Sexual incompatibility between spouses is not considered a direct reason for divorce, but can be evaluated within the scope of "shaking the foundations of the marriage union" (TMK art. 166).
Sexual Problems
- Sexual incompatibility
- Avoiding sexual intercourse (permanent)
- Sexual abuse/coercion
- Sexual inadequacy
Legal Approach
- Pure sexual incompatibility is insufficient
- Together with other elements of incompatibility
- Evaluation of "shaking the foundation of the marriage union"
Sexual Violence
- Sexual assault between spouses is a crime (TCK art. 102)
- 6284 protection order
- Open for divorce reason
Proof
- Witness (close family, friend)
- Health report
- Message
- Psychologist's opinion
Supreme Court 2. HD
2. HD adopts that when sexual problems are evaluated as a reason for divorce, "continuity" and "together with other elements of discord" should be examined.
Pecuniary Compensation
- High moral compensation if there is sexual abuse
- Attack to the honor of the spouse
- TMK art.174 + TBK art.49
Family law lawyer recommended.