Divorce Law

Luxury Spending While the Family Is in Financial Hardship Is Grounds for Divorce

Court: Court of Cassation of Türkiye
Chamber: General Assembly of Civil Chambers
Case No.: 2017/2284 E.
Decision No.: 2020/19 K.
Decision Date: 16.01.2020

The General Assembly of Civil Chambers determined that, in its post-reversal judgment, the local court had added a new element of fault against the wife — namely, "incurring expenses that could be considered luxury while the family was in financial hardship" — that had not appeared in its previous decision, and that the judgment was therefore, in procedural terms, not a genuine resistance judgment but a new judgment. Based on this finding, it was held that the appellate review fell within the jurisdiction of the relevant Specialized Chamber rather than the General Assembly of Civil Chambers.

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