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    THE CONSTITUTIONAL COURT HAS DECIDED THAT MAKING A DECISION ON THE ALIMONY AMOUNT WHICH IS HIGHER THAN THE APPLICANT’S CLAIMED INCOME WITHOUT AN ADEQUATE RESEARCH WAS A VIOLATION OF A PERSON’S RIGHT TO PROTECT AND IMPROVE THEIR MATERIAL AND SPIRITUAL EXISTENCE !

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    Comment
    The Decision of the Constitutional Court Application Numbered 2016/3140 Dated 7/11/2019, published in the Official Gazette Numbered 30981 dated 17/12/2019. In the case subject to the decision; The applicant’s divorced spouse has filed a lawsuit before the Family Court by claiming an increase on the amount of the alimony that...
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    How are issues relating to children dealt with upon divorce in Turkey and what factors do the court take into account when dealing with applications?

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    Comment
    Under Turkish Family Law, the main consideration relevant to issues relating to children is the interest of the children. The court takes the into account the current economical and psychological situation of the mother or father when dealing with applications in order not to endanger the safety and welfare of...
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    Is a wife able to seek child maintenance and, if so, what factors would the Turkish court take into account in dealing with such an application?

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    Comment
    The Client is able to seek child maintenance by holding the temporary and permanent custody of the children. The current living standards of the Children such as social activities, schools, travels, health and care expenses and any other daily expenses must be calculated very carefully and provide to the Istanbul...
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    Would the wife lose her ability to seek spousal maintenance if seen to be at fault for the divorce and how should this be dealt within a Turkish Divorce Case?

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    Comment
    If the Client would be in fault in the divorce case, this would be a reason of loss of compensation claims but the spousal maintenance should resist to keep the living standards with the Children (If the Custody shall be with the Client). The personal financial status of the Client...
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    Is a wife able to seek spousal maintenance in Turkey and, if so, what factors would the Turkish court take into account in dealing with such an application?

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    Comment
    Current living conditions of the Client is important and the Family Court Judge will examine the statement and exhibits which will beprovided to the court and decide about the temporary spousal maintenance  to the wife for the litigation period and then provide a definitive spousal maintenance decision  to the wife....
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    Temporary Alimony in Turkey

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    Comment
    According to the Article 169 of Turkish Civil Code, “When the action for judicial separation or divorce is filed, the Judge shall take the interim measures on its own motion which are necessary during the case especially for accommodation, living costs, administration of estates of spouses and care and protection...
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