In this study, the question of “whether previously forgiven behaviors can be asserted as fault in a divorce case” will be examined in light of the presented decisions of the 2nd Civil Chamber of the Court of Appeals. In divorce cases under the Turkish Civil Code, the concept of “fault” plays a central role in evaluating the events that cause the marital union to be fundamentally shaken and in determining the financial consequences of divorce (compensation, alimony, etc.). The examined decisions reveal the Court of Appeals’ established and consistent jurisprudence on this matter, and detail the legal consequences of the fact of “forgiveness” or “tolerance”.

1. Fundamental Principle: Forgiven or Tolerated Behaviors Cannot Be Attributed as Fault in a Divorce Case

The 2nd Civil Chamber of the Court of Appeals consistently emphasizes that the forgiving or tolerant attitude displayed by spouses while the marital union continues cannot be used against them in a divorce case. This principle has been formulated in many decisions as follows: “Behaviors that have been forgiven or tolerated cannot be attributed as fault to the other party in a divorce case, and a divorce decree cannot be issued based on them.” (Yargıtay 2. HD, 2015/8160 E., 2015/22652 K.) This rule aims to protect the effort to maintain the marital union and the parties’ will to reconcile. When spouses decide to overcome problems and continue the union, it legally renders past events “ineffective”” .

2. Indicators of Forgiveness or Tolerance

Courts determine the existence of forgiveness or the display of tolerance based on various specific circumstances. According to the examined decisions, the most common indicators of forgiveness are:

-The parties reconciling and continuing to live together after the faulty conduct.

-Waiver of a previously filed divorce lawsuit.

-The parties continuing the marital union for a long period after the faulty conduct occurred.

-The parties coming together and maintaining the marital union even after the lawsuit is filed (including sexual relations).

For example, in one decision, it was stated that “after the behaviors attributed as fault to the defendant wife, the marital union was maintained by the parties; thus, it is understood that these faulty behaviors were forgiven, or at least tolerated, by the plaintiff husband” (Supreme Court 2nd Civil Chamber, 2009/17411 E., 2010/21061 K.), and the fact of continuing to live together was deemed sufficient for forgiveness.

3. Legal Consequences of the Rule

The non-acceptance of forgiven events as fault directly affects the merits and outcomes of the case:

Rejection of the Case: If all fault allegations relied upon by the plaintiff consist of events that have been forgiven or tolerated by the defendant, and no new faulty conduct can be proven, the divorce case must be dismissed.

Impact on Compensation Claims: Fault forms the basis of material and moral compensation claims. If a spouse cannot be found at fault due to forgiven acts, the other spouse’s compensation claims will also be unfounded. Indeed, in a decision, “the defendant husband’s faulty conduct could not be proven. Therefore, material and moral compensation cannot be awarded against the defendant husband.” (Supreme Court 2nd Civil Chamber, 2016/15574 E., 2018/2038 K.) this connection was clearly established.

Although Supreme Court decisions establish a general principle, there are important details and different perspectives to consider in its application.

4. Existence of New Faulty Behaviors After Forgiven Incidents

Forgiveness or tolerance does not constitute a “blank check” for future faulty behaviors. The scope of forgiveness is limited only to the incidents that were forgiven or tolerated. If, after these incidents, a new faulty behavior occurs that fundamentally shakes the marital union, this new behavior can certainly be put forward as fault in a divorce case. This point has been emphasized in many decisions with the following statement: “After the parties came together, no faulty behavior requiring divorce on the part of the parties could be proven.“ (Supreme Court 2nd Civil Chamber, 2016/16616 E., 2018/5060 K.) This statement implies, “if it had been proven, the situation would be different.” Therefore, what is decisive in the case is whether there is a new and proven fault attributable to the parties after the forgiven incidents.

5. Scope of Forgiveness: Is Every Behavior Forgivable?

In Supreme Court decisions, even severe faults such as physical violence, infidelity, and insult have been considered forgiven if the marital union continued afterwards. For example, in a case filed four years after an infidelity incident, the Supreme Court concluded that “it must be accepted that the man had forgiven, or at least tolerated, the incident attributed to the woman as a fault, and that it could not be attributed to the woman as a fault” (Supreme Court 2nd Civil Chamber, 2020/3214 E., 2020/5462 K.). However, in one decision (Supreme Court 2nd Civil Chamber, 2024/3464 E., 2025/538 K.), it is observed that despite the forgiven behaviors not being counted as faults, the defendant could still be considered “fully at fault” due to their other culpable behaviors. This is an important detail showing that forgiveness only covers specific incidents and does not eliminate the existence of other faults.

Conclusion

As a result of the analysis of the presented Supreme Court 2nd Civil Chamber decisions, it is clearly seen that there is an established and strong jurisprudence regarding the principle that “behaviors previously forgiven cannot be put forward as fault in a divorce case”. Spouses reconciling and continuing the marital union, waiving a previously filed lawsuit, or continuing to live together despite culpable behavior, are legally accepted as “forgiveness” or “tolerance”, and these events prevent them from being considered faults in a divorce case.

However, this rule is not absolute. The most important exception to the rule is the emergence of new and proven faulty behaviors that fundamentally shake the marital union after the forgiven events. In such a case, these new events can be taken as a basis for divorce and fault determination. Consequently, each case should be evaluated within its specific circumstances; the existence and scope of forgiveness, and whether new faults have been committed after the forgiven events, should be carefully examined. An article suggestion.

Why is Expert Tuzla Lawyer Support Necessary?

The divorce process is not limited to an emotional separation but is also a process that entails serious financial and legal consequences. Especially when correct steps are not taken in important matters such as fault, alimony, and compensation, difficult-to-reverse loss of rights can occur. Therefore, seeking expert lawyer support during the divorce case process is of great importance for protecting your rights.

For individuals seeking a Tuzla lawyer, Orhanlı lawyer, Aydınlı lawyer, Tepeören lawyer, Gebze lawyer, Çayırova lawyer, and Şekerpınar lawyer, local legal knowledge and experience gained in regional courthouses provide a critical advantage. Since the functioning of each court and the practices of judges can differ, working with a lawyer who understands regional dynamics and specializes in family law ensures the healthy management of the process.

Forgiven Behaviors and Legal Strategy: The Role of an Expert Lawyer

It is a principle clarified by Supreme Court decisions that behaviors previously forgiven or tolerated in a divorce case cannot be put forward as fault. However, the application of this rule may vary depending on the content of the case file, evidence, and the timing of events. At this point, a Tuzla divorce lawyer or a Gebze family law lawyer operating in your region can determine the most suitable strategy by conducting a legal analysis.