Can intimate problems be a reason for the divorce?

reasons for the divorce in Turkey
sexual relationships

The undeniable truth is that in the marital union besides love and respect a very important factor is the sexual compatibility of spouses. In this article, we will try to explain in terms of legislation, which problems of intimate nature can become the reason for a married couple to divorce in Turkey.

Inability to establish sexual relations between spouses.

According to the Supreme Court’s decree, one of the important responsibilities of spouses in marriage is to enter into an intimate relationship with each other, so in case of failure to establish these relationships, the further existence of such a marriage will not bring benefits to spouses and they need to file for divorce.

In addition, according to these regulations, if one of the spouses is unable to enter into an intimate relationship, this fact must be proven by medical methods.

For example, if such sexual disorders as vaginismus or impotence are declared as a reason for the divorce, before making a decision, the court  must request a medical examination, take into account the presence or absence a spouse’s intention to be treated, if necessary, hear the doctor as a witness. In addition, a spouse whose sexual behavior is abnormal and contradicts to generally accepted standards of morality will be claimed as the “guilty party” in a divorce process. Forcing to the unwanted type of sexual contacts or sexual violence may serve as objective grounds for divorce as well.

One of the contentious issues in the Turkish legislation: if the spouse is paralyzed, or for some other medical reason, loses the ability to lead a healthy sexual life, can this fact be considered as a fair cause for the other spouse to get a divorce?

According to the decision of the Supreme Court, according to obligations of the spouses to be faithful in marriage and the inviolability of marriage vows, such a ground for divorce is unreasonable. However, in practice there are cases where the decision can be appealed.

In case of disclosure of family secrets and the intimate details of one of the spouses, as well as sharing the information of intimate nature in the Internet, the spouse will also be a guilty party in a divorce. Another decision of the Supreme Court of Turkey adopted in 2015, claims that if one of the spouses is over-active in social networks and is not able to pay enough attention to the family because of the constant correspondence on the Internet, the other spouse has a legal basis to obtain a divorce.