Marriage is a union that begins with the decision of two people to unite their lives and start a family. Unfortunately, not every marriage has a happy ending and some marriages may end in divorce. Divorce can be a challenging process, both emotionally and financially. During this difficult process, it is important to know your rights and be protected through legal means.
In divorce cases, the party who is at fault or less at fault has the right to demand material and moral compensation from the party at fault. These types of compensation are paid to compensate for the material and moral damages suffered due to divorce.
What is Financial Compensation?
Financial compensation is compensation for concrete financial losses suffered due to divorce. An example of this compensation is;
Compensation for expenses incurred during the marriage (for example: wedding expenses)
Compensation for property acquired during marriage (for example: house, car)
Damage due to job loss or reduced income due to divorce
Damage caused by non-payment of alimony that must be covered by the spouse
Situations such as this may be given.
What is Non-Pecuniary Compensation?
Non-pecuniary compensation is the compensation for non-pecuniary damages suffered due to divorce. An example of this compensation is;
Sadness, stress and grief caused by divorce
Violation of personal rights
Damage to honor and dignity
Loss of social status
Situations such as this may be given.
How is the Amount of Compensation Determined?
The amount of material and moral compensation is determined by the judge on a case-by-case basis. The judge takes the following factors into consideration when determining the amount of compensation:
Degrees of fault of the parties
marriage duration
symbiosis level
Financial situations of spouses
Material and moral damages arising from divorce
How to File a Compensation Case?
The lawsuit for material and moral damages can be filed together with the divorce case or as a separate case. The compensation case filed together with the divorce case is concluded together with the divorce case. The compensation lawsuit filed as a separate lawsuit must be filed within one year from the finalization of the divorce case.
Things to Consider When Filing a Compensation Case
When filing a lawsuit for compensation, it is important to collect and document evidence. Among this evidence;
Invoices and receipts showing expenses incurred during the marriage
Title deed documents and sales invoices for property acquired during marriage
Documentation regarding job loss or reduced income due to divorce
Documents regarding non-payment of alimony that must be covered by the spouse
Doctor’s and psychologist’s reports showing the sadness, stress and grief caused by the divorce
Witness statements regarding situations such as violation of personal rights, damage to honor and dignity
