Material and moral compensation in divorce

Our legal system, along with divorce, provides the parties with the right to claim compensation. For; Article 17 of the Turkish Civil Code clarifies this point.

Material and moral compensation

Article 174 – The flawed or less flawed party whose present or expected interests have been damaged by divorce may seek appropriate financial compensation from the defective party.

The party whose personal rights are being attacked because of the events that caused the divorce, may demand the payment of an appropriate amount in respect of non-pecuniary damage.

The law requires a number of conditions in order to request financial compensation. Accordingly, in order for the parties to seek financial compensation;

a) Judge must decide to divorce.

The judge must give a divorce. The judge does not have the right to ask for compensation in the event of separation or divorce.

b) The party requesting compensation must be improper or less flawed.

c) The person whose compensation is required should be defective.

One of the most important elements of demanding compensation is the defect in the case of divorce is the most important element of compensation.

d) Loss should occur.

e) The parties are required to seek compensation. So it is a must to be in demand.

In order for the law to be requested for non-pecuniary damage;

a) Judge must decide to divorce.

b) The party requesting compensation must be improper or less flawed.

c) The person whose compensation is required should be defective.

d) The flawed party’s personal rights have been attacked.

e) Demand requirement.

What is the Pay for Compensation?
Compensation can be paid in the form of wholesale or in accordance with the requirements of the situation. But; It cannot be decided to pay in the form of a non-pecuniary indemnity. The pecuniary compensation, which is decided to be paid in the form of wages, shall be automatically terminated upon the remuneration of the creditor or the death of one of the parties. The life of the creditor to live as if he was married without being married, is removed by the court decision in case the deprivation of poverty or life is left ungodly.

When will compensation be requested?
The claim for material and non-pecuniary damages shall be lodged within a period of one year from the date of the divorce proceedings or by filing a separate case.