ANNULMENT OF MARRIAGE CASE AND ITS CONDITIONS

What Is an Annulment of Marriage Case?

An annulment of marriage case involves a request to terminate a marriage on the grounds that the marriage contract was not concluded in accordance with the law, rendering the marriage invalid. Accordingly, as a result of the annulment case, the marriage is considered to have ended due to its defectiveness and invalidity.

Conditions for Filing an Annulment of Marriage Case

Under the Turkish Civil Code, the annulment of marriage is subject to certain conditions. Accordingly, an annulment case may be filed based on grounds of absolute nullity or relative nullity.

a. Absolute Nullity

Article 145 of the Turkish Civil Code regulates the state of “absolute nullity” as quoted below:

“In the following cases, a marriage shall be null and void due to absolute nullity:”

1. If one of the spouses is already married at the time of the marriage,
2. If one of the spouses lacks the capacity to discern due to a permanent reason at the time of the marriage,
3. If one of the spouses suffers from a mental illness that constitutes an obstacle to marriage,
4. If there is a degree of kinship between the spouses that legally prevents marriage.

b. Relative Nullity

Articles 148–151 of the Turkish Civil Code state that in order to claim relative nullity, at least one of the following conditions must be present:

1. Temporary lack of discernment
2. Mistake
3. Deception
4. Intimidation (or duress)

Competent and Authorized Court in an Annulment of Marriage Case

In annulment of marriage cases, the authorized court is the court of the place where the parties have resided together for the last six months or the court of residence of either party. The competent court is the family court. In this regard, the parties may need to consult a divorce lawyer, such as a divorce lawyer in Antalya, to file and pursue the case.

Frequently Asked Questions

1.Who Can File an Annulment of Marriage Case?

The individuals authorized to file an annulment of marriage case must be determined based on the specific circumstances of each case. Accordingly, if the annulment is based on grounds of absolute nullity, the public prosecutor, the concerned parties, and the spouses themselves are authorized to file the case. However, if the case is based on grounds of relative nullity, only the spouses and, in certain situations, their legal representatives (such as a guardian) have the authority to do so (Article 146 of the Turkish Civil Code).

2.What Is the Time Limit for Filing an Annulment of Marriage Case?

The time limit for filing an annulment of marriage case also varies depending on whether the case is based on absolute nullity or relative nullity, similar to the persons authorized to file the case. In this regard, cases based on absolute nullity are not subject to any limitation period, and therefore may be filed at any time during the marriage. However, for cases based on relative nullity, statutory limitation periods of 6 months and 5 years are prescribed (Article 152 of the Turkish Civil Code).

3.Can Compensation Be Claimed as a Result of an Annulment of Marriage Case?

Although an annulment of marriage case differs in nature from a divorce case, it functions in the same way regarding financial matters such as compensation and alimony. Accordingly, as a result of an annulment of marriage case, the parties also have the right to claim material and moral compensation from each other.

4.What Happens to the Property as a Result of an Annulment of Marriage Case?

Even in cases where the marriage is annulled due to invalidity, if the parties have not agreed on a different marital property regime, they remain subject to the regime of participation in acquired property. Therefore, the parties may also file a separate property regime case for the liquidation of their assets.

5.What Is the Difference Between an Annulment Case and a Divorce Case?

In an annulment case, the situation concerns the termination of a marriage that was not performed in accordance with the law and is therefore considered invalid. In contrast, a divorce case involves the termination of a legally valid marriage.

It should also be noted that an annulment case may indirectly affect divorce proceedings. The reason for this is that the judgment of annulment regarding the marriage may also have decisive implications for any related divorce case.

Some Supreme Court Decisions Regarding the Annulment of Marriage and Its Conditions

1. “The annulment of the marriage was requested on the grounds that the defendants … and … were related to each other to a degree prohibiting marriage. The defendants, however, argued that they were not actually uncle and niece, claiming that the population registry records were incorrect, and stated that they had filed a lawsuit before the … Family Court under case number 2014/118 to correct those records. It has been determined that the said case was dismissed; however, since the decision has not yet been served to the parties, it has not become final. The court should have waited for the finalization of the record correction case and rendered its judgment according to the outcome thereof. Rendering a decision in the current written form is contrary to procedure and law and therefore requires reversal. RESULT: For the reasons explained above, the appealed judgment is REVERSED…” (Supreme Court of Appeals, 2nd Civil Chamber, Decision No. 2016/3461, Case No. 2015/26250, Dated 25.02.2016)
2. “The defendants argued that the mother of the defendant … was named …, and that the father of the defendant … had registered his daughter under the name of …, who was the wife of his uncle bearing the same name, and therefore the defendant was not responsible for the fact that her mother’s name was written as … in the population registry. In this situation, the court should have granted the defendants an appropriate period of time to file a lawsuit for the correction of the population registry and awaited the outcome of that case before making a decision. Rendering a judgment to annul the marriage without waiting for this result is not deemed proper. RESULT: For the reasons explained above, the appealed judgment is REVERSED…” (Supreme Court of Appeals, 2nd Civil Chamber, Decision No. 2016/3384, Case No. 2015/17945, Dated 24.02.2016)
3. “2- Regarding the examination of the parties’ other appeal objections: a) In her petition, the plaintiff–defendant (wife) claimed that her husband suffered from a permanent illness and had not performed his military service; that she had been mistaken about his condition to such an extent that living together had become unbearable for her; and that the illness, which posed a serious danger to her own health and that of her descendants, had been concealed from her prior to the marriage. She therefore asserted that she had been deceived and requested the annulment of the marriage on the grounds of relative nullity pursuant to Articles 149 and following of the Turkish Civil Code (TCC). The defendant–plaintiff (husband), on the other hand, filed a counterclaim for divorce based on the legal ground of irretrievable breakdown of the marital union (TCC Article 166/1). At the conclusion of the trial, the court rejected the wife’s claim and accepted the husband’s divorce claim, thereby dissolving the marriage. However, the court should have, in the wife’s case, evaluated the evidence in light of her right to request the annulment of the marriage based on relative nullity (TCC Articles 149 and 150), and rendered its judgment accordingly. Regarding the husband’s divorce case, the court should have considered that the annulment case based on relative nullity filed by the wife constitutes a prejudicial issue for the divorce proceedings, and therefore, it should have separated the divorce case and awaited the outcome of the annulment case before issuing a decision on the divorce—either favorable or unfavorable. Failing to consider this matter and rendering a judgment as written constitutes a procedural and legal error, necessitating reversal of the decision. RESULT: The appealed judgment is REVERSED for the reasons stated above.” (Supreme Court of Appeals, 2nd Civil Chamber, Decision No. 2017/350, Case No. 2016/15306, Dated 16.01.2017)
4. In her petition, the plaintiff requested the annulment of the marriage on the grounds of relative nullity (Articles 149–150 of the Turkish Civil Code – TCC). However, with a petition for amendment (ıslah) dated 13.11.2014, she changed the legal basis of her case to a divorce claim based on the irretrievable breakdown of the marital union (TCC Article 166/1). At the hearing on 24.03.2015, the plaintiff’s attorney stated that they were withdrawing the amendment and once again requested a judgment for the annulment of the marriage. The court, reasoning that the amendment had been withdrawn, considered the case as one for annulment of marriage based on relative nullity and dismissed the plaintiff’s claim. However, the plaintiff’s attorney’s statement at the 13.11.2014 hearing constitutes a valid amendment of the legal basis of the case. Since a party may resort to amendment (ıslah) only once in a lawsuit, the subsequent statement has no further legal effect. Accordingly, the case should be considered, in its amended form, as a divorce case based on the irretrievable breakdown of the marital union (TCC Article 166/1). The court should have evaluated the evidence in this context and rendered a decision accordingly. Accepting the case as one for annulment of marriage based on relative nullity and issuing a judgment as written was incorrect and requires reversal. (Supreme Court of Appeals, 2nd Civil Chamber, Decision No. 2016/4946, Case No. 2015/15862, Dated 15.03.2016)
5. Article 149/2 of the Turkish Civil Code provides that “if a person marries under a mistake concerning a quality of the spouse which is of such importance that, had they known of its absence, living together would have been intolerable for them,” and Article 150/2 of the same Code provides that “if a disease that poses a serious danger to the health of the plaintiff or their descendants has been concealed from them,” the marriage may be annulled. From the collected evidence, it has been established that the defendant’s skin disease (psoriasis) is not contagious, is treatable, and does not pose a serious danger to the health of the descendants. Therefore, the situation does not meet the conditions stipulated in either of the aforementioned articles. Accordingly, the plaintiff’s claim should have been dismissed, and issuing a judgment as written was improper, requiring reversal. CONCLUSION: For the reasons explained above, the appealed judgment is hereby REVERSED. (Supreme Court of Appeals, 2nd Civil Chamber, Decision No. 2006/12979, Case No. 2006/5711, Dated 03.10.2006)

ANTALYA FAMILY LAWYER – ANNULMENT OF MARRIAGE CASE

The annulment of marriage case is an important legal process aimed at terminating a marital union due to unlawful or invalid conditions. Taking the correct legal steps in this process is crucial for protecting both material and moral rights. Working with a lawyer who specializes in marriage annulment ensures that the case proceeds correctly and efficiently.

An experienced Antalya lawyer provides professional support at every stage — from preparing the petition and collecting evidence to managing the court proceedings and handling potential appeals. In this way, the risk of loss of rights is minimized, and the annulment process can be completed smoothly and effectively.