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Annulment of Engagement: Return of Gifts, Material and Moral Compensation (2026) TMK art. Legal Nature of Engagement, Refund of Jewelry and Gifts, Marriage Preparation Expenses and One-Year Statute of Limitations within the Framework of Articles 118–123 have been updated as of 2026
Engagement is a family law relationship in Turkish law arising from the mutual promise of marriage; However, neither party can be forced to marry. Breaking off the engagement brings with it serious financial disputes: gold worn, items purchased, expenses incurred for the wedding, and damage to personal rights. TMK makes it possible to return unusual gifts and to request material and moral compensation from the party who broke off the engagement without just cause. All these claims must be brought in the family court within one year from the end of the engagement.
TMK m. According to Article 118, engagement is made with the promise of marriage. There is no formal requirement for a valid engagement; Wearing a ring, performing a ceremony or the participation of family elders provides ease of proof, but is not a founding element. What is important is the serious and mutual will of the parties to marry. Minors or those with limited discernment are not bound by engagement without the consent of their legal representatives.
TMK m. According to Article 119, engagement does not give the right to sue to force marriage. One of the parties can break the engagement at any time. The law evaluates not the violation itself, but whether the violation is based on a justified reason and the damages it causes.
Unusual gifts given to the other by one of the fiancées, their parents, or anyone acting as them, may be reclaimed if the engagement ends for a reason other than marriage. There is no fault to be found here: even the person who breaks off the engagement can ask for the gifts back.
Clothes, shoes (worn out by use) If it is not of ordinary nature, its current value is determined according to the unjust enrichment rule.
Special day gifts such as flowers, chocolates, birthdays The usual gift; cannot be requested back
White goods and furniture purchased for the shared house Return of property to whomever it belongs to; Otherwise, the issue of compensation
If the gift is not available in its original form (for example, the gold has been exchanged), the refund is made in accordance with the provisions of unjust enrichment and the person who is obliged to return it is responsible for the remaining part of the enrichment. If the engagement ends due to death, gifts cannot be requested back.
The party who breaks off the engagement without a justified reason or causes it to be broken off through fault is obliged to pay the other party, his/her parents or anyone acting like them, for the appropriate expenses and other financial losses incurred in good faith for the preliminary preparations for the marriage.
Losses such as leaving a job or moving to another city due to marriage.
In the practice of the Supreme Court, expenses incurred for the engagement ceremony itself are generally not considered within the scope of compensation since this ceremony is a completed social event. For compensation, expenses must be proven with documents and witnesses.
The party whose personal rights have been violated due to the termination of the engagement may request the payment of an appropriate amount of money as non-pecuniary compensation from the other party who is at fault. Breaking the engagement does not require moral compensation alone; The form or reason for the disruption must violate personal rights. Examples of this situation include breaking off the engagement days before the wedding and after the invitations are distributed, the other party having an affair with someone else, and humiliating the fiancee in front of the society.
TMK m. Pursuant to Article 123, lawsuit rights arising from the termination of the engagement become statute-barred after one year from the end of the engagement. Claims for the return of gifts and material and moral compensation are heard in the family court; In places where there is no family court, the civil court of first instance hears the case as a family court.
Three weeks before the wedding, the groom-to-be broke off the engagement without giving a justifiable reason. The bride-to-be's family paid a deposit for the wedding hall, purchased the wedding dress and distributed the invitations. At the engagement, the bride-to-be was given five bracelets and a set by the groom, and the bride's side gave the groom a watch as a gift.
TMK m for the bridal party, hall deposit and wedding dress fee. may request financial compensation within the scope of Article 120; Non-pecuniary damages are also on the agenda, as the cancellation made very shortly before the wedding and after it has been announced to the social circle, damages the personal rights of the bride-to-be. On the other hand, the groom's side may want the bracelets and set back, even if he broke off the engagement; The bride's side also demands the watch back. The parties may assert their mutual receivables in the same case by way of set-off.
Whose gold is worn during the engagement?
As a rule, gold worn during an engagement is considered donated to the person to whom it is worn; However, if the engagement is broken off, TMK art. According to Article 122, the wearer or his family may request their return. Engagement video and witness statements are important evidence to determine who wore it.
Can the party who broke off the engagement ask for their gifts back?
Yes. No fault is required in the return of gifts. However, the party who unjustly breaks off the engagement will also be subject to the compensation claims of the other party.
Are interruptions or interruptions considered engagement?
Any ceremony in which the will to marry is mutually and seriously expressed can be considered an engagement, regardless of its name. The evaluation is made according to the conditions of the concrete case.
When does the one-year period start?
The period runs from the date the engagement ends, that is, from the date the intention to break it reaches the other party.
Failure to document the seized gold with photographs, videos and witnesses.
Not keeping invoices and receipts for wedding expenses.
Missing the one-year statute of limitations by spending time in settlement negotiations.
Considering requesting the return of gifts independently of demanding compensation; All claims may be asserted in the same lawsuit.
Trying to ask for the usual gifts back and incurring the expense of litigation.
Breaking off an engagement often means a significant financial loss as well as an emotional break. Correct documentation of the jewellery, expenses and spoilage process and effective use of the one-year period are decisive in compensating the losses. Küheylan Law Firm handles the demands for return of gifts and material and moral damages arising from the termination of the engagement in a holistic manner, taking into account the mutual receivables of the parties, and secures the rights of its clients with a rapid solution.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Since each dispute involves unique facts, the file must be evaluated separately by a lawyer in order to avoid loss of rights in a concrete case. The legislation and case law information contained in the text is up to date as of the date of publication; subsequent changes may affect the result.
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