WHAT IS THE PERIOD OF IDDAT?
The period of iddat, also known as the waiting period, refers to the period that a woman whose divorce case is finalized must wait by law to remarry. This period is determined as 300 days in the law. The woman who does not want to wait for this period can request the removal of this period from the court by filing a lawsuit for the abolition of the period of iddat in the family courts.
In the Turkish legislation, this issue is primarily specified in Article 132 of the Turkish Civil Code and Article 26 of the Population Services Law. Article 132 of the Turkish Civil Code No. 4721;
If the marriage has ended, the woman cannot marry until three hundred days have passed since the marriage ended.
The period ends with childbirth.
In cases where it is understood that the woman is not pregnant from her previous marriage or the spouses whose marriage has ended want to marry each other again, the court removes this period.
The provision defines what the waiting period is and how it can be lifted.
Article 26 of the Population Services Law No. 5490 states that
The woman’s waiting period is effective from the date the court decision becomes final.
The court stipulates when the waiting period begins.
The purpose of the waiting period is to determine the parentage of the child to be born in a possible pregnancy of the divorced woman. Therefore, the purpose of the waiting period is to protect the child by preventing possible confusion in the legal status of the child who will be born after the divorce.
WHAT IS THE CASE FOR LIFTING THE WAITING PERIOD?
If no action is taken, the waiting period will be lifted automatically after 300 days from the date of the finalization of the divorce decision. If the divorced woman does not want to wait for this period, she should file a lawsuit for lifting the period of iddat and get a decision from the court. The woman who wants to lift the period of iddat must prove that she is not pregnant with a medical report. The waiting period will be lifted when the court decides that the period of iddat is lifted in the relevant case.
The woman who requests the lifting of the waiting period can file this lawsuit directly by herself or by obtaining legal support from a lawyer specialized in this field. It is of great importance that the lawsuit for the lifting of the waiting period is carried out by a specialized lawyer with technical legal knowledge in order to conclude the case quickly.
Who are the parties to the lawsuit for the lifting of the abolition of the waiting period?
The lawsuit for the abolition of the period of abstinence must be filed by the woman who wants to abolish the period of abstinence, without naming a defendant.
How to prepare the petition for the abolition of the period?
The court in charge of the lawsuit to be filed for the lifting of the period is the family court. In places where there is no family court, the civil courts of first instance are assigned as the family court. The competent court in the case for the lifting of the period of probation will be the court of the woman’s place of residence.
The person who wants to abolish the period of menstruation will be able to file this lawsuit with a petition addressed to the family court without showing a defendant party.
WHAT ARE THE RESULTS OF THE LAWSUIT FOR THE LIFTING OF THE PERIOD?
If it is understood that the plaintiff woman is not pregnant in accordance with the health report received by the court as a result of the lawsuit for the lifting of the period of abstinence, the court will lift the period of abstinence/waiting period and the plaintiff will be able to remarry with the finalization of the judgment.
HOW LONG DOES THE CASE FOR LIFTING THE PERIOD OF IDDAT LAST?
The duration of the proceedings for the lifting of the period of abstinence may vary according to the intensity of the court and the scope of the file. The Ministry of Justice has set target periods in the judiciary. These periods are determined in accordance with the subject and nature of the case, and the Appeal and Supreme Court stages are not considered within this period. Considering the practical applications;
Petitions must be full and complete
Processes such as obtaining a medical report vary according to the content of the case.
When we look at the general averages, it can be said that the cases for the lifting of the duration of the menstrual period are concluded between 2 weeks and 2 months on average.
However, the finalization of a case in the shortest time is directly related to the close follow-up of the case. A good file follow-up prevents unnecessary prolongation of the case.
