Letter of Complaint – About the Duty of Loyalty During Divorce Cases

Dear Deputy,

In Turkey, if a married couple has not had sexual relations for 6 months, this can be a reason for full-fault divorce. But after a divorce case starts, the law still says both sides must stay loyal (faithful). This is a big problem, especially when the divorce case takes many years.

The Problem

Today, divorce cases can take 3 to 7 years. During this time, the law says that both people must stay loyal and not have a new relationship. But this rule causes many problems — mental, physical, and social.

People have a right to protect their body and mind. This right is in Article 17 of the Turkish Constitution. But the current law does not protect this. Also, this rule goes against Article 20 of the Constitution and Article 8 of the European Human Rights Convention, which talk about privacy and family life.

It is strange: If a person in a marriage refuses sexual contact, the law says it is abuse. But if a person in a divorce case has sexual contact with someone new, the law says it is cheating. These two things are opposite and unfair.

 Civil Law vs Real Life

In some parts, Turkish law uses old traditions — for example, giving gold to the woman, or making a woman wait 4 months and 10 days before marrying again. But in divorce, the law says: “You must wait many years. You must not touch anyone. You must not start a new relationship.”

This is not fair. People need love and connection. It is a biological and emotional need. Blocking this with the law is not right.

The Universal Declaration of Human Rights, Article 16, says people have the right to marry and build a family. But in Turkey, during a divorce, people cannot do this — they must wait many years. This is against basic human rights.

Also, Article 12 of the European Convention says people have the right to marry. But how can they use this right if the law blocks them during a long divorce?

Injustice and Pain

The law says: “If there is no sexual relation for 6 months, it is your fault.” But also, the same law says: “You must stay faithful for 7 years while the divorce is still not finished.” This is not justice.

Article 41 of the Turkish Constitution says family is important and both partners are equal. But in long divorce cases, one side can use the court to punish the other side. This is not equality.

If a woman whose pregnancy period is known loses her fertility 7 years after the divorce case, who and why deprived this woman from having a child? And iff both people want to divorce, and the marriage is already finished in real life — why must they still stay faithful? It is not logical. It is not human. This rule keeps people stuck in pain for years. And the European Convention, Article 14, says there must be no discrimination — but this rule affects people differently by gender and situation.

Let’s ask a question:

If a divorce takes 5 years, and one person must stay faithful all that time — what happens in the end? Can they go back to the same bed? Can they hug each other again? Would you want to live like that?

 My Request

Because of all this, I ask for change.

When a divorce case starts, the duty of loyalty should end immediately, if both people agree to divorce. This will protect people’s rights and stop unfair suffering.

I ask you to work for legal reform. The law should respect people, not punish them. A human-focused system is possible. Please take action to help make this change.