Türkçe 
English 
Русский 
Guide to the Shaking of the Matrimonial Union to its Core and Severe Incompatibility in Turkish Law
One of the most frequently invoked legal grounds in divorce cases in Turkish law is the "shaking of the matrimonial union to its core," regulated under Article 166 of the Turkish Civil Code (TCC) No. 4721. In practice, this situation is often referred to as "severe incompatibility." However, legally, the issue is not merely that the parties cannot get along. What is essential is that the matrimonial union has deteriorated to such an extent that the spouses can no longer be expected to maintain a common life.
Therefore, not every argument, every difference of opinion, or every marital problem is considered a ground for divorce. The court evaluates the severity and continuity of the incidents, the fault status of the parties, the strength of the evidence, and whether the common life can actually continue. Facts such as physical violence, insults, economic pressure, breach of the duty of loyalty, abandonment of the common residence, trust-shaking behaviors via social media, and long-term de facto separation frequently come to the fore in this type of lawsuit.
What is the Shaking of the Matrimonial Union to its Core?
According to TCC Art. 166/1, if the matrimonial union is shaken to its core to such an extent that the spouses can no longer be expected to maintain a common life, each of the spouses may file for divorce. This regulation is the general ground for divorce in Turkish law.
Two fundamental elements stand out here:
- Objective Element: The matrimonial union must be shaken to its core. The marriage must no longer be able to fulfill its legal and social functions.
- Subjective Element (Unbearability): Under the existing conditions, maintaining that marriage must have reached an unbearable level for at least one of the spouses.
Difference Between Severe Incompatibility and Special Grounds for Divorce
In Turkish law, grounds for divorce are divided into general and special grounds. Reasons such as adultery, attempt on life, severe cruelty or humiliating behavior, desertion, and mental illness are special grounds for divorce. The shaking of the matrimonial union to its core is the general ground.
| Criterion | Severe Incompatibility (TCC 166/1) | Special Grounds for Divorce |
|---|---|---|
| Legal Nature | General ground for divorce | Special grounds explicitly listed in the law |
| Proof Structure | A set of incidents making the marriage unbearable | Proof of a specific act is required |
| Scope | Broad: Insults, neglect, violence, economic pressure, family interference | Limited: Adultery, desertion, attempt on life, etc. |
| Fault Evaluation | Divorce is possible even in cases of equal fault | The occurrence of the special ground is decisive |
Faulty Behaviors Leading to Severe Incompatibility
Severe incompatibility can arise from a single behavior or from a combination of many small but continuous behaviors. The most common faulty behaviors in judicial practice are:
- Physical violence
- Insults and derogatory remarks
- Psychological pressure (emotional abuse)
- Economic violence (financial abuse)
- Breach of the duty of loyalty
- Excessive interference by the spouse's family in the marriage
- Abandonment of the common residence
- Failure to comply with the obligation to live together
- Trust-shaking behaviors via social media
- Neglect and the disappearance of the will to maintain the marriage
Which Evidence is Used in Severe Incompatibility Cases?
The success of a divorce case depends on a correct evidence strategy. Since severe incompatibility claims often occur within the family, the difficulty of proof is high.
| Evidence Type | Use Case | Importance |
|---|---|---|
| Witness Testimony | Supporting insults, violence, family pressure | One of the most frequently used proofs |
| Criminal Case Files | Concretizing battery, threats, insults | Very strong for fault and compensation |
| Forensic Reports | Proof of physical violence | Objectifies the claim of violence |
| Digital Content (WhatsApp/SMS) | Insults, threats, breach of loyalty | Plays a critical role as digital evidence |
| Economic Documents | Economic violence, alimony, and compensation | Important for financial consequences |
Financial Consequences of Divorce Due to Severe Incompatibility
A divorce decree does not only result in the end of the marriage. Depending on the fault status, financial consequences such as pecuniary compensation, non-pecuniary compensation, and poverty alimony may also arise.
- Pecuniary and Non-Pecuniary Compensation (TCC Art. 174): The party whose existing or expected interests are damaged by the divorce may request pecuniary compensation. Likewise, the spouse whose personal rights have been severely attacked may claim non-pecuniary compensation. The party requesting compensation must be faultless or less at fault than the other party.
- Poverty Alimony (TCC Art. 175): The party who will fall into poverty due to the divorce may request poverty alimony, provided that their fault is not more severe than the other party's.
Conclusion
The shaking of the matrimonial union to its core is the most common ground for divorce in Turkish law. However, not every case filed based on this ground is automatically accepted. The court carefully examines whether the union is truly shaken, whether the common life has become unbearable, the existence of faulty behaviors, and whether these are proven with concrete evidence. Professional legal evaluation is of critical importance, especially when digital evidence, criminal files, or complex financial claims are involved.
Divorce Attorney’s Guide — Att. Rafet Aslan
