Can a Finalized Divorce Decree Be Appealed in Turkish Law?
Objecting to a finalized divorce decree is possible within a very limited scope in the Turkish legal system. Finalized decisions are those where all ordinary legal remedies such as appeal and cassation have been exhausted, meaning there are no stages left for objection. In this case, an objection through ordinary means is not possible. However, an application for “retrial” can be made as an extraordinary means to annul a finalized decision.
Retrial
Retrial is an extraordinary legal remedy that can be resorted to under very special conditions. These situations include:
- Significant errors or deficiencies in the judge’s decision,
- The court not being legally constituted,
- One of the parties using false witnesses or presenting fabricated evidence.
In the presence of such circumstances, a retrial can be requested within 3 months from the notification of the decision.
Annulment of a Finalized Divorce Protocol
The mutual divorce protocol regulates the legal and financial consequences agreed upon by the parties during the divorce process. After the divorce decree is finalized, it is not possible to annul this protocol. However, if there were defects of consent such as deception, mistake, or intimidation at the time the agreement was made, the annulment of the protocol can be requested based on these circumstances.
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Can a Finalized Divorce Decree Be Appealed in Turkish Law?
