DIVORCE AND FAMILY LAW

Since the family is the foundation of the state and society, the state has to take the necessary economic, social and legal measures for the healthy functioning of the family. As a matter of fact, in Article 41 of our Constitution, titled "Protection of the Family", it is stated that the family is the foundation of Turkish society and that the state will take the necessary measures and establish the necessary organization for the peace and welfare of the family, especially for the protection of the mother and children. Likewise, in the German, Austrian and Swiss legal systems, it has been accepted that the family is the basis of society, and therefore, the necessity of connecting the disputes arising from family law to different procedural principles compared to the disputes arising from other legal relations. Because of the importance of the family in the social life, the legislators have subjected the family law disputes to different provisions than the disputes arising from other legal relations. In these cases, it is seen that more powers and obligations are placed on the judge in order to protect the family. The judge has to be much more active in these cases than in other civil cases.