The Conditions Of Obtaining Spiritual Damages In Divorce Lawsuit
There are some outcomes related to kids and couples in terms of financial consequences of divorce for spouses are financial compensation, moral compensation and welfare allowance
In this article, the subject of moral compensation will be examined, and financial compensation and welfare allowance will be examined extensively in another article. Demanding spiritual damages depend on conditions illustrated below;
The spouse whose have mental disorder due to the events in the divorce, can demand spiritual damages compensation from the other.
Conditions For Compensation
- The spouse whose demand spiritual damages, should be less negligent or blameless otherwise, these who are gross negligent or full negligent, equally negligent , can not demand spiritual damages compensation from the other.
- One of spouse must be negligent so as to be demanded compensation against of him/her.
- The condition of damage must be taken place which means, personal rights of one of spouse whose have demanded spiritual compensation, must be harmed due to divorce.
- Causal relation must be occurred by depending on divorce reason. Under other circumstances, in case of mental disorder is not dependent on the cases which issued at divorce lawsuit, spiritual damages compensation cannot be demanded.
- Unlawfulness condition must be taken place in the case. The damage must be occurred in the consequence of the party of wrongful act which from whom the compensation has been requested. Besides compensation is not given without unlawfulness condition. For instance, Provided that reconciliation, forgiveness, tolerance which have been used one time during the conjugal union,in such circumstances the compensation shall not be given by basing on reasons illustrated above. Requests for Spiritual damage compensations, which are an annex to divorce, are not subject to charges. However, the family court is not in charge in an independent non-pecuniary damages case that is not an annex to the divorce. Nevertheless, The case which is supposed to lawsuit to the civil court of first instance, is chargeable.
- There must be demand done by one of parties in order to be obtained spiritual compensations which shall be provided on request.
- The case must end in divorce, meaning that if the judge dismissed it in the divorce case, compensation cannot be given.
Authored By Solicitor Penbe Üner Keskin
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