THE RIGHT TO COMPENSATION IN DIVORCE CASES
In the case of divorce, there must be a request for material compensation. This request can be made together with the petition for divorce, it can be also made in writing or orally until the end of the case, and it can be made with a separate case after the divorce case. Compansation must be requested with the country’s own money.
Compensation can not be requested in foreign currency. If the person has requisted compensation in general, the amount of compensation shall be stated separately. If the marriage terminates for any reason other than divorce, it is not possible to make a decision about material compensation.
If the divorce case is rejected, there is no need to make a decision on material compensation. However, if a divorce decision is made, a positive or negative decision must be made about the material compensation.
In order to make a decision for material compensation, the defendant must be flaw. If the defendant’s spouse is mentally ill and cannot act of own free will, it is not possible to make a decision about material compensation.
If both parties are flawless or have equal flaws, it is also not possible to make a decision about material compensation. In order to claim material compensation, the person must be flawless in divorce or less flawed than the other party.
The court evaluates the social and economic conditions and flaws of the parties in accordance with the equitable principles.
Interest in material compensation shall be started to apply after the finalization of the provision. Legal interest may be requested from this date.