The Marriage Process In Turkey And Its Specifications For Foreigners
Nestled at the geographical crossroads connecting Europe and Asia, Turkey emerges as an alluring jurisdiction for cross-border nuptials. Intricately woven into the fabric of Turkey’s vibrant tapestry are the elaborate legal frameworks that meticulously outline the steps for marriage registration in Turkey, encompassing Turkish marriage laws, marriage certificate procedures, and the meticulous marriage documents Turkey required for marriage in the country.
Skillfully manoeuvring through this intricate terrain necessitates not only a judicious comprehension of essential documentation protocols, mandatory translations, and procedural intricacies but also calls for the expertise of professionals well-versed in Turkish family law, such as the adept Turkish marriage attorney at Viridis Legal Partners. We ardently strive to illuminate the indispensable significance of legal cognisance throughout the comprehensive Turkish marriage process, ranging from marriage application Turkey and marriage requirements in Turkey to the meticulous marriage paperwork in Turkey.
Our specialized assistance further extends to encompassing diverse locales like Marriage in Istanbul and Marriage in Antalya. As your trusted legal advisors, we offer paramount guidance and unwavering support in navigating the dynamic labyrinth of Turkey marriage regulations, ensuring a seamless and legally sound international marriage Turkey journey.
Turkish Marriage Laws
To ensure a legally valid and binding marriage in Turkey, it is imperative to have a comprehensive understanding of the legal framework governing marriage. The Turkish Civil Code No. 4721 and associated regulations preside over marriage laws in the country.
Legal Capacity for Marriage
According to Article 124 of Turkish Civil Code No. 4721;
The legal age for marriage is 17 for both men and women, although with judicial permission, men or women can marry at 16 under exceptional circumstances or for a very important reason, with the permission of their legal representatives and the allowing of the judge. Notably, polygamous marriages are strictly prohibited under Turkish law.
Those who do not have mental competence cannot marry. At the same time, minors and persons under legal disability cannot marry without the permission of their legal representatives. However, upon the application of the minor or the person under legal disability, the judge may allow the marriage after listening to the legal representative.
Impediments to Marriage
The Turkish Civil Code even specified some situations that prevent the marriage and the conditions of proof of the contrary. Some of the marriage impediments are classified as absolute marriage impediments and not absolute marriage impediments. If there are absolute marriage impediments, the marriage should be void with absolute nullity. If there are no absolute marriage impediments the marriage application will be denied, On the other hand, if the person is married somehow, the presence of these impediments does not cause a marriage to be void or annulled. Absolute marriage impediments can be listed as kinship, mental illness and previous marriage. Not absolute marriage impediments are the waiting period and the presence of certain contagious diseases listed in the Public Health Law.
Absolute Impediments To Marriage
1. Kinship;
According to Article 129 Turkish Civil Code No. 4721;
Marriage is prohibited between the following:
1. Between kinship in the direct line; between siblings; between uncle, aunt and their nephews and nieces,
2. Although kinship by marriage is terminated, between one of the spouses and the other one’s ascendants and descendants,
3. Between the adoptive parent and adopted child or between one of them and descendants and spouse of the other
2. Previous marriage
According to Article 130 of Turkish Civil Code No. 4721;
The person who wishes to remarry shall be obliged to prove that their former marriage has ended.
At that point, it would be useful to remind that polygamy is forbidden and punishable under the Turkish Criminal Code;
Article 230
(1) Any person who, while already married, marries someone else, by completing the official procedure, shall be sentenced to a penalty of imprisonment for a term of six months to two years.
(2) Any person who, while unmarried, marries someone else, by completing the official procedure, knowing him to be already married to someone else, shall be sentenced in accordance with the aforementioned paragraph.
Considering the above-mentioned provisions; it is a crime to marry while already being married or being aware of such a situation.
3. Mental Illness
According to Article 133 of Turkish Civil Code No. 4721;
People with mental illness shall not get married unless it is clear that there is no medical prejudice to their marriage as approved by an official medical board report.
The Not Absolute Marriage Impediments
1. Waiting period for women
According to Article 132 of the Turkish Civil Code;
If the marriage has ended, a woman shall not remarry until after three hundred days have passed as of the dissolution of the marriage.
Giving birth ends this period.
In the case that the woman is not pregnant from her former marriage and the spouses want to remarry each other, the court shall revoke this period.
The European Court of Human Rights recently ruled that the waiting period constitutes discrimination against divorced women based on gender. In the decision of Nurcan Bayraktar v. Turkey, the European Court of Human Rights ruled that the requirement for a woman to undergo a medical examination in order to abolish the waiting period violated Article 8 of the Convention on respect for private life, Article 14 on the prohibition of discrimination, and Article 12 on the right to marry.
According to Article 90/5 of the Turkish Constitution;
“International agreements duly put into effect have the force of law. No appeal to the Constitutional Court shall be made with regard to these agreements, on the grounds that they are unconstitutional. (Sentence added on May 7, 2004; Act No. 5170) In the case of a conflict between international agreements, duly put into effect, concerning fundamental rights and freedoms and the laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail.”
In light of the aforementioned, it can be stated that the obligation of a woman to be medically examined in order to repeal the waiting period has been abolished.
2. Presence of Certain Diseases
According to Article 123 of Public Health Law No.1593
Those who have syphilis, gonorrhoea, soft chancre, leprosy or a mental illness are prohibited from marrying. Unless these diseases are treated in accordance with the procedure and a medical report is submitted, stating that the danger of spread has passed or that they have been cured, the marriages of the dissenters are not performed.
Incidentally, we should mention that marriage is only possible between a man and a woman and same-sex marriages are not allowed because the Law refers to future spouses as man and woman various times.
For foreigners seeking to marry Turkish citizens, there are specific legal requirements, including the submission of relevant documents, such as a valid passport and a certificate of eligibility to marry, which can be obtained from the individual’s embassy or consulate in Turkey.
Step-By-Step Guide For The Turkish Marriage Process
Under Article 134 and the followings of Turkish Civil Code No. 4721;
A. Application
I. Application authority
Article 134- Man and woman to marry each other apply together to the marriage registry office in the domicile of one of the parties.
The marriage officer is the mayor when there is a municipality or other officer to be assigned with this task, in villages it is the reeve of the village.
II. Form
Article 135-
Application is made by the parties to marry in written form or orally.
III. Documents
Article 136-
Both man and woman must submit their identity card and birth certificate, a document attesting dissolution of a former marriage if any, the written and signed consent of the legal representative if a minor or person under legal disability is in question and a medical report indicating that no illnesses are posing an obstacle to marriage.
In accordance with the above-mentioned law;
- Future spouses must apply to the marriage registry office where one of the parties resides.
- The mayor of the municipality, but almost always the concerned officer of the municipality assigned by the mayor is the marriage officer.
- The application must be made by the parties together and in person. (As we explain below, it is also possible for the application to be made by a lawyer authorized with a special proxy.)
- Necessary documentation for the marriage application are; identity cards and birth certificates of the parties, a document attesting dissolution of a former marriage if one of the parties is or both are married before, the written and signed consent of the legal representative if one of the parties is a minor or a person under legal disability and a medical report indicating that no illnesses are posing an obstacle to marriage(As we explain below; there may be some details and redundancies locally and foreigners in this regard. Therefore, it would be more useful to benefit from taking advantage of legal support in marriage application.)
As stated in Article 17 of the Marriage Regulation, it is possible to apply for marriage by an attorney. For this purpose, a special power of attorney is required. To be precise, certified copies of the identities of the attorney, the person to be married and the person given the power of attorney must be included in the power of attorney. It should be clearly stated that the power of attorney is given for the execution of the marriage proceedings.
The authorization of this power of attorney is up to the phase of the application procedures carried out, the date of marriage is determined or the permission for the marriage is obtained except for the receipt of the health report. Although it is possible to conduct marriage proceedings by a lawyer, it is obligatory for the parties to attend the marriage in person.
According to Article 20 of the Marriage Regulation;
The following documents are included in the marriage file:
- Marriage declaration prepared as two samples.
- Health report/official health board report obtained from an official or private health institution.
- Consent document.
- Passport photograph.
- Identity registration copy or marriage license certificate.
Four photographs of the prospective spouses taken within the last six months are attached to the file. Photographs must be in colour and front-facing in civilian clothes. Photographs of women wearing headscarves are also accepted, provided that their foreheads, chins and faces are uncovered.
What is a marriage declaration (petition for marriage)?
A marriage declaration or petition for marriage can be defined as the formal application submitted by the intended spouses. It typically contains photographs and certain identification information of the parties such as TC Identification number, Identity Card Serial Number, Last name, First Name, Father’s name, Mother’s name, Place of birth, Date of birth, Marital Status, Religious, Nationality, Whether s/he has citizenship of another state and such that.
What is a consent document?
Pursuant to Turkish Law, one 17-year-old can with legal representatives’ consent, and one 16-year-old with judges allowing can mary. The marriage declaration paper includes a part to fill in if the judge’s approval or legal representatives’ consent is required. This is called a consent document.
What is a marriage license certificate?
The document proving that the foreigners who will marry in Turkey or the Turks who will marry abroad, and that the prospective spouses meet the conditions such as age and celibacy, are qualified to marry, is called a marriage license certificate.
Since it proves the celibacy status of the person, this document is also referred to as the celibacy certificate.
By the registration administrations, only the identity documents are not considered sufficient to carry out the marriage process. Therefore, a certified copy of the birth certificate is required from Turkish citizens, and a marriage license certificate is required from foreigners. Foreigners under international protection and temporary protection can obtain this document through online systems. Those who are stateless, refugees or whose citizenship status is not correct, as specified in Article 13 of the Marriage Regulation, shall obtain a certified document showing whether they are in a state of an impediment to marriage according to the information available, with their full tags, by the authorities where their records are kept. Other foreigners, on the other hand, show the foreigner’s name, surname, parents’ name, date of birth and whether there is any obstacle to marriage, given by the representatives of their countries as well as the competent authorities, and provide a duly certified document.
What is a marriage permission document?
A marriage permission document is a part of the marriage declaration paper that given the future spouses who have found to have no obstacle to marry, upon their request, proves that their documents are complete. Future spouses who have received such a document can marry in the presence of component authority in the country or abroad, without the necessity to fill another file. The document is valid for six months from the date of issue.
Marriage Process In Certain Cities
Embarking upon the voyage of matrimonial unions, the resplendent cities of Istanbul and Antalya emerge as preeminent destinations, emblematic of the profound experience of marriage in Turkey. In these iconic settings, the intricacies of legal sanctity and cultural resonance intertwine, beckoning both foreign and Turkish couples to partake in their matrimonial aspirations. Marriage in Istanbul encapsulates a transcendent blend of tradition and modernity, epitomizing the harmonious coalescence of global influences within the confines of an ancient city. The union of hearts here resonates with historical eminence and international flair, rendering it an exemplary testament to the diverse tapestry of marriage in Turkey. Against the enchanting backdrop of Antalya’s coastal splendour, the institution of marriage in Antalya assumes a picturesque aura, inviting foreign and Turkish couples alike to solidify their commitment amidst panoramic beauty. As legal intricacies converge with profound emotion, these cities beckon discerning individuals to seek comprehensive legal counsel and services, ensuring that the sanctity of their unions is fortified through expert guidance. Therefore, Istanbul and Antalya stand as eloquent advocates, urging those embarking on the journey of marriage in Turkey to embrace the counsel of legal experts, thus safeguarding the authenticity and enduring significance of their matrimonial bonds.
Marriage Process in Antalya
The municipality of Antalya requests certain documents such as;
- The original and one photocopy of the Identity Cards with Photographs,
- 2- 4 passport-size photographs
(It should be noted that they are in accordance with the Marriage Regulation and taken within the last 6 months. Photocopied photographs are not accepted)
- 3- Mediterranean Anemia (Thalassemia) blood test report (with HPLC method)
- 4- Health Report with Photograph (from Health Centers with the result of the blood test. receivable)
- 5- Marriage License Certificate
The foreigners also provide the documents listed below:
- Marriage License Certificate (The certificate should contain the information which in addition to the fact that there is no harm in getting married, Marital status such as “single-divorced-widow”)
- Birth Certificate (The document should contain that Person’s Name-Surname, Place of Birth, Date of Birth, and Parent’s Name.)
- Passport copy
Along with all these, the reservation for the wedding can be made online
Marriage Process in İstanbul
Marriage applications in Istanbul are made to the District Municipalities such as Üsküdar, Kadıköy, Bayrampaşa, Beşiktaş, Avcılar, Beyoğlu, Fatih, and Bakırköy. The application process and required documents are mostly similar to what we mentioned above.
