{"id":1619,"date":"2021-02-16T22:47:53","date_gmt":"2021-02-16T19:47:53","guid":{"rendered":"http:\/\/www.ozkokhukuk.com\/?p=1619"},"modified":"2024-11-13T15:41:37","modified_gmt":"2024-11-13T12:41:37","slug":"anlasmali-bosanmadan-sonra-istirak-nafakasi-talep-edilebilir-mi","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/anlasmali-bosanmadan-sonra-istirak-nafakasi-talep-edilebilir-mi\/","title":{"rendered":"Can Affiliate Alimony Be Requested After An Uncontested Divorce?"},"content":{"rendered":"\"\"<\/a><\/p>\n

TO CONTACT NOW:\u00a0<\/strong>0 541 485 92 48<\/a><\/p>\n

\"\"Uncontested Divorce<\/h2>\n

Uncontested divorce cases are realized by submitting the protocol prepared as a result of the parties’ agreement on the divorce and the results of the divorce to the court and the court’s decision to accept the protocol.<\/p>\n

In uncontested divorce cases, if the court decides to divorce the parties with the approval of the protocol, this decision constitutes a final judgment in terms of the financial consequences of the divorce. Therefore, if the protocol does not demand alimony, pecuniary and non-pecuniary damages, these demands cannot be made by filing a separate lawsuit. Likewise, the spouse who declares that he does not have a claim for the goods, jewelery and household goods acquired in the marriage union with the protocol will lose his right and will not be able to make any claim in terms of these goods later on.<\/p>\n

Alimony in an Uncontested Divorce<\/h3>\n

\"\"<\/em><\/p>\n

We see that even if the request for alimony is not requested in the uncontested divorce case, alimony can be requested later. As a matter of fact, it is regulated by the Civil Code that the spouse, whose custody is not left to him, has to participate in the care and education expenses of the child in proportion to his power, and this provision is from public order:<\/p>\n

“In the arrangement of the personal relationship of the spouse with the child, whose custody is not given to him, the benefits of the child, especially in terms of health, education and morality, are taken as a basis. This spouse has to participate in the child’s care and education expenses in proportion to his power.”<\/em><\/p>\n

The jurisprudence of the Court of Cassation is also in this direction;<\/p>\n

“According to Article 182\/2 of the TMK, in the event of divorce or separation, the spouse who has not been given custody has to participate in the care and education expenses of the minor child in proportion to his\/her power. This issue is related to public order and is not subject to the will of the parties. Therefore, no alimony is requested with the agreed divorce. Even if it is, this request can be brought to the agenda later on.”<\/em> is in the form.<\/p>\n

Therefore, the spouse to whom the custody of the child is left in an uncontested divorce case can always request alimony by filing a separate lawsuit, even if he or she does not demand alimony.<\/p>\n

TO CONTACT NOW:\u00a0<\/strong>0 541 485 92 48<\/a>","protected":false},"excerpt":{"rendered":"

TO CONTACT NOW:\u00a00 541 485 92 48 Uncontested Divorce Uncontested divorce cases are realized by submitting the protocol prepared as a result of the parties’ agreement on the divorce and the results of the divorce to the court and the court’s decision to accept the protocol. In uncontested divorce cases, if the court decides to […]<\/p>\n","protected":false},"author":12,"featured_media":1669,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1619","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/1619","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=1619"}],"version-history":[{"count":2,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/1619\/revisions"}],"predecessor-version":[{"id":10524,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/1619\/revisions\/10524"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/1669"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=1619"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=1619"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=1619"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}