05.07.2025 12:51
The Court of Cassation has made another landmark decision in divorce cases. The court ruled that telling one's spouse "Be empty, be empty, be empty" in front of third parties constitutes grounds for divorce, determining that the spouse who behaves in this manner is at fault.
According to the information obtained from the Case Law Bulletin Application, in the divorce case seen in Kırşehir, which was filed mutually, the first-instance court ruled that the spouses' different degrees of fault, along with one party telling their spouse "Get divorced, get divorced, get divorced," constituted additional fault, and decided to accept the mutual divorce claims, ruling for the parties' divorce.
THE COURT FOUND THE SPOUSE WHO SAID "GET DIVORCED" AT FAULT
The attorney of the spouse who said "get divorced, get divorced, get divorced" appealed the ruling. As a result of the appeal review, the spouse's appeal was rejected on the merits. Following this, the spouse whose appeal was rejected appealed the case to the Supreme Court. As a result of the review, the 2nd Civil Chamber of the Supreme Court examined the degrees of fault of the parties and decided that the male spouse who said "Get divorced, get divorced, get divorced" in the presence of witnesses was at fault in this specific case.
Thus, a precedent was set regarding the fault of the spouse who said "Get divorced, get divorced, get divorced" in a divorce case in an environment where third parties were present.
"IT IS CORRECT TO CONSIDER A SPOUSE WHO SAYS SUCH WORDS AT FAULT"
In an evaluation regarding the decision, Istanbul Bar Association member Lawyer Fatih Karamercan stated, "The decision given by the 2nd Civil Chamber of the Supreme Court regarding the use of such words that imply divorce by spouses towards each other in an environment where third parties are present is legally justified. Because, in a situation where such concepts are used in the presence of third parties, the spouse exposed to these words is also subjected to humiliation. Therefore, it is correct to consider a spouse who says such words at fault in divorce cases," he said.