Finality condition will not be required for jewelry claims in divorce cases
The Court of Cassation reached a precedent-setting decision regarding the collection of jewelry claims awarded in divorce cases, announcing that finalization of the divorce decree is not required to put these claims into execution.
The 12th Civil Chamber of the Court of Cassation signed a precedent-setting decision concerning millions of citizens regarding the collection of jewelry claims in divorce cases. The Supreme Court ruled that the court decision regarding the jewelry claim does not require the finalization of the divorce decree in order to be put into execution.
A couple who decided to get a divorce after years of marriage ended up in court over gold jewelry. Despite the 1st Family Court's decision regarding the jewelry claim, the woman, unable to get her gold, initiated enforcement proceedings against her ex-husband. Applying to the Enforcement Court, the ex-husband objected to the enforcement proceedings by pointing out that the divorce case had not been finalized, and argued that claims of an accessory nature cannot be demanded before the divorce decree becomes final, requesting the cancellation of the proceedings.
Upon the Enforcement Court's dismissal of the complaint, the plaintiff husband carried the decision to the regional appeals court. The 8th Civil Chamber of the Regional Court of Justice emphasized that the enforcement of the return of jewelry and trial expenses was requested in the proceedings. The Chamber ruled that jewelry claims do not create a change in the personal status of the parties, that they are rulings regarding performance that affect assets and are independent of rather than being an accessory to the divorce decree, and thus it is possible to put them into execution without waiting for finalization.
The plaintiff husband, failing to get the desired result from the Regional Court of Justice, appealed the decision. Reviewing the file, the 12th Civil Chamber ofතික Court of Cassation found the Regional Court of Justice's decision to be in accordance with the law. Stating that jewelry claims do not cause any change in the personal status of the parties and only affect their assets, the Supreme Court upheld the decision that these claims can be executed even if the divorce ruling has not been finalized.