Marriage Annulment Due to Psychiatric Disorders: An Analysis Under Turkish Civil Law

Objective: There is a limited body of research examining divorce cases in which mental illness or mental weakness is the basis for divorce. This study aimed to examine the legal and psychiatric aspects of cases in which our institution was requested to evaluate cases with the claim of mental illness or mental weakness during the divorce process.Method: The records of individuals referred to the Psychiatric Observation Department of the Forensic Medicine Institute by the courts between 2018 and 2023 and evaluated under the scope of Articles 145 and 165 of the Turkish Civil Code (TCC) were retrospectively analyzed.Results: A total of 34 cases were included in our study. Among these, 21 cases (61.8%) involved individuals with a psychiatric disorder that made the marriage intolerable, as defined by Article 165 of the TCC. The most common diagnosis in these cases was schizophrenia spectrum disorders, followed by intellectual disabilities. The petitions cited reasons such as an inability to fulfill marital obligations, the presence of psychiatric symptoms, and incidents of violence. Additionally, 41.2% of the cases resulted in nullity decisions under Article 145 of the TCC.Conclusion: The findings indicate that individuals diagnosed with serious mental disorders, such as schizophrenia spectrum disorders, may experience significant challenges in maintaining a stable and fulfilling marriage. These challenges may lead to a deterioration in the marriage and an accelerated rate of divorce. It was established that individuals with a serious mental illness or mental weakness may encounter challenges in fulfilling their marital responsibilities, may experience difficulties due to psychiatric symptoms, may engage in violence, and that this may ultimately result in a decision to divorce.