Removing the iddet period (waiting period)

Time ends with giving birth.

The court removes this period if it is understood that the woman is not pregnant from her previous marriage or if the spouses whose marriage has ended want to marry each other again.

It is organized as follows.

As can be understood from the letter of the law, in order for a woman to get a new marriage after divorce;

-Waiting for the iddat period, which will start from the finalization of the divorce decision, to pass, or

-He must request the relevant court to lift the iddat period.

There is no waiting period in the law for men who want to remarry after divorce. Therefore, a man can remarry, provided that he proves that his previous marriage has ended, that is, after the divorce decision is finalized.

WHAT IS THE LEGAL VALUE PROTECTED BY THE IDDAT PERIOD REGULATION?

The legal value that is intended to be protected by the waiting period regulation is the paternity of the child who may be born after the end of the marriage.

According to the presumption of paternity regulated in Article 285 of the TMK, "The father of the child born while the marriage is continuing or within three hundred days starting from the termination of the marriage is the husband." As can be seen, the father of the child born within 300 days after the end of the marriage is considered the husband.

Again, according to Article 290 of the TMK; "If the child is born within three hundred days starting from the end of the marriage and the mother remarries in the meantime, the husband in the second marriage is considered the father. If this presumption is refuted, the husband in the first marriage is considered the father."

Therefore, the period of waiting period, which is an indefinite marriage barrier for women, aims to prevent paternity confusion that the child born during this period may experience.

Details about the paternity of the child born during the waiting period are included in our article titled "Establishment of Paternity".

IS A MARRIAGE DURING IDDAT VALID?

The waiting period or waiting period is an indefinite obstacle to marriage for a woman. This means that if the woman makes a second marriage before the 300-day waiting period, which starts from the finalization of the divorce decision, has passed, this marriage will not be invalid or invalid. In other words, all the consequences of a valid marriage will arise.

SITUATIONS THAT END THE PERIOD OF VIOLENCE

•The 300-day waiting period regulated in TMK 132 automatically ends three hundred days after the divorce decision becomes final. The woman who chooses to wait for the period to expire does not need to apply to the court.

•Another situation that causes the iddat period to end is that the pregnant woman has given birth. That is, within the 300-day period that begins after the divorce decision is finalized, for example, a woman who gave birth on the 200th day will no longer have to wait for the remaining 100 days to remarry. According to Article 132 of the Turkish Civil Code, "The period ends with giving birth."

•Another situation that ends the iddat period is the court decision given upon the woman proving that she is not pregnant from her previous marriage or requesting to remarry with her divorced husband.

CASE FOR REMOVING THE IDDET PERIOD (WAITING PERIOD)

It is one of the uncontested judicial matters:

The removal of the waiting period for remarriage by the judge is one of the non-contentious judicial acts listed in Article 382 of the Code of Civil Procedure.

"In every case, there are two parties, the plaintiff and the defendant. If there are no two parties in conflict with each other in a case, then it is not a case, but a non-contentious jurisdiction, and the rules regarding non-contentious jurisdiction are applied." (Kuru, B./A., R./Y., E.: Civil Procedure Law, ... 2011, p. 260)

Although it is declared as a case for the removal of the waiting period, it should not be forgotten that it is a non-contentious judicial matter and the rules regarding non-contentious jurisdiction will be applied.

Family Courts are responsible for:

The courts responsible for hearing cases regarding the abolition of the waiting period are Family Courts. In places where there is no family court, Civil Courts of First Instance will be in charge. According to Article 384 of the Code of Civil Procedure, unless there is a contrary provision in the law, the court of the place where the requester or one of the relevant persons resides is authorized for non-contentious judicial matters. Therefore, in cases of removal of the waiting period, the competent court is the court of the plaintiff's place of residence.

Determination that the woman is not pregnant:

In order for the waiting period to be lifted by the court, it is necessary to prove that the woman is not pregnant. This is achieved by submitting the tests to be performed and the doctor's reports received to the court after the court orders a health check for the plaintiff. Once it is understood that the woman is not medically pregnant, the court will decide to abolish the waiting period.

SUPREME COURT DECISIONS

•Child Born During the Waiting Period – Request for Rejection of Paternity (Supreme Court 2nd HD. 2006/2900 e. 2006/9378 k. 13.6.2006 t.)

"The case is about the request for rejection of paternity. The father of the child born while the marriage is still ongoing or within three hundred days starting from the end of the marriage is the husband. In the case, the plaintiff was born within three hundred days after the end of the marriage. The fact that the plaintiff was registered in the maiden house with his mother's family surname and the fact that the father's name is shown differently in this household does not eliminate the legally established paternity between the child and the husband. In order for the plaintiff to file a paternity suit, the legal paternity must be invalidated."

•Supreme Court 11. Criminal chamber e. 2017/14034 k. 2017/8875 t. 13.12.2017

"The non-appeal defendant ... was officially married to the participant ... but the divorce case was still going on, he had an unofficial relationship with the defendant ... during the process, the divorce was finalized on 25.01.2012, a child named ... was born on 20.04.2012, and although the child's father was ..., the child born during the waiting period was registered as ... in the civil registry as ... in the paternal household, as if he was born within the marriage; the defendant ... did not accept the accusation, arguing that they could not have an official marriage because they had recently divorced and had not completed the period required by law, that they had a child named ... while they were living together, that the child was ill, that an identity card was required for treatment, that they had to register ...'s father's name as ... in order to change it later, that he did not act with criminal intent, that the baby's father's name was recorded as "..." in the birth report of Private Sevgi Hospital and that Article 285 of the Turkish Civil Code No. 4721 and Article 295 states that "the father of the child born while the marriage is still ongoing or within three hundred days starting from the end of the marriage is the husband and the child who has a lineage with another man cannot be recognized unless this bond is invalidated." Considering the date of birth of the child registered in the civil registry, it is not possible to immediately register the child on the biological father... CONCLUSION: Since the defendant's appeal objections were deemed appropriate, it was unanimously decided on 13.12.2017 to REVERSE the verdict in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which should be implemented in accordance with Article 8/1 of Law No. 5320.