SEPARATION
Separation is a concept brought to the legal system by Catholic law, which was produced as an alternative to divorce. It has been considered in countries where divorce is not possible as a result of the feature brought by the Catholic religion. The marriage is not terminated by the decision of separation, but it is ensured that the spouses live separately.
TMK MD 170: If the reason for divorce is proven in the divorce or separation case, the judge decides on divorce or separation. However, if the plaintiff spouse wanted separation, the judge cannot decide on divorce. If the case is about divorce, separation can be decided only if there is a possibility of re-establishing the common life.
TMK MD 171: Separation can be decided for a period of 1 to 3 years. This period starts to run with the finalization of the separation. (Minimum 1, maximum 3 years) Since the decision of separation does not end the marriage, the responsibilities of the spouses continue.
TMK MD 172: When the time expires, the separation status ends automatically. If the joint life could not be reestablished, each of the spouses can file for divorce. While arranging the results of the divorce, the events proven in the first case and the situations that emerged during the separation are taken into account.
*The separation decision and TMK MD 166/4 should not be confused. TMK 166/4=if a divorce case is filed and rejected for any reason, the common life cannot be established for 3 years and the judge must give a divorce decision when the divorce case is filed again.
