SEPARATION

Separation is a concept that Catholic law, created as an alternative to divorce, brings to the legal system. It was considered in countries where divorce was not possible as a result of the trait brought about by the Catholic religion. The separation decision does not end the marriage, but the spouses are provided to live separately.

TMK article 170: if the reason for divorce is proven in a divorce or separation case, the judge decides on divorce or separation. But if the plaintiff’s spouse wants separation, the judge cannot decide on divorce. A separation can be decided if the case is related to divorce, but if there is a possibility of re-establishing a common life.

TMK article 171: separation can be decided for a period of 1 to 3 years. This period begins to work with the finalization of separation.(At least 1 maximum 3 years) since the separation decision does not end the marriage, the responsibilities of the spouses arising from the marriage union continue.

TMK article 172: the separation state ends by itself when the time is over. If the common life cannot be restored, each of the spouses can file for divorce. When editing the results of the divorce, the events that were proven in the first case and the situations that occurred during the separation are taken into account.

* Do not confuse the separation decision and TMK article 166/4. TMK 166/4=if a divorce is filed for any reason and it is rejected, the judge must make a divorce decision when the common life cannot be established for 3 years and the divorce case is filed again.