Are Bank Accounts Examined in Turkish Divorce Cases?

Bank Accounts in Divorce Cases

Divorce cases are a complex legal process that regulates not only the physical separation of spouses but also their financial separation. During this process, the financial situations of the spouses and the assets they acquired during the marriage are carefully examined. As part of these examinations, the bank accounts of the spouses also play an important role. In this article, we will discuss how bank accounts are examined in divorce cases, in which situations they are subject to division, and what steps can be taken regarding these accounts within the legal framework.

Examination of Bank Accounts in Divorce Cases

Bank accounts are examined in divorce cases to determine the financial situation of the spouses and to ensure a fair division of property. Bank accounts are generally evaluated by being divided into two categories as personal property and acquired property.

Personal property refers to assets acquired before marriage or assets obtained during marriage through means such as inheritance or donation. Such assets are generally excluded from division in the divorce process.

Acquired property refers to assets obtained through the joint contributions of the parties during the marriage, and these assets are equally divided in case of divorce.

The money accumulated by the spouses during the marriage is generally considered as acquired property and these accounts are examined and divided between the parties during the divorce case process. The court may request a detailed examination of these accounts and make a fair decision on the division of the amounts in these accounts by analyzing the account movements. For example, situations such as transferring or withdrawing part of the money accumulated during the marriage to another account are carefully examined by the court.

The decree of the 2nd Civil Chamber of the Supreme Court dated 04.02.2010 and numbered 2010/1784 provides an important precedent on how the money in bank accounts should be evaluated within the framework of the property regime during a divorce case. According to the decision, the finalization of the divorce judgment is required for the termination of the property regime between the spouses. Therefore, it is not possible to examine the participation claims for acquired property in bank accounts before the divorce case is finalized. The court ruled that in cases where such claims are combined with the divorce case, it is against the law to establish a judgment on the merits without separating the case and waiting for the divorce decision to be finalized. This decision serves as an important guide for the protection of financial rights in divorce cases.

Confidentiality of Bank Accounts and Court Requests

In Turkish law, the confidentiality of banking transactions is essential according to Article 73 of the Banking Law. According to this regulation, banks cannot share their customers’ account information and trade secrets with third parties. However, this confidentiality rule can be flexed at the request of courts in legal processes such as divorce cases.

Courts can request account information from banks to determine the financial situation of the parties and to make a fair division of property. In this case, banks are obliged to provide customer information in accordance with the court’s request. This information is vital, especially in property division cases, for a full understanding of the parties’ financial situations.

Placing Injunction on Bank Accounts

In divorce processes, it is common to encounter attempts to hide assets, such as one spouse secretly withdrawing money from a bank account or transferring it to another account. In such cases, the aggrieved party can request the court to place an injunction on bank accounts.

An injunction order means freezing the money in the other spouse’s bank account until the divorce process is completed. This injunction allows for the prevention of attempts to hide assets and the fair distribution of the money in the accounts.

When evaluating this request, the court considers between which dates the accounts were opened, in which periods the money was deposited into the account, and when it was withdrawn. If it can be proven that the money falls within the scope of acquired property during the marriage, then a decision can be made to place an injunction on the accounts.

The decree of the 11th Civil Chamber of the Supreme Court dated 18.06.2015 and numbered 2015/8461 emphasizes the importance of placing an injunction on bank accounts during the divorce process. In the decision, it is stated that in case of unilateral withdrawal of money from a joint account, the bank is obliged to comply with the injunction order. In the concrete case, the defendant bank’s payment of a large part of the money in the account despite the injunction order was considered as a breach of contract by the bank. The Supreme Court stated that disputes between joint account holders should be resolved between the parties rather than by the bank, and overturned the decision based on insufficient examination. This decision is an important guide on how to apply injunctions on bank accounts.

Status of Bank Accounts Abroad

In divorce cases, bank accounts of spouses located abroad may also come into question. In such cases, it is possible for Turkish courts to detect and make the money in bank accounts abroad subject to division.

Courts can determine in which bank or banks the spouses have accounts by requesting a report from the Banks Association of Turkey, and evaluate whether the money in these accounts falls within the scope of acquired property during the marriage.

Especially bank accounts opened with the motive of investing abroad can be an important topic of discussion in the divorce process. The claims of spouses on bank accounts abroad are generally evaluated in accordance with the laws of the relevant country, but the division of these accounts is also in question in divorce cases opened in Turkey.

Practices Regarding Bank Accounts After Divorce

The examination of bank accounts in divorce cases may continue even after the divorce process is completed. Courts clarify the division between the parties by examining bank accounts in detail during the property regime liquidation case.

Especially bank movements made after the divorce case is filed are carefully examined by the court. If a spouse withdrew money from the bank or transferred it to another account during the divorce process, this situation is evaluated by the court and these transactions are taken into account within the scope of property division.

 

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