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Turkish court rules contact with ex-spouse as grounds for divorce

Turkish court rules contact with ex-spouse as grounds for divorce Court ruling. (Adobe Stock Photo)
By Enes Berna Kilic
Jan 15, 2025 5:45 PM

An Ankara court has ruled that frequent contact with a former spouse constitutes grounds for divorce, ordering the husband to pay 100,000 ($2,819) in damages to his wife. The decision was upheld by the appellate court, citing trust violations as the primary reason.

The case

In a divorce case filed by retired teacher Fatma B. against her geologist husband Mesut B., the Ankara 12th Family Court found Mesut guilty of severe misconduct. Fatma alleged that her husband maintained frequent contact with his ex-wife, both in person and over the phone, and even went on vacations with her. These claims were substantiated by evidence, including hotel records, bank transfers, and witness testimonies.

The court concluded that Mesut’s actions undermined the foundation of the marriage. Along with granting the divorce, the court awarded Fatma ₺100,000 in compensation, determining that Mesut’s behavior constituted a serious breach of marital obligations.

Appeals court confirms decision

Mesut B. appealed the ruling, but the Second Civil Chamber of the Ankara Regional Court of Justice upheld the lower court’s decision. The appellate court stated that all relevant evidence had been collected and evaluated correctly, with no errors in judgment. The court noted that Mesut’s repeated contact with his ex-wife, including financial transactions and clandestine vacations, amounted to “trust-destroying behavior.”

The decision reinforced the principle that maintaining a marriage requires mutual respect and adherence to marital commitments, both of which were found lacking in this case.

Turkish court rules contact with ex-spouse as grounds for divorce
Ankara Court House (Photo: IHA)

Evidence behind the ruling

Fatma B.’s lawyer, Senem Yilmazel, outlined the evidence that led to the court’s verdict. She emphasized that her client’s husband had violated the marital duty of fidelity by frequently interacting with his ex-wife. Call records revealed that Mesut frequently communicated with his ex-wife over the phone, while financial documentation confirmed regular monetary transfers to her account.

Additionally, hotel records established that Mesut and his ex-wife went on trips together, which he reportedly disguised as work-related travel. Witness testimonies further corroborated these findings, attesting to the frequency of Mesut’s interactions with his former spouse. This body of evidence left little room for doubt and was instrumental in the court’s ruling.

The ruling highlights the legal and ethical standards surrounding marital fidelity in Türkiye. It underscores that any behavior perceived as undermining trust within a marriage can serve as grounds for legal separation and financial compensation.

Last Updated:  Jan 15, 2025 6:03 PM