behaviours of the defendant, the events that we will explain in detail below have caused the marriage union to be shaken from its foundations; it has become impossible to expect the parties to maintain a common life. The chronological order of these events took place as described below:
CHRONOLOGICAL ORDER OF EVENTS
1- On 01.04.2017, the defendant insulted and assaulted the plaintiff client in front of his neighbours C and D (witness statements are important in this regard)
2- On 02.06.2018, the defendant was insulted by the defendant in the presence of his mother and father, after his parents went home, the defendant was beaten by the defendant, the plaintiff client went to the police station and complained to the police station, received a battering report and had a protection order issued (in this regard, witness statements, law enforcement complaint document, hospital report and protection order are requested to be subpoenaed by your Court).
3- The defendant also insulted and used violence against the common children and battered the common child in front of the apartment where our residence is located. (In this regard, the testimonies of E and F, the neighbours who witnessed the incident, and the record of the camera recording the apartment door are requested to be subpoenaed by your Court from the apartment management).
4- On 01.12.2019, the defendant corresponded with a woman named Y on social media, then ……. (In this regard, social media correspondence is attached and your Court is requested to subpoena the hotel records that they spent the night together).
THE RELEVANT ARTICLE OF LAW AND ITS APPLICATION IN TERMS OF OUR CONCRETE CASE
Article 166 of the Turkish Civil Code No. 4721:
“Article 166- If the marriage union is shaken to such an extent that they cannot be expected to maintain a common life, each of the spouses may file for divorce.
In the cases specified in the paragraph above, if the fault of the plaintiff is more severe, the defendant has the right to object to the lawsuit filed. However, if this objection is in the nature of abuse of right and there is no benefit worth protecting for the defendant and children in the continuation of the marriage union, divorce may be granted.
If the marriage has lasted for at least one year, if the spouses apply together or if one spouse accepts the other spouse’s lawsuit, the marriage is deemed to have been shaken from its foundations. In this case, in order to decide on divorce, the judge must hear the parties in person and be convinced that their wills have been freely expressed and find the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the status of the children appropriate. The judge may make the changes he/she deems necessary in this agreement by taking into consideration the interests of the parties and the children. If these amendments are accepted by the parties, divorce shall be granted. In this case, the provision that the admissions of the parties shall not bind the judge shall not apply.
In the event that the lawsuit filed on any of the grounds for divorce is dismissed and three years have passed starting from the date of finalisation of this decision, if the common life cannot be re-established for whatever reason, the marriage union is deemed to be fundamentally shaken and divorce is decided upon the request of one of the spouses.”
This reason, which is regulated under Article 166 of the Turkish Civil Code, is the most commonly relied reason for divorce in practice. This reason for divorce is the most general reason for divorce and it is the reason for divorce that is mostly relied upon in cases where many reasons requiring the spouses to divorce are together over time and the problems have deepened to the extent that the spouses cannot be expected to continue the marriage.
In fact, these reasons for divorce are not listed in the law, and every conceivable reason that may come to mind, which distances the spouses from each other, which does not allow them to tolerate each other, which eliminates the desire to live together, may constitute the reason for divorce due to the shaking of the marriage union from its foundation.
Conditions for Divorce on the Grounds of Fundamentally Shaken Marriage Union
-The marriage union must be fundamentally shaken
-They (the spouses) should not be expected to maintain a common life
-The party bringing the case (the plaintiff) must not be at fault
-Other party (defendant) must not be at fault
-The breakdown of the marriage union must not harm the children and the defendant’s interests worthy of protection.
In accordance with all these explanations, the evidence presented and requested to be examined and the decisions of the Court of Cassation, it is clear that the marriage union of the parties has been shaken to the extent that the common life has been shaken from its foundations and the continuation of the union is not possible, and since all the fault is on the defendant side, we request that our lawsuit and all our demands be accepted.
OUR EXPLANATIONS REGARDING OUR REQUESTS FOR CUSTODY AND ALIMONY
We request your Court to award monthly … TL for the maintenance of the joint children in favour of each of them during the lawsuit process and for the maintenance of participation afterwards.
We request that the custody of the minor joint children, who are with the plaintiff client, be given to the plaintiff client and that a temporary custody relationship be established in favour of the plaintiff client during the lawsuit process.
The client has a fixed residence and considering the ages of the children, the schools they attend, their health problems, etc., it will be in their interests to stay with the plaintiff client. Because the defendant does not have a fixed residence and it is not even clear where he will reside yet. In addition, it is clear that the joint children will have a healthier life with the plaintiff client, their education will not be interrupted, and they will find a happy and warm family environment.
LEGAL GROUNDS :
CPC, TMK, Av. Law. and other relevant legislation
EVIDENCE :
SSI Income enquiry, Population records, GSM and social communication platform correspondence, expert report, Hotel Records, witness, discovery, oath, camera records, complaint documents, protection decision, assault report and other evidence.
We reserve the right to present evidence against the evidence presented / to be presented by the other party
CONCLUSION AND REQUEST :
For the reasons explained above and to be taken into consideration ex officio by your Honourable Court
1-Acceptance of our just lawsuit and all our demands,
2-The parties are divorced,
3- To give the custody of the minor joint children to the plaintiff client and to grant temporary custody in favour of the plaintiff client during the lawsuit process
4-For the sustenance of the joint children, in favour of each of them, an injunctive alimony during the lawsuit period and a monthly ….. TL per month for the maintenance of the joint children, and to increase this amount in the following years at the rate of increase in the Producer Price Index determined by the State Institute of Statistics or the relevant institution
5-All kinds of judgement expenses and attorney fees to be charged to the other party
We request a decision by proxy.14.08.2021
Plaintiff’s Counsel
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