Invalidity of marriage and its legal consequences

Marriage is a contract specific to family law established by two persons of different genders who simultaneously appear before an authorized marriage officer and explicitly declare their intention to marry. Provisions regarding the invalidity of marriage are set forth in the Turkish Civil Code. The realization of marriage requires the existence of certain elements. The absence of these elements leads to the nullity of the marriage. Since a marriage subject to the sanction of nullity is considered never to have occurred, there is no need to file a lawsuit. Where a marriage possessing constitutive elements fails to satisfy the conditions required by law, the invalidity of the marriage becomes relevant. The invalidity of marriage is divided into two categories: absolute nullity and relative nullity. While absolute nullity renders a marriage invalid due to reasons pertaining to public order, relative nullity leads to the invalidity of marriage on account of the interests of the parties. An invalid marriage produces all the legal consequences of a valid marriage until a nullity judgment is rendered. Therefore, the consequences arising from the invalidity of marriage with respect to spouses and children are of significance. The consequences produced by the invalidity of marriage with respect to spouses encompass personal status, matrimonial property regime, claims for damages, and maintenance obligations. The legislator adopts the principle of protecting the spouse acting in good faith in regulations concerning spouses. On the other hand, the legal consequences of the invalidity of marriage with respect to children is also a matter requiring consideration. Issues such as the determination of filiation, the personal status of the child, custody rights, personal relations, and maintenance obligations are regulated taking into account the best interests of the child. In this regard, the determination of the elements constituting the invalidity of marriage and the correct application of their legal consequences are of importance.