Family & Divorce Lawyer in Turkey
In Turkish Law, starting from engagement, marriage, divorce, property regimes between spouses, paternity of children, recognition and paternity case, adoption, custody, alimony, children’s property, and family property, all kinds of issues that come to mind in the field of family law are regulated in the Turkish Civil Code No. 4721.
In Turkey, many family law issues such as divorce and adoption are considered to be related to public order and can only be realised by court decisions. For this reason alone, it is indispensable to benefit from the support of a family law attorney in family law matters.
As Viridis Legal Partners, family law attorneys and divorce lawyers in Istanbul, we are here to provide you with sensitive and expert assistance on family law issues and divorce. Whether, as a foreigner in Turkey, you are facing a divorce, seeking custody arrangements, adoption, or considering modifications to an existing alimony arrangement, we are here to guide you.
What is a Family & Divorce Lawyer in Turkey?
Family and divorce lawyers in Turkey can be defined as lawyers who provide legal services in cases and proceedings related to family law such as contentious divorce, uncontested divorce, division of property in divorce, marriage procedures, custody of children, alimony, material and moral compensation claims in divorce cases, recognition and enforcement of divorce, annulment and nullity of marriage, abolition of the period of abstinence, guardianship cases, etc. Since in Turkey family law disputes often surface during divorce and are the subject of legal practice, these lawyers are mostly called divorce lawyers in Turkey.
Family law disputes, such as divorce cases, can have consequences that deeply affect people’s lives both emotionally and economically. For this reason, it is vital to get support from a divorce lawyer and to carry out these cases with the right legal advice and expertise from beginning to end.
In addition, a foreigner in Turkey may need the services of a Turkish citizenship lawyer who has expertise and experience in the field of family law in order to acquire Turkish citizenship through marriage or an immigration lawyer in Turkey in order to obtain a family residence permit in Turkey. For this reason, it would be beneficial to prefer a family lawyer who has expertise in the field of foreigners law.
Why You Need a Family & Divorce Lawyer in Turkey
There is no obstacle for foreigners to marry and divorce in Turkey. Especially in cases where one of the spouses is a foreigner, divorce in Turkey is frequently preferred with easy and fast solutions such as uncontested divorce. A Turkish divorce lawyer follows your divorce cases from the beginning to the end in every aspect, including custody, alimony, division of property, material and moral damages, and ensures that this difficult and complex process is concluded without prejudice to your rights or with the least possible damage.
Pursuing family law disputes or a divorce case without a divorce attorney in Turkey may cause prolonged litigation, unnecessary costs, and loss of rights. Especially in Turkey, it will be quite challenging for a foreigner to conduct a case such as a divorce case in a country where you do not speak the language, are not familiar with the legal system, and are strange with the culture. On the other hand, following the case by an English-speaking Turkish divorce lawyer who eliminates the language barrier will ensure that you are informed throughout the whole process and will ensure that you finalise your case with the highest benefit.
Family & Divorce Law in Turkey
Family law in Turkey is regulated by the Turkish Civil Code. Accordingly, marriage is only possible through civil marriage and divorce is only possible through a court decision. The grounds for divorce are set out in Article 161 and the following articles of the aforementioned law. Adultery; intent to commit murder, malicious and dishonorable treatment; committing a crime and leading a life without dignity; abandonment; mental illness; and fundamental breakdown of the marriage union are accepted as grounds for divorce. Divorce is divided into two uncontested divorces and contested divorces according to whether the spouses have an agreement or not.
Divorce Of Foreigners In Turkey
The applicable law for divorces with a foreign element, i.e. divorces in which at least one of the spouses is not Turkish, is the Law On International Private Law and Procedural Law Numbered 5718.
“Divorce and separation
ARTICLE 14 – (1) The grounds and provisions of divorce and separation shall be governed by the common national law of the spouses. If the parties have different citizenship, the law of the common habitual residence shall apply, and if not, Turkish law shall apply.
(2) The provision of the first paragraph shall apply to maintenance claims between divorced spouses. This provision shall also apply in case of separation and nullity of marriage.
(3) The provision of the first paragraph shall also apply to custody and parental rights in divorce.
(4) Turkish law shall apply to requests for provisional measures.”
Accordingly, in divorce, nullity of marriage, alimony, child custody proceedings, if the spouses have a common nationality, the law of this nationality, if they do not have a common nationality, the law of the place where they live together, and if this is not the case, Turkish Law will be applied. However, Turkish Law shall apply to the temporary measures applied in the aforementioned cases. It should also be noted here that according to Article 5 of the aforementioned Law, ‘In the event that the provision of the competent foreign law applied to a particular case is clearly contrary to the Turkish public order, this provision shall not be applied; in cases deemed necessary, Turkish law shall be applied.’. For this reason, since the application of the rules of various legal orders that regulate polygamy, violate the fundamental rights of individuals, and do not foresee the equality of women and men will be contrary to the Turkish public order, Turkish Law will be applied instead of their application. Also if the divorce includes a dispute about the ownership of an immovable property, Turkish Law shall apply to the ownership of the immovable property.
How To File A Divorce In Turkey
As mentioned above, in Turkey, divorce can only be granted by the court. In other words, divorce cannot be granted by an administrative authority. Compulsory mediation, which is applied in many areas from labor disputes to commercial disputes in Turkish Law, is not applied in divorce cases.
While uncontested divorce takes place when the parties apply to the court together and submit a divorce protocol, a contentious divorce is filed when one of the parties applies to the Family Court with a petition requesting the divorce.
The spouse who has the right to file for divorce is the spouse who is faultless or less faulted in the events that cause divorce. Again, if a divorce case is to be filed due to the shaking of the marriage union, which is the general reason for divorce, the marriage union must have lasted at least one year.
Child Custody In Turkey
Article 336 and following articles of the Turkish Civil Code regulate who will have custody, taking into account various situations. Accordingly, if the parents are married, both of them will exercise the right of custody together. However, if the joint life is terminated or separation occurs, the judge may give custody to one of the spouses. In case of the decease of one of the spouses, custody will belong to the survivor, and in case of divorce, custody will belong to the spouse to whom it is left. If the parents are not married, custody belongs to the mother. If the mother has a condition that prevents her from using custody, for instance, if she is young, limited or dead, or if custody has been taken from her, the judge may decide to appoint a guardian for the child or give custody to the father, depending on the child’s best interests.
Services Offered by Viridis Legal Partners
Divorce Proceedings In Turkey
As Viridis Legal Partners, your divorce attorneys in Turkey we offer services for both contested and uncontested divorce cases. We are here for you to finalise your divorce cases in Turkey in the fastest way possible. As your multilingual Turkish lawyers in divorce cases where one of the spouses is a foreigner, we guarantee that you will be informed from the beginning to the end of your divorce process and complete your divorce case with the best results.
Child Custody Cases In Turkey
In Turkey, the custody of the child can be requested within the scope of the divorce case, or it can be sued separately due to the change of circumstances after the divorce or in cases where the parents are not married. It is also possible to sue for recognition and enforcement of court decisions taken in foreign countries regarding child custody. As Viridis Legal Partners, your family and child custody lawyer in Turkey, we offer expertise and legal support in family law disputes such as child custody and property management.
Alimony Cases In Turkey
In Turkey, alimony is of three types: poverty alimony, which is paid to the spouse who is impoverished due to divorce, subsidiary alimony, which is requested from the other spouse by the spouse who actually cares for the child, and precautionary alimony, which prevents the economic hardship of one of the spouses and the children during the divorce case. It is possible to request alimony during the divorce or after the divorce, or it is possible to request an increase, decrease or complete cancellation of the alimony after the divorce. As Viridis Legal Partners, we are at your side as your family and alimony lawyers in Turkey concerning your alimony requests during your divorce cases or in your alimony increase cases, alimony reduction or alimony removal cases, enforcement of your alimony receivables, alimony applications such as compulsory imprisonment.
Property Division Cases In Turkey
The Turkish Civil Code stipulates four property regimes: participation in acquired property, separation of property, separation of property with sharing and community property partnership. Of these, participation in acquired property is the legal property regime and if the spouses have not determined another property regime during or before the marriage, the regime of participation in acquired property is directly applicable between the spouses. The remaining property regimes of separation of property, separation of property with sharing and community of property are contractual property regimes, and if the spouses prefer, one of them may also be applied. Property division in divorce is a process that should be managed carefully in order to protect the rights of the spouses and to ensure a fair division. Each spouse has rights and obligations depending on the type of property regime. Therefore, in order to achieve the best result in property division, it is of great importance to seek legal advice from a Turkish divorce lawyer and to carry out the process in a professional manner. As Viridis Legal Partners, we are at your side to meet all your legal needs regarding property division during the divorce process.
Postnuptial and Prenuptial Agreements In Turkey
The nuptial agreements regulated in Articles 202 and following of the Turkish Civil Code can be defined as a contract that the spouses may conclude before or after marriage, and in which the spouses decide on a property regime within the limits of the law, abolish or change the property regime. In Turkey, the legal property regime is participation in acquired property and the optional property regimes are separation of property, community of property and community of property with sharing. Accordingly, the spouses may decide on one of the other three property regimes listed in the law with the marriage contract. In practice, it is often seen that the spouses decide on the separation of property instead of participation in acquired property. However, it is possible to determine the scope of personal or acquired property within the scope of participation in acquired property. As your divorce lawyers in Istanbul, we are at your side in matters such as the preparation and reviewing of the postnuptial or prenuptial agreement and the implementation of its provisions.
Adoption Services In Turkey
In Turkey, it is possible for spouses to adopt together or for single persons to adopt alone. Adoption of minors is only possible if they are cared for by the adopter for one year. Also in Turkey, adoption is carried out by a court decision. We are at your side as adoption lawyers in Turkey with our family law expertise in fulfilling the requirements of adoption in Turkey and in the adoption case processes.
Why Choose Viridis Legal Partners
As Viridis Legal Partners, we know how important it is for you to utilise the services of the right lawyer in family law issues and divorce. As family law attorneys in Turkey, we can assist you in adoption, child custody, alimony and other disputes related to family law. As your divorce lawyer in Turkey, we can offer legal services from uncontested divorce to property division in divorce cases. We also eliminate language barriers by providing family law services in fluent English so that you can fully understand your legal options and related procedures.
Contact us today to consult or benefit from our family law attorney and divorce lawyer services
Frequently Asked Questions (FAQs)
What are the grounds for divorce in Turkey?
The grounds for divorce in Turkey are adultery; intent to commit murder, malicious and dishonorable treatment; committing a crime and leading a life without dignity; abandonment; mental illness; and fundamental breakdown of the marriage union.
How is child custody determined in Turkish courts?
In Turkey, the general rule is that in cases of divorce, custody will be given to one of the spouses by the decision of the judge. In Turkish judicial practice, custody is usually temporarily given to one of the spouses as a precaution, upon the opening of a divorce case. Once the divorce takes place, it is decided to whom custody will be given.
What factors influence alimony decisions in Turkey?
In Turkey, if one of the divorced spouses requests alimony, the court evaluates the fault of the spouse requesting alimony in the divorce, the economic situation of the party, and whether the spouse has fallen into poverty with the divorce.
How are marital assets divided upon divorce in Turkey?
Since the legal property regime in Turkey is the regime of participation in acquired property, the marital property is divided accordingly, unless the spouses have decided on another property regime with the prenuptial agreement.
