What Is Divorce on the Ground of Attempt on a Spouse's Life? Conditions, Evidence and Legal Process
An attempt on a spouse's life is a special ground for divorce that arises where one spouse intentionally engages in conduct aimed at ending the life of the other spouse. According to the uploaded source, it is regulated under Article 162 of the Turkish Civil Code and constitutes a special and absolute ground for divorce.
Because it is an absolute ground for divorce, once the relevant conduct is established, the court does not additionally need to determine whether the marital union has become intolerable.
What Is a Family Lawyer?
A family lawyer provides legal advice and representation in matters including:
- Uncontested divorce,
- Contested divorce,
- Special grounds for divorce,
- Alimony,
- Child custody,
- Compensation,
- Division of matrimonial property.
What Constitutes an Attempt on a Spouse's Life?
This ground for divorce concerns intentional conduct by one spouse aimed at ending the life of the other spouse.
According to the uploaded source, the conduct must be directed against the spouse's life and must involve the necessary intent.
Not every act of violence between spouses automatically constitutes an attempt on life.
Is It an Absolute Ground for Divorce?
Yes.
The uploaded source identifies an attempt on a spouse's life as a special and absolute ground for divorce.
Accordingly, where the relevant conduct is proven, the court does not separately examine whether the marriage has irretrievably broken down.
Does Death Have to Occur?
No.
The relevant issue is whether intentional conduct aimed at ending the other spouse's life occurred. The spouse does not have to die for this ground for divorce to become relevant.
Is Every Act of Physical Violence an Attempt on Life?
No.
Physical violence and an attempt on life should not automatically be treated as equivalent.
The nature of the conduct, the circumstances in which it occurred, and whether it was directed toward ending the spouse's life must be assessed in each individual case.
How Can the Conduct Be Proven?
Depending on the circumstances, relevant evidence may include:
- Witness statements,
- Medical records,
- Police records,
- Criminal investigation or prosecution files,
- Written or digital evidence,
- Other lawfully obtained evidence relating to the incident.
The court evaluates the available evidence as a whole.
Criminal Proceedings and Divorce Proceedings
Conduct amounting to an attempt on a spouse's life may also have consequences under criminal law.
Criminal proceedings and divorce proceedings are separate legal processes. However, evidence contained in a criminal investigation or prosecution file may become relevant to the divorce proceedings depending on the circumstances.
Filing Period
Because an attempt on life is a special statutory ground for divorce, applicable filing periods must be carefully observed.
The date of the incident, when the other spouse became aware of it, and the parties' conduct following the incident may therefore be legally significant.
Effect of Forgiveness
Whether the affected spouse forgave the other spouse following the incident may also affect the legal assessment.
For this reason, the events following the alleged attempt on life should be considered together with the original incident.
Attempt on Life and Irretrievable Breakdown of Marriage
An attempt on life is a special and absolute ground for divorce, whereas irretrievable breakdown of marriage is a general ground.
Where an attempt on life is established, there is no additional requirement to prove that continuation of the marriage has become intolerable.
Compensation
Where the statutory requirements are satisfied, claims for pecuniary and non-pecuniary compensation may also arise in connection with the divorce.
The nature of the conduct and the spouses' respective fault may be relevant when such claims are assessed.
Alimony
Depending on the circumstances, divorce proceedings may also involve claims for:
- Temporary alimony,
- Poverty alimony,
- Child support.
The applicable type and amount depend on the legal and factual circumstances of the parties.
Child Custody
Where the spouses have children, custody is determined primarily according to the best interests of the child.
The court may consider the child's needs, relationship with each parent, living circumstances, safety, and the potential effect of the events between the spouses on the child.
Conclusion
An attempt on a spouse's life is regulated under Article 162 of the Turkish Civil Code as a special and absolute ground for divorce. It concerns intentional conduct by one spouse directed at ending the life of the other spouse. Once this ground is established, there is no separate requirement to prove that the marital union has irretrievably broken down.