What Is Separation?
Separation is a concept introduced to the legal system by Catholic law as an alternative to divorce. It is considered in countries where divorce is not possible as a result of the characteristics of the Catholic religion. With the separation decision, the marriage is not terminated, but the spouses are allowed to live separately.
TMK MD 170: If the reason for divorce is proved in the divorce or separation case, the judge decides on divorce or separation. However, if the plaintiff spouse requests separation, the judge cannot decide for divorce. If the case is related to divorce, separation may be decided only if there is a possibility of re-establishment of common life.
TMK MD 171: Separation can be decided for a period of 1 year to 3 years. This period starts to run with the finalisation of the separation. (Minimum 1 year and maximum 3 years) Since the separation decision does not end the marriage, the responsibilities of the spouses arising from the marriage union continue.
TMK MD 172: When the period ends, the separation ends automatically. If the common life cannot be re-established, each of the spouses may file for divorce. While regulating the consequences of divorce, the events proved in the first case and the situations that emerged during the separation period are taken into consideration.
*Separation decision and TMK MD 166/4 should not be confused. TMK 166/4=if a divorce case is filed for any reason and it is rejected, it is obligatory for the judge to make a divorce decision when the common life cannot be established for 3 years and a divorce case is filed again.
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