Iddat period is the 300-day waiting period regulated in TMK Article 132 for a woman whose marriage has ended to remarry. The period is foreseen to avoid interference with paternity.
Legal Regulation: TMK article 132
"If the marriage has ended, the woman cannot marry unless three hundred days have passed since the end of the marriage. The period ends when she gives birth. If it is understood that the woman is not pregnant from her previous marriage or if the spouses whose marriage has ended want to marry each other again, the court removes this period."
Automatic End of the Waiting Period
- Birth: The period ends automatically when the woman gives birth.
- Remarriage to the same person: The period does not apply.
Case for Removal of Waiting Period
If the woman proves that she is not pregnant by applying to the court, it is decided to abolish the period. The case is subject to simple trial procedure and is usually concluded in a single hearing.
Required Documents
- Final version of the divorce decision
- Health report ("not pregnant" report from the gynecologist)
- Civil registration sample
Jurisdictional and Competent Court
- Officer: Family Court
- Authority: Plaintiff's place of residence
Constitutional Court Discussions
In the debate on whether the regulation of the waiting period constitutes "gender-based discrimination" or not, the Constitutional Court has dissenting opinions that this period should be questioned in terms of the "proportionality" principle in the presence of modern medical facilities (DNA test, pregnancy test). The regulation is in effect; However, legal changes are awaited for its removal.
If a marriage is made against the waiting period
A marriage made during the waiting period is not invalid; However, presumption problems may arise regarding who the father of the unborn child is. It is resolved through a family dispute.
The case for the removal of the waiting period will be concluded in a short time. Getting lawyer support will help speed up the process.