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The Turkish Court of Cassation ruled on the division of wedding gifts in divorce

The Turkish Court of Cassation ruled on the division of wedding gifts in divorce

August 26, 2024

The Court of Cassation signed a case law determining who will own money and gold and jewelry gifts for the wedding. According to the decision of the 2nd Civil Chamber of the Court of Cassation, the jewelry will now belong to the person to whom it was directly donated.

It was previously believed that all the jewelry that women wear belonged directly to the woman. Under the new regulation, jewellery will be considered to belong to the person whose name is written on it or to whom it was worn during the wedding ceremony.

The gender specificity of jewellery is another important point that is taken into account in decision-making. If the object has a gender identity, it is decided to give it to the person of the corresponding sex. For example, earrings or bracelets are considered feminine jewelry and will be given to a woman in the event of divorce. However, if there is any doubt about this, it is necessary to carry out an examination and determine the person who will get the jewelry.

In cases where the jewels are collected together, and not worn to the groom or bride during the wedding, they will be valued taking into account the gender difference. If there is no gender difference, then the collected jewelry and money will be recognized as common property and will be shared equally. This decision is considered to be a ruling in accordance with modern practice, as it was adopted taking into account contemporary wedding customs.

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