Turkish Family Law and Divorce in Turkey
Marriage is the foundation of Family Law, while divorce is the dissolution of it. Divorce represents a significant turning point in the lives of the spouses and any joint children, so it is essential that the divorce case and the management of the divorce process are handled in a professional manner. To ensure the protection of rights and prevent economic problems for the spouse and children, we recommend seeking the support of a professional Turkish Family Lawyer and Turkish Divorce Lawyer, especially in contested and uncontested divorce cases.
The Turkish Law Office, located in Antalya, comprises of English, Dutch, German speaking Turkish Family Law Attorneys and Divorce Lawyers with extensive knowledge and experience in various aspects of Turkish Family Law and Turkish Divorce Law, including, but not limited to, contested and uncontested divorce cases, recognition and enforcement of foreign divorce decisions, child custody, child support, and alimony.
How to get divorced from your Turkish Partner as a foreigner?
There are two ways to divorce a Turkish partner. One option is to file for divorce in Turkey, or you can initiate a divorce lawsuit in your own country and then file for recognition and enforcement of the foreign divorce decision in Turkey.
- Lawsuit for Divorce in Turkey
In Turkey, there are two main categories of divorces: contested and consensual. A contested divorce can take several years to become final, while a consensual divorce can be completed in a matter of weeks.
In a consensual divorce, the parties agree on the terms of the divorce in a divorce settlement agreement. This agreement must include information about the couple’s children and their custody, if applicable, information about child and spousal support and maintenance, information about the division of assets obtained during the marriage, and any other relevant information agreed upon by the spouses.
It is important to note that some couples may try to save money by having one spouse hire an attorney to prepare the written settlement document. However, a lawyer can only represent one spouse’s interests, which means the other spouse may be at a disadvantage in this situation. Additionally, the court will only ratify the divorce settlement agreement if it determines that the provisions concerning custody and financial issues in the agreement are fair. It is recommended to seek the help of a professional Turkish Family Lawyer and Divorce Lawyer to act as a mediator in the process and prevent any loss of rights and economic problems for the spouse and children.
Please note that not every uncontested divorce is the same, and the process may not always run smoothly. It is typically simpler when a couple has no minor children and few assets, including no real property such as homes or rental properties. It also works best if each spouse is self-supporting or capable of becoming self-supporting.
Therefore, we advise consulting a Turkish Family and Divorce Lawyer to draft the divorce settlement agreement and to work with a Turkish Family Law and Divorce Law Attorney in Turkey for legal support. The Turkish Legal Office consists of English, Dutch, German speaking Turkish Family Law Attorneys and Divorce Lawyers who can assist in the entire process, including drafting, reviewing, translating the necessary documents, and guiding you through court proceedings.
Contact us today for a free consultation.
Contested Divorce
In the event of failure to reach agreement with the other party on matters related to the divorce, such as material and moral compensation, alimony, custody, division of household items, et cetera, a contested divorce must be initiated. According to the Turkish Civil Code (TCC), there are two types of grounds for contested divorce: general and specific grounds.
In case of failure to agree with the other party regarding the divorce matters such as material and moral compensation, alimony, custody, sharing of household items, et cetera, a contested divorce needs to be started. As metioned before, under the Turkish Civil Code (‘TCC’), there are two grounds for contested divorce: general and specific grounds.
General grounds for contested divorce under the TCC include, for example:
- Adultery; adultery is regulated under Article 161 of the TCC. Adultery is a clear violation of the spouses’ obligations of loyalty towards each other.
- Any attempt to harm or cause significant mental or physical stress. Under this ground, the spouse also has the right to file a criminal complaint to the prosecutor.
The general grounds for divorce are those that are not explicitly stated under the Turkish Civil Code (TCC). These reasons can include, but are not limited to, disputes due to temperament, insults, violence, disturbing behaviour, and failure to fulfil marital obligations. It should be noted that these grounds are not limited and can include any other reason that may be deemed as a valid reason for divorce by the court.
Specific grounds for contested divorce under the TCC include, for example:
- Committing a humiliating crime and unreasonable behaviour
- Desertion
- Mental disease
Please note that it is important to consult a Turkish Family and Divorce Lawyer for legal support and guidance throughout the process.
Participation in Acquired Property Regime
After 1 January 2002, the regime of participation in acquired property in Turkey has been applied. If the spouses do not wish to be subject to the legal marital property regime, they can choose a separate property regime. In the acquired property regime, the assets and debts of the spouses are calculated based on the date of acquisition. According to Article 218 of the TCC, there are three types of property: acquired property, personal assets, and shared property. A case concerning property division in Turkey must be opened within 10 years of the finalization of the divorce decision (Article 146 TCC). The family court is the competent court for handling property sharing cases between spouses.
Child Custody
The TCC stipulates that both the mother and the father have custodial rights in Turkey from the birth of a child until they reach 18 years of age. In the event of a divorce, custody is given to one parent if the child was born during the marriage. The judge must decide which parent will have custody of the child. In making this decision, the court must take into account the child’s best interests, including their development and well-being. Factors such as the social, economic, and cultural conditions of the parents are also taken into consideration. The court may also consider the child’s own preferences and ask them which parent they wish to live with. In cases where the child’s interests conflict with those of the parents, the child’s interests are given priority. With respect to young children, the courts typically award custody to the mother. However, if the mother is unable to ensure proper education and living for the child, the father may be awarded custody. Even when one parent is awarded sole custody, the other parent is still granted the right to maintain a “personal relationship” with the child through a visitation right (Article 323 TCC). Additionally, if a child is born outside of marriage, an unmarried mother has sole custody of the child, even if the father is listed on the birth certificate (Article 323 TCC).
Alimony
In divorce proceedings in Turkey, alimony may be requested in order to support one of the spouses or children. The family court can decide on the following types of alimony:
- Precautionary Alimony (tedbir nafakası) in Turkey: The court decides on this type of alimony as a precaution to ensure the livelihood of any spouse or underage children (under 18) during the divorce proceedings.
- Participation Alimony (iştirak, katılım nafakası) in Turkey: With the finalization of the divorce case, the precautionary alimony ends. As a rule, spouses must participate in the expenses of the child in proportion to their financial situation. Alimony paid for the expenses of the child paid by the spouse who does not have custody over the child is called participation alimony.
- Poverty Alimony: Under Turkish Divorce Law, the party who will fall into poverty due to divorce may request alimony from the other party for an indefinite period of time, provided that their fault is not more severe (Article 175 TCC).
Recognition and Enforcement of Foreign Divorce Decisions in Turkey
In accordance with the principles of international law, the decisions made by a country’s court are only valid within the borders of that country. For example, if a divorce judgment is obtained from a German court, it is only binding in Germany. In order for a foreign divorce judgment to have legal consequences in Turkey, it must be recognized through the divorce recognition process. This means that in order for one of the divorced parties in a foreign country to remarry in Turkey, the foreign divorce decision must first be recognized by the Turkish Family Court.
What are the conditions for the recognition of Foreign Divorce Decisions in Turkey?
The main conditions for the recognition of foreign divorce decisions are as follows:
- There must be a decision made by a foreign court
- The relevant divorce decision must be finalized
In the event that a divorce decision made by a foreign court only contains provisions regarding the divorce, it is sufficient to recognize and register the decision. However, if the decision also includes provisions on matters such as custody, alimony, compensation, and property division, enforcement of these issues will also be required. In order to execute a divorce decision given by a foreign court, an enforcement decision from the Turkish Family Court must be obtained.
Turkish Family and Divorce Lawyer in Antalya
If you are facing divorce in Antalya, Turkey, it is important to familiarize yourself with the process by seeking the advice of a qualified attorney who has experience handling divorce cases. The regulations concerning Turkish Family Law and Turkish Divorce Law can be complex, so it is important to work with an attorney who is familiar with these laws. The Turkish Legal Office is a dedicated divorce lawyer in Antalya that specializes in all areas of family law, including uncontested divorce cases, recognition of foreign divorce decisions, child custody, child support, and alimony. If you are facing a divorce or have questions related to family law and are unsure of what to do, we encourage you to contact our office for a free consultation.