17 Jan Can Get Alimony Without Divorce?
The foundation of Turkish society is family. Family provisions of the Civil Code are about keeping the marriage unity alive. The spouses have been given specific responsibilities in order to continue a peaceful family life, which is the cornerstone of a healthy society. The tasks such as the ler labor ğı concept and the economic tasks are equivalent. The spouses participate in the obligations and expenses of the marital union with their labor and assets. However, in cases where one of the spouses who are deprived of this balance becomes too much responsibility for their rights compared to the other, the spouses may take the alimony measure before the divorce case is opened, even if the spouses live in the same house, who do not fulfill their dominant responsibilities ölçü for example, they do not provide financial support.
Alimony is a condition which requires legal aid in order to support the living wife. The court of jurisdiction is family courts. The competent court is the place where one of the parties resides. If the spouses’ place of residence is different and both have requested to take measures, the court of competent jurisdiction is the court of first place. In accordance with MK 195 the spouses may request the intervention of the judge separately or together if the obligations arising from the marriage union can be fulfilled or if there is a dispute on an important issue related to the marriage union. Clearly, there must be a formal marriage. If the marriage of the imam or out of marriage together with the spouses to benefit from this provision can not make a request for alimony support. However, they will be able to request assistance under certain headings on behalf of their children, even if they are not in their favor. According to MK 196, on the request of one of the spouses, it determines the monetary contribution made by each of them for the living of the dominant family. The spousal is evaluated in the determination of the amount of the contribution to the children and the unpaid work of the other. These contributions may be requested for the past 1 year and for years to come. Based on this provision, it is important to request a retrospective annual contribution for the spouse who has not fulfilled its duties.
Divorce proceedings are opened before the filing of divorce other than the demand for marriage in the marriage unity, while açıl living together aka can be ruled in the alimony support. However, this separate living situation should be based on a just cause. For example, because of the common life of one of the spouses, economic life, if the peace of the family has been seriously endangered, the other spouses violence, cheating, not looking at the home, is considered to be the right cause. In these cases, the request for alimony without filing a divorce is possible. The principle of fairness should be guiding in determining the seriousness of the just cause. (There is a good reason for the woman expelled from her husband by her husband.) If the minor is with minor children, it is possible to demand alimony in their name. In other words, the demand for alimony without opening a divorce is not only possible for the partner but also for the common children. If the spouse cannot prove that he is right to live separately, the judge refuses alimony. However, being unfair to live in a separate child does not affect the child support. If the child is an adult, the measure cannot require child support. If the spouse was duly invited to the family house to continue the marriage unity, then the measure will not be able to ask for support for later dates. Marital union continues to be in favor of the spouses who establish relationships outside the marriage is not ruled. The divorce proceedings to be ruled before the opening of the marriage unity in the dissolution of spouses is not sought.
One of the spouses must be able to pay alimony in order to pay alimony without opening a divorce case. Direct income and assets values are taken into consideration, economic strength is taken into account. A person who has enough financial power to do military service is obliged to give alimony. If the husband is a soldier and does not have any income and income, he / she is not obliged to support the child during his military service. The husband who is mentally ill or not is not obliged. The judge determines the amount of alimony. This amount of alimony while the marriage unity is continuing to live together in a life appropriate to the spouses. Spouses are looked at. Gender is not important at this stage. Judge is calculated as the Turkish lira. However, the parties can agree on foreign currency. As a rule, it is paid in advance at the beginning of each month. It is effective from the date of the case and continues as long as the right to live separately is intact. Child support cannot be applied to the date of the case. Alimony cases are also seen in judicial holidays, durations continue to process. If the decision on alimony does not fulfill the liable spouse, it may be requested to initiate execution proceedings against him / her, and if he does not have any salary, he can be reimbursed for his receivables in the 3rd parties if there are assets and real estate records. The beginning of this alimony is the case history. When later, the child support walks back and becomes the subject of execution from the date of the case. In addition, the debtors who fail to fulfill the child support debt on the complaint of the creditor 3 months of pressure can be decided on the prison.
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