Divorce is one of the most challenging and emotionally stressful experiences that you will ever face. It also involves making major decisions that will impact the rest of your life. You deserve a qualified, understanding, and empathic lawyer by your side who will help you during the legal process and provide you with the legal guidance that you require.
Turkish Family Law And Divorce Regulations
Turkish law legally recognizes foreigners who get married both within the country and abroad. Marriages are registered at the local civil registration office (Nüfus Müdürlüğü) following necessary investigations. If the marriage takes place outside of Turkey, the marriage may be registered through the nearest Turkish consulate.
How To Get Divorced In Turkey?
In the Turkish legal system, there are two ways to obtain a divorce. In the event that both parties involved reach a mutual agreement regarding the dissolution of their marriage and its associated conditions, they may proceed with an application for an uncontested divorce. Conversely, should a disagreement arise between the spouses concerning the terms and conditions of the divorce, they may pursue a contested divorce.
Uncontested Divorce (Anlaşmalı Boşanma): An uncontested (agreed) divorce can be done when both spouses agree to divorce and sign “a divorce settlement protocol.”
Uncontested divorce is regulated in Article 166 of the Turkish Civil Code. (TCC)
Terms of Uncontested Divorce:
In order to decide on uncontested divorce in Turkey, there are four conditions that must be fulfilled:
- The marriage must last at least one year.
- Spouses must either apply for divorce together or one spouse must accept the lawsuit filed by the other.
- The parties must declare their free will to divorce in the presence of the judge.
- The agreement made by the parties must be approved by the judge.
Content Of The Protocol Made Between The Parties: The uncontested divorce protocol must be detailed, comprehensive, consummate, and enforceable by law. Both spouses has to be mutually willing to cooperate in settling some major issues, such as:
- Childs Custody: The protocol that will be established should clearly specify who will have custody of the child, what kind of personal relationship will be maintained between the parent without custody and the child, and the child support payment
- Alimony For The Poorer Spouse: “The spouse who will fall into poverty because of divorce, may indefinitely claim alimony at the rate of the financial capacity of the other spouse.” (Article 175 of Turkish Civil Code) If this type of alimony is requested, it is essential that the agreement include the amount of the payment as well as the rate of increase.
- Property Division: According to the regime of involvement in acquired possessions, all property procured within the marriage union is regarded as acquired property. In accordance with this regime, spouses are required to make an equal division of assets acquired during the course of their union, with the exception of personal belongings. However, in the context of a divorce protocol spouses have the opportunity to collaboratively determine the allocation of properties and belongings, specifying which items will be retained by each party involved.
- Compensation: If a spouse seeks pecuniary damages, non-pecuniary damages, or both from the other spouse, the protocol must explicitly outline the nature, extent, and time of payment of such compensation.
In accordance with Article 166/3 of the Turkish Civil Code, in the event that parties file an uncontested divorce case but disagree on one or more of the agreed matters or due to their statements during the hearing, the uncontested divorce may not be granted. When this occurs, an amendment petition must be submitted to the court to convert the case into a contested divorce case.
Contested Divorce (Çekişmeli Boşanma): In situations where either or both parties involved in a marriage union are unwilling to reach a consensus regarding the terms of their divorce, the option of pursuing a contested divorce arises. This form of divorce is distinguished by its potential to consume more time and have a greater emotional impact, as it necessitates the resolution of disputes through legal avenues and formal proceedings.
The contested divorce case is classified into two categories: general and special reasons. The general reasons pertain to the dissolution of the marriage union, while the special category encompasses unique circumstances that require additional legal considerations.
The special reasons for the termination of a marriage are delineated as follows:
- Adultery
- Attempted Murder, Grave İnsult Or Immoral Conduct
- Committing A Crime And Leading A Dishonorable Life
- Abandonment
- Mental Illness
Divorce Of The Foreigners In Turkey
In Turkey, individuals of foreign nationality, Turkish citizens, and foreigners sharing the same or different citizenships can obtain a divorce. However, determining which country’s law must be applied to the divorce case can be challenging. This is particularly relevant for cases involving individuals of different nationalities. Therefore, careful consideration and analysis are necessary to ensure that the appropriate legal framework is applied.
According to Article 14/1 of International Private Law (IPL), the first consideration is whether the spouses have common citizenship. In the event that the parties do not possess a common habitual residence, the Turkish Law shall be invoked. Within the jurisdiction of Turkey, the divorce proceedings of two foreign individuals with shared citizenship shall be governed by their common national law. Conversely, in cases where the divorcing parties hold different citizenships, the law of their shared habitual residence shall be applied. Should this not be applicable, Turkish law shall prevail.
The divorce proceedings between a foreigner and a Turkish citizen in Turkey shall be governed by the law of their common habitual residence. In the event that one spouse is Turkish and the other is a foreign national, both parties have the option to initiate divorce proceedings in their respective countries. Additionally, the Turkish spouse may also choose to file for divorce in Turkey.