Family

Adultery

A married person's voluntary sexual relations with someone other than their spouse, an absolute ground for divorce under the Civil Code.

All terms

Adultery is a married person's voluntary sexual relationship with someone other than their spouse. The Civil Code treats it as a specific and absolute ground for divorce: once proven, the judge grants the divorce without separately examining whether the marriage has broken down.

The right to sue is time-bound, with a short period running from discovery and an outer long-stop period, and a spouse who has forgiven cannot sue. As direct proof is difficult, courts accept indirect proof through strong and convincing indications; messages evidencing an ongoing relationship, photographs and hotel records are among the evidence considered.

The unfaithful spouse is deemed gravely at fault, shaping the outcomes on damages and maintenance. The Code further allows the court, in divorces on this ground, to reduce or eliminate the faulty spouse's participation claim in the property regime. The act is not a criminal offence in Türkiye.

Statutory basis

  • TMK m.161

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.