Decision of the Constitutional Court on the Rule that a Divorce Case Due to Adultery Must Be Filed Within 5 Years

Decision and Significance of the Constitutional Court

The Constitutional Court (AYM) has ruled that the provision in the Turkish Civil Code regarding the time limit for filing a divorce case due to adultery is constitutional. This regulation requires that a divorce case must be filed within six months from the date the adultery is discovered and, in any case, within five years from the occurrence of the act.

This ruling puts an end to debates on the statute of limitations in divorce law and is considered an important step in ensuring legal stability.

Details of the Decision and Legal Basis

🔹 Subject of the Case:A petitioner challenged Article 161 of the Turkish Civil Code, arguing that the provision "A divorce case due to adultery must be filed within six months from its discovery and, in any case, within five years" restricts the right to seek justice and requested its annulment.

🔹 Reasoning of the Constitutional Court:The Constitutional Court emphasized the following points in its decision:

✅ Time limits for divorce cases are necessary for public order.

✅ Allowing indefinite lawsuits on personal and private matters such as adultery could undermine legal certainty.

✅ Mandatory filing within a specific period serves to protect the legal stability of both the plaintiff and the defendant.

✅ This regulation falls within the legislator's discretion and is constitutional.

🔹 Conclusion:The Constitutional Court ruled that this time limit does not violate the right to a fair trial or access to justice and rejected the request for annulment.

Legal Implications and Practical Evaluation

📌 What Does This Decision Mean?

1️⃣ A spouse seeking a divorce on the grounds of adultery must file the case within five years.

2️⃣ Statute of limitations must be observed to avoid loss of rights.

3️⃣ Since this decision is in line with previous precedents, legal stability is ensured.

📌 The Importance of Time Limits in Divorce CasesAccording to the Turkish Civil Code, there are also specific time limits for other special grounds for divorce. For example:

✅ Divorce due to abandonment – The abandoned spouse must wait at least six months before filing a case.

✅ Divorce due to de facto separation – If the spouses have been separated for three years, a divorce case can be filed.

✅ General grounds for divorce – There is no strict time limit, but the case must be filed within a reasonable period to avoid being considered an abuse of rights.

This ruling reinforces legal certainty and ensures that divorce proceedings adhere to clear time limits.