Abstract:

The divorce system prescribed by the Turkish Civil Code conserve the main principles enunciated by the former Civil Code of 1926 with exception of the amendment dated 1998 which introduced the divorce based on the mutual accord des spouses and on the actual and continuous separation following rejection of a divorce case; whereas such system based on specific causes and fault of spouses has been abandoned by European countries including Switzerland on which the Turkish civil law constructed. A divorce system must concentrate on the social strengthening of the divorced spouses rather than the pursuit of culpable. Provided that the consequences of the divorce is equitably regulated and the interest of children is preponderant, it should be adopted a new divorce system relying on the mutual consent of spouses and/or the actual and continuous separation. 

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