Divorce in Turkey for Foreigners: Legal Grounds, Process & Custody
Under Turkish law, marriage ends with the death or the declaration of absence of one of the spouses, or with the decision of divorce. Divorce in Turkey, which is the termination of marriage by court decision, is one of the most common cases in the field of family law in Turkey. Divorce cases in Turkey are also a type of case that includes many technical family law disputes, such as custody of the child, alimony, claims for material and moral compensation, and claims for division of property.
Therefore, it is essential that your divorce cases are handled by a divorce lawyer in Turkey from the beginning to the finalisation. In addition, the divorce of foreigners in Turkey should be conducted by a Turkish divorce lawyer in order to avoid mistakes within a different language, culture, and legal system.
As your divorce lawyer in Turkey, we, Viridis Legal Partners, stand by your side at every stage of your divorce case in Turkey.
Divorce In Turkey
Divorce in Turkey can be defined as a legal proceeding through which a married couple terminates their marital union and annuls their marriage contract before the law. According to the Turkish Civil Code, divorce must be granted by a court decision. Therefore, in order to get divorced in Turkey, it is mandatory to file a divorce case in Turkey. Unlike in some other countries, divorce in Turkey cannot be carried out before an administrative authority. Although the parties have the right to apply to a mediator to prepare a consensual divorce protocol, the only authority to decide on the divorce, in any case, is the court.
Types of Divorce In Turkey
Divorce in Turkey are mainly classified into two categories: uncontested (consensual) divorce cases and contested divorce cases. An uncontested divorce in Turkey can be defined as a divorce case that arises when the spouses jointly decide to divorce and reach a complete agreement on the consequences of the divorce. A contested divorce in Turkey, on the other hand, is a divorce case in which the spouses request a divorce based on special grounds for divorce or the general ground for divorce, and put forward claims regarding custody of the child, alimony, division of property, and material and moral compensation.
In uncontested divorce cases in Turkey, the spouses submit to the court an uncontested divorce protocol in which they have agreed on the divorce and on matters such as custody of the child, alimony, division of property, and claims for material and moral compensation.
Following the court’s approval of the protocol and its decision to grant the divorce, the spouses are divorced.
Uncontested Divorce in Turkey
Uncontested divorce in Turkey is regulated under Article 166/3 of the Turkish Civil Code.
“VI. Breakdown of the Marital Union
Article 166/3
…
If the marriage has lasted at least one year, and the spouses apply together or one spouse accepts the lawsuit filed by the other, the marital union is deemed to have been irretrievably broken down. In this case, for a divorce decision to be granted, it is required that the judge personally hears the parties and becomes convinced that their declarations of intent are made freely, and that the judge finds the arrangement regarding the financial consequences of the divorce and the situation of the children to be acceptable. The judge may make any changes deemed necessary in this agreement by taking into account the interests of the parties and the children. If these changes are also accepted by the parties, the divorce shall be granted. In this case, the provision stating that the declarations of the parties do not bind the judge shall not apply.
…”
In accordance with the given article for an uncontested divorce to take place, the spouses must have been married for at least one year, an agreement must have been reached between the parties, and this agreement must regulate the consequences of the divorce, in other words, material and moral compensation, alimony, custody of the child, and the establishment of personal relations with the child. This agreement is made within the scope of the uncontested divorce protocol in Turkish law. In addition, in an uncontested divorce case in Turkey, the parties must either apply to the court together to carry out the uncontested divorce procedure, or a case filed by one spouse must be accepted by the other spouse.
After the case is filed, the court sets a hearing date, and the spouses must reiterate their intention to divorce before the judge. If the judge finds the divorce protocol appropriate and determines that the decision to divorce is based on the free will of the parties during the hearing, the court grants the divorce.
Contested Divorce in Turkey
Contested divorce in Turkey can be defined as a divorce case in which the parties cannot reach an agreement on issues such as who is at fault in the events that led to the divorce, custody of the child, alimony, compensation claims, and division of property claims.
In Turkish law, in contested divorce cases, it is possible for the defendant spouse to simply request the rejection of the divorce claim filed by the other spouse, or alternatively, to file a counterclaim by alleging that the plaintiff spouse is more at fault in the events leading to the divorce, thus requesting the rejection of the plaintiff’s divorce claim and the acceptance of their own request for divorce.
Legal Grounds for Divorce in Turkey
Articles 161 and the following of the Turkish Civil Code regulate the legal grounds for divorce under Turkish law. In order, adultery; attempt on life, severe abuse or degrading treatment; committing a crime and leading an undignified life; abandonment; and mental illness are regulated as specific grounds for divorce. The general ground for divorce is stated under the breakdown of the marital union, also known as irreconcilable differences. In Turkish law, grounds for divorce are also grouped as relative grounds for divorce and absolute grounds for divorce. In divorce cases based on a relative ground for divorce, it is required not only to prove the existence of the ground for divorce but also to prove that it is no longer reasonable to expect the plaintiff spouse to maintain the marital union.
Divorce on the Grounds of Adultery In Turkey
Under Turkish law, adultery can be defined as one of the spouses violating the duty of fidelity by engaging in sexual intercourse with a person of the opposite sex. Article 161 of the Turkish Civil Code, which regulates divorce on the grounds of adultery, considers adultery as a special and absolute ground for divorce. In Turkey, in order to talk about adultery, the defendant spouse who is within the marital union must have engaged in sexual intercourse with a person of the opposite sex. Acts such as flirting, meeting, or kissing do not constitute sexual intercourse and therefore will not be considered adultery in Turkey. However, such behaviours may form the basis for filing a divorce case due to the breakdown of the marital union based on acts that undermine trust.
Proving adultery has significant consequences in divorce cases in terms of the economic outcomes of divorce in Turkey, such as compensation claims and division of property.
Divorce In Turkey on the Grounds of Attempt on Life, Severe Maltreatment, or Degrading Conduct
In Turkey, an attempt on life shown as a ground for divorce refers to acts committed by one spouse to end the life of the other. Severe maltreatment can be defined as acts committed by one of the spouses against the other that violate physical integrity, harm or endanger physical or mental health. Under Turkish law, behaviours such as beating and physical violence, throwing the spouse out of the house, depriving them of food, or forcing them into abnormal sexual intercourse are considered examples of severe maltreatment. Degrading conduct, on the other hand, is defined as acts committed by one spouse that damage the honour and dignity of the other, including insults and actions intended to humiliate. In Turkish law practice, acts such as insulting, cursing, hitting the spouse and similar behaviours may be evaluated under degrading conduct. Divorce on the grounds of attempt on life, severe maltreatment, or degrading conduct is regulated under Article 162 of the Turkish Civil Code.
Divorce In Turkey on the Grounds of Committing a Crime and Leading a Dishonourable Life
If one of the spouses commits a crime that demonstrates a high degree of moral collapse and results in public disgrace, or engages in continuous behaviours that conflict with the general moral values of society and are considered negative in social life, this is regulated as a special relative ground for divorce in Turkey. The spouse filing for divorce on the grounds of committing a crime and leading a dishonourable life must also prove that, in addition to the existence of the legal reason for divorce, it can no longer be reasonably expected for them to continue the marital union. Divorce on the grounds of committing a crime and leading a dishonourable life is regulated under Article 163 of the Turkish Civil Code.
Divorce on the Grounds of Abandonment in Turkey
In Turkish law, abandonment can be defined as one of the spouses leaving the shared marital life without a justified reason. Situations where one of the spouses leaves the marital residence or prevents the other from returning to it are regulated under the title of abandonment. In Turkey, the right of the abandoned spouse to file a divorce case is subject to certain conditions, such as the abandonment having lasted for at least six months and a formal notice requesting the abandoning spouse to return having remained unanswered. However, if the conditions of this special ground for divorce cannot be fulfilled, it is also possible to file a divorce case based on the general ground for divorce. Divorce on the grounds of abandonment is regulated under Article 164 of the Turkish Civil Code.
Divorce on the Grounds of Mental Illness
In accordance with the Article 165 of the Turkish Civil Code; if one of the spouses develops a mental illness during the course of the marriage, and the continuation of the marriage becomes unbearable for the other spouse, and it is officially determined by a medical board report that there is no possibility of recovery from the mental illness, the judge may decide to grant a divorce. Divorce on the grounds of mental illness is regulated as one of the special and relative grounds for divorce.
Divorce In Turkey on the Grounds of Breakdown of the Marital Union (Severe Incompatibility)
The breakdown of the marital union is regulated as a general ground for divorce under Article 166 of the Turkish Civil Code. The general ground for divorce is the breakdown of the marital union to such an extent that it is no longer reasonable to expect the plaintiff spouse to continue the common life. The marital union may break down for various reasons.
For instance, incidents such as economic violence, one spouse not paying sufficient attention to personal hygiene, engaging in behaviours that damage trust, or violating the privacy of the family home may lead to the breakdown of the marital union.
Under Turkish law, the breakdown of the marital union is also named as severe incompatibility. The right to file for divorce based on severe incompatibility belongs to the spouse who is less at fault or faultless. However, if the divorce is requested by the spouse at fault, and there is no benefit left in maintaining the marriage for the defendant spouse and the children, divorce may still be granted.
The breakdown of the marital union is regulated as a relative ground for divorce. The spouse filing for divorce on this ground must also prove that it is no longer reasonable to expect them to continue the marital union.
Uncontested divorce is also regulated under Article 166/3 of the Turkish Civil Code within the scope of the irretrievable breakdown of the marital union. Accordingly, the spouses may apply to the court and request a divorce by stating that the marital union has irretrievably broken down, that they no longer wish to continue the marriage, and that they have reached an agreement on the consequences of the divorce.
Divorce in Turkey For Foreigners
Divorces involving foreigners in Turkey, or in other words, divorces with a foreign element, such as cases where one of the spouses is Turkish and the other is a foreigner, or both spouses are foreigners, are regulated in various aspects. Several provisions of Law No. 5718 on Private International Law and Procedural Law contain regulations regarding divorces involving a foreign element. In addition, if the spouses divorce abroad, the recognition and enforcement of the foreign divorce decree are also regulated under the aforementioned Law.
In cases where one or both of the spouses are foreign nationals, Article 14 of the aforementioned Law regulates which country’s law will be applied in a divorce case filed in Turkey.
“Divorce and legal separation
Article 14 –
(1) The grounds and provisions for divorce and legal separation are governed by the common national law of the spouses.
In the event that the spouses are of different nationalities, the law of their common habitual residence shall apply; if there is no such residence, Turkish law shall apply.
(2) The provision in the first paragraph shall also apply to maintenance claims between divorced spouses. This rule also applies in cases of legal separation and annulment of marriage.
(3) Custody and custody-related matters in divorce are also subject to the provision of the first paragraph.
(4) Turkish law shall apply to requests for provisional measures.”
Accordingly, if the spouses share a common nationality, the law of their country of citizenship will apply first. If there is no common nationality, the law of their common habitual residence will be applied. If this too does not exist, Turkish law shall be applied. This rule is also applicable to cases similar to divorce, such as legal separation and annulment of marriage, to maintenance claims, to the determination of custody in divorce proceedings, and in lawsuits for modification of custody. However, in matters involving provisional measures such as precautionary alimony or temporary assignment of custody to one of the spouses, Turkish law shall apply in any case.
“Marital Property
Article 15 –
(1) With regard to marital property, the spouses may explicitly choose either the law of their common habitual residence or one of their national laws at the time of marriage; if no such choice is made, the law of their common nationality at the time of marriage shall apply. If there is no common nationality, the law of their common habitual residence at the time of marriage shall apply. If that too does not exist, Turkish law shall apply.
(2) In the liquidation of property, the law of the country where the immovable property is located shall apply.
(3) If the spouses acquire a new common law after the marriage, they may be subject to this new law, without prejudice to the rights of third parties.”
Accordingly, a similar rule will be applied to a wide range of issues such as the ownership of marital property, its sale, donation, and other types of disposal, as well as whether the consent or approval of the other spouse is required for such transactions.
However, if the property in question is immovable, the law of the country where the immovable property is located shall apply in any case.
As for alimony claims, in other words, the demand and collection of maintenance payments, Article 19 of the mentioned Law provides the applicable rule. According to this, the law of the maintenance creditor’s place of residence shall apply to alimony claims.
Recognition and Enforcement of Divorce Decrees In Turkey
Divorce decrees obtained abroad are enforced in Turkey through a recognition and enforcement lawsuit. To initiate this process, a lawsuit must be filed before the competent Family Court in Turkey with the foreign divorce decree and the finalization certificate. Through this case, the divorce becomes legally effective in Turkey, and decisions rendered together with the divorce, such as compensation, custody, and alimony, also gain enforceability.
How to File for Divorce in Turkey?
In Turkey, both uncontested and contested divorce cases must be initiated by submitting a petition to the court. Once the petition is filed, the court prepares a preliminary proceedings notice and sets a hearing date.
Required Documents for Filing a Divorce Case in Turkey
In order to file for divorce, the petition must be submitted to the court along with the evidence. If the divorce case is filed with the assistance of a lawyer, the power of attorney for the divorce case must also be submitted to the court along with the divorce petition.
Where to File a Divorce Case in Turkey?
To answer the question of where to file a divorce case in Turkey, it is necessary to determine the competent and authorised court for the divorce.
The determination of the competent court answers the question of which type of court will handle the case, while the authorised court refers to the location where the case must be filed.
In divorce cases in Turkey, the competent court is the Family Court. If there is no Family Court in the courthouse where the case will be filed, the Civil Court of First Instance will handle the case in its capacity as the Family Court. The authorised court in divorce cases is either the court of the residence of one of the spouses, or the court of the place where the spouses last lived together for at least six months before the case.
Divorce and Fault in Turkey
In divorce cases in Turkey, the determination of fault is highly important both in terms of the right to file the lawsuit and the adjudication of compensation and alimony claims. Firstly, in divorce cases filed on the grounds of breakdown of the marital union, the right to file the case belongs to the spouse who is either faultless or less at fault compared to the other. Otherwise, the defendant spouse has the right to request the dismissal of the case.
The awarding of material and moral compensation, as well as the acceptance of alimony claims, is also closely related to the determination of fault between the spouses in divorce cases in Turkey. Under Turkish law, the right to claim material compensation in a divorce case is granted to the spouse who is faultless or less at fault and whose existing or expected benefits are damaged due to the divorce. The claim for material compensation by the spouse who is more at fault in the divorce will not be accepted by the court.
Moreover, the spouse whose personal rights are violated due to the events leading to the divorce may request the payment of an appropriate amount of money as moral compensation from the other spouse who is at fault. In other words, the spouse against whom moral compensation is ruled must be at fault.
Similarly, if poverty alimony is to be awarded in favour of one spouse, that spouse must not be more at fault than the other.
Division of Marital Property in Turkey
In Turkish law, the division of marital property refers to the distribution of the assets owned by the spouses when the marriage ends. In divorce, the division of property is carried out according to the rules of the matrimonial property regime. The Turkish Civil Code defines four types of property regimes: participation in acquired property, separation of property, separation of property with sharing, and community of property. Among these, participation in acquired property is the legal (default) property regime. If the spouses have not chosen another property regime through a marital agreement during or before the marriage, the division of property is carried out according to the rules of the legal regime, participation in acquired property.
Division of marital property in a divorce case in Turkey is a technical and complex process that consists of various phases and requires legal expertise. In uncontested divorce cases, there are several methods that can be used to settle property division. The first is dividing the property through the divorce protocol. The second method is for the spouses to waive their property division claims through the protocol. The final method is not to include any provision regarding property division in the protocol and to file a separate lawsuit for property division after the uncontested divorce case is finalised.
If no other property regime has been determined by the spouses through a marital agreement and no division has been made through the uncontested divorce protocol, then in contested divorce cases in Turkey, the division of property is made according to the rules of the legal property regime, participation in acquired property. According to this regime, the personal and acquired property of each spouse is first separated. Then, the receivable and proprietary claims over the acquired property are evaluated. Receivable items in property division claims include equalisation claims, value increase share claims, participation claims, and contribution claims. In addition, in divorce cases, spouses may also claim property rights regarding the family residence or agricultural enterprises allocated for the family.
Child Custody in Divorce Cases in Turkey
Custody of the common child in Turkey is one of the most disputed part of divorce cases. Article 336 of the Turkish Civil Code stipulates that custody in divorce belongs to the parent to whom the child is entrusted. Accordingly, the court will decide which of the divorcing spouses will be granted custody of the common child.
Turkish courts have broad discretion in determining which parent will be granted custody. The main criterion guiding this discretion is the best interest of the child. In determining the child’s best interest, factors such as the child’s physical, mental, emotional, moral, and social development, as well as which parent will raise, care for, and educate the child in a better way, are considered.
Specific characteristics of the child are also taken into account by the court, such as the child’s gender, year of birth, educational level, who the child is currently living with, whether the parent requesting custody is involved in the child’s education, the health of the child, and which parent can provide medical care based on the child’s condition. Turkish courts also consider the characteristics of the parents when deciding and arranging custody. Therefore, matters such as leaving the child with someone else, neglect, abduction, voluntary abandonment, manipulation, whether the parent has requested custody, use of violence, infidelity, financial situation, occupation, living environment, abusive behavior, alcohol addiction, health condition, and unstable behavior are all taken into consideration by the court when making a custody decision.
In Turkey, when the child is very young, an infant in need of constant maternal care and affection, courts mostly grant custody to the mother. However, if granting custody to the mother would negatively affect the child’s health, education, or moral values, custody will not be awarded to the mother.
Pecuniary and Non-Pecuniary Compensation in Divorce Cases in Turkey
Under Turkish law, if the spouses suffer a loss of interest due to the divorce, they have the right to claim pecuniary compensation. For this, the spouse claiming compensation must be either faultless or less at fault compared to the other spouse. In awarding pecuniary compensation in a divorce, various criteria are taken into account, such as the spouses’ age, financial situation, duration of the marriage, and the severity of the spouses’ wrongful behavior.
Additionally, the spouse whose personal rights have been violated due to the events leading to the divorce may claim non-pecuniary compensation from the other spouse who is at fault.
Alimony in Divorce Cases in Turkey
Under Turkish law, alimony is examined under three categories: precautionary alimony, child support (contributory alimony), and poverty alimony. Temporary alimony is the type of alimony awarded in favor of both the spouse and the child while the divorce case is ongoing, as the marital union is still legally in effect during the proceedings. Child support, on the other hand, is intended to ensure that the parent who is not granted custody contributes to the expenses of the child. Therefore, it can be said that in determining the precautionary alimony and child support in Turkey, the reason for divorce and the parties’ fault are not significant factors.
In cases of divorce in Turkey, the alimony awarded in favor of the husband or the wife is referred to as poverty alimony, and it is regulated under Article 175 of the Turkish Civil Code.
“2. Poverty Alimony
Article 175 –
The party who will fall into poverty due to the divorce may request alimony from the other party indefinitely, in proportion to that party’s financial capacity, provided that their fault is not more severe.
The fault of the party obliged to pay alimony is not required.”
Accordingly, whether or not the party ordered to pay alimony is at fault is not relevant for the award of alimony. However, the spouse who is more at fault in the events that led to the divorce does not have the right to claim alimony. In other words, it would be appropriate to state that a spouse who leads a dishonourable life or commits a crime cannot be awarded alimony.
How Long Does a Divorce Case Take in Turkey?
The duration of divorce cases in Turkey varies depending on multiple factors, such as whether the case is contested or uncontested, the workload of the court where the case is filed, and the time required to gather evidence. Uncontested divorce cases are typically concluded within approximately three to six months after the petition is submitted. Contested divorce cases, on the other hand, generally take between one to two years at the local court stage, while the appellate (regional court of appeal) and cassation (Court of Cassation) stages each take approximately one year.
Divorce in a Single Hearing in Turkey
In accordance with Turkish law, if one year has not passed since the date of marriage, it is not possible for the spouses to file for an uncontested divorce. As a result, the practice commonly referred to as “single hearing divorce” has emerged in Turkish law. When one spouse files for divorce and the other spouse accepts the petition, and both present the same witness in court, the divorce case can be concluded within one or two hearings.
Your Divorce Lawyer in Turkey: Viridis Legal Partners
Whether uncontested or contested, divorce cases are not only emotionally challenging but also require technical precision, attention, and legal expertise. The need to prove the grounds for divorce, determine whether the continuation of the marriage is possible, resolve custody claims, and decide on compensation and alimony demands makes it essential for the case to be managed without error from beginning to end. For this reason, divorce proceedings should be conducted with the assistance of a divorce lawyer. Additionally, for a foreigner to get divorced in Turkey, it is essential to work with a Turkish divorce lawyer in order to ensure that the divorce proceedings are conducted properly within a legal system and country that they are unfamiliar with. Moreover, working with an English-speaking Turkish divorce lawyer will also help to overcome language and cultural barriers.
As Viridis Legal Partners, we stand by your side to ensure the best outcomes in your divorce cases.
As your divorce lawyer in Istanbul, we work to achieve the most suitable results in every aspect of your divorce, including division of property, participation claims, alimony, pecuniary and non-pecuniary compensation, custody of joint children, and establishing personal relationships with the child.
To benefit from our English-speaking Turkish divorce lawyer services in Istanbul, contact us today.
Frequently Asked Questions
Can a woman divorce her husband in Turkey?
Yes, of course. Under the Turkish legal system, men and women are equal before the law. The Turkish legal system is based on western legal principles. The Turkish Civil Code, which regulates divorce and other institutions of family law, is derived from Swiss law.
How much does it cost to get a divorce in Turkey?
The answer to this question may vary depending on several factors, such as whether the divorce case is filed as uncontested or contested; the amount of alimony and compensation claimed; and the value of the marital assets subject to liquidation within the scope of the divorce. In addition, court fees and expenses are re-evaluated and updated annually. For this reason, it is unfortunately not possible to give a definitive answer to such a question.
Is it easy to get divorced in Turkey?
Getting divorced in Turkey is quite easy, especially if the process is handled through a Turkish divorce lawyer.
What is the fastest way to divorce in Turkey?
The fastest way to finalize a divorce case in Turkey is usually through an uncontested divorce or a single-hearing divorce.
What to do when you decide to get divorced in Turkey?
When a decision to divorce is made, the first step should be consulting a Turkish divorce lawyer. This ensures that the course of the divorce case is determined in the most accurate way and helps prevent delays and loss of legal rights. Mistakes made at the time of filing a divorce case without a divorce lawyer in Turkey are much harder and more expensive to correct later on.
