Turkish Family Law

Turkish family law is a complex and multifaceted area of law that encompasses a range of legal issues related to marriage, divorce, child custody, alimony and property division. Turkish family law can be defined as a legal discipline that regulates relations of individuals’ family environments comprising of the issues related to family relations such as marriage, divorce, engagement, property division, custody and guardianship and that aims to protect both parties in a legal relationship in Turkey. Majority of the rules of Family Law provisions in Turkey are publicly obligatory meaning that most of the articles in Family law are mandatory rules. For the disputes related to Turkish family law matters lawyers based in Turkey use relevant regulations such as 4721 numbered Turkish Civil Code, 5237 numbered Turkish Criminal Code, 6284 numbered Law on Protection of Family and Prevention of Violence Agains Women, 5721 numbered International Private and Civil Procedure Law and 85/9747 numbered Marriage Regulation.

Turkish Divorce Lawyer

In Turkey, family law encompasses a wide range of legal issues that arise within the context of marriage and divorce. Divorce, in particular, is a complicated process that requires the assistance of a competent and experience lawyer. A Turkish divorce lawyer is a legal professional that is specialized in divorce and family law matters and can provide the right guidance and representation to clients to dissolve their marriage. Under Turkish family law, there are two types of divorce: consensual and contested divorce. Consensual divorce is a process whereby both parties agree to dissolve their marriage and reach to an agreement on legal issues such as child custody, alimony and property division. Contested divorce on the other hand, occurs when one or both parties contest the grounds for divorce or are unable to reach an agreement on the conditions and terms of the divorce protocol. Regardless of the type of divorce you seek, a Turkish divorce lawyer can provide invaluable assistance throughout the process, can direct you to the way that is beneficial for you. A Turkish divorce lawyer can legally help clients navigate the complexities of Turkish family law, ensure that their rights and interests are protected and work towards a favorable outcome.

Divorce Law Office Turkey

If you are looking for a divorce law office Turkey, you can get in touch with us and meet your Turkish divorce lawyer. Mesci law firm as a divorce law office Turkey, consisting of Turkish divorce lawyers and Turkish family law attorneys providing legal consultancy, representation on trials and mediation services in all matters related to divorce, including compensation, alimony, child custody and liquidation of property regime.

One of the most important roles of a divorce law office Turkey is to help clients understand the grounds for divorce under Turkish law that they can ground on the incidents they are going through. In Turkey, there are several grounds for divorce, including adultery, desertion, cruelty and irreconcilable differences. A divorce lawyer can help clients determine which grounds are applicable to their situation and build a strong case to support their claim.

Another key aspect of the role of a divorce law office Turkey is to assist its client with the division of marital assets and properties. In Turkey, property acquired during marriage is considered joint property, and both spouses have a right to share of the assets. A divorce lawyer can help clients negotiate a fair and equitable division of assets, taking into account factors such as the length of the marriage, each spouses’ financial contributions and the needs of any children involved.

Child custody is another important issue in divorce cases, and a Turkish divorce lawyer can provide essential guidance and representation in this area. In Turkey, child custody is typically awarded to the parent who is deemed best able to provide for the childs’ needs. A divorce lawyer can help clients understand their legal rights and responsibilities with regard to child custody, and work to ensure that the best interests of the child are taken into account.

In addition to providing legal representation in divorce cases, a divorce law office Turkey, can also offer a range of other services related to family law. For example, a divorce lawyer can assist with prenuptial agreements, adoption, and child sport issues. They can also provide legal guidance and representation in cases involving domestic violence or abuse and obtain required protection orders.

Divorce Lawyer Istanbul

Our law firm is a law firm in Istanbul with legal representatives leading on family law matters. On of the strenghts of our law firm is our divorce lawyer Istanbul that particularly focus on divorce cases, trial practices and cross-examination. With our divorce lawyer Istanbul, Mesci Law Firm has established a reputation for providing high-quality and cost-effective legal services and achieving successful outcomes for their clients. As divorce lawyer Istanbul, Mesci Law Firm provides a wide range of services related to issues related to family law. Our team of divorce lawyer Istanbul has the expertise and knowledge to handle complex cases, ensuring that our clients receive the best possible representation and legal advise. Our law firm understands that divorce can be a stressful and emotional process thus we work closely with our clients to ensure that they receive the support and legal guidance they need throughout the process. Whether it is negotiating a settlement or representing our clients in the court, our divorce lawyer Istanbul are committed to achieving the best possible outcome for our clients. Our dedication to providing personalized and compassionate legal services to our clients made us one of the leading law firms in Istanbul. Many of our clients are foreigners based in the United Kingdom, United States, Italy, Russia and United Arab Emirates. Thus we have an extensive experience in handling complex cases involving international family law disputes including cases where one or both parties are living in abroad making the procedures easier and understandable for client.

Family Law Services in Turkey

Filing for contested divorce, filing for consensual divorce, preparing the conselsual divorce protocol, divorce asset and debt distribution, issuance of prenuptial, mid-nuptial and post-nuptial agreements, child custody, obtaining temporary custody order, child support, recognition and enforcement of divorce orders, alimony, protection from abuse and obtaining protection orders, filing enforcement procedures related to alimony, filing criminal complaints before the chief public prosecutors office, financial disputes between unmarried individuals, engagement, marital property division cases, marriage of foreigners are among the family law services in Turkey our law firm offers for its clients based in Turkey or in abroad. If you are willing to benefit from our family law services in Turkey, please contact our law firm and obtain more information from the lawyer to be appointed to your case.

How  much does it cost for a divorce in Turkey?

The divorce lawyer fee for the year 2023 has been updated to a minimum fee of 9.200 TL. When 8% VAT is applied, the total amount becomes 9.936 TL. The minimum fees for divorce lawyers are determined and published in the Official Gazette each year by the Turkish Bar Association and the Ministry of Justice. This means that a lawyer cannot practice as a divorce lawyer below these amounts. On the other hand, the lawyer can determine their fee according to the effort and time they will spend on the case. The fee may vary depending on whether the case is an contested or consensual divorce. Your lawyer can also take into account the minimum fees set by local bar associations, such as the Istanbul Bar Association. According to Istanbul Bar Association, it is appropriate to set the divorce lawyer fee at 27.000 TL for uncontested divorce cases and 40.000 TL for contested divorces cases. Value added tax (VAT) is additional. It is important to note that, if there are claims for material and moral compensation in a contested divorce case, the lawyers fee must be at least 15% of the case value, with a minimum of 40.000 TL. Court fees, notary public fees, translation fees and notification fees are additional and cannot be included to retainer fee of the lawyer.

How long does a divorce take in Turkey?

Divorce is a difficult and often emotional process that can be time-consuming and stressful. In Turkey, length of time divorce procedures take and obtaining a divorce order can vary depending on a number of factors, including the complexity of the case, cooperation of the parties involved and whether if it contains the element of foreignness or not. Consensual divorce cases are generally finalized around 3 to 5 months while on the other hand contested divorce cases are finalized within a period of around 2 to 3 years. On the other hand, contested divorce cases involving the element of foreignness may take even longer if the applicable law is different and when it is necessary for the court to serve the petitions and evidences to abroad in cases where at least one of the parties is based in a foreign country. Our law firm has experienced divorce lawyers understanding the complexities of the Turkish legal system and are committed to helping their clients navigate the divorce process as efficiently as possible. We work closely with clients to understand their specific need and goals and develop a strategy that is tailored to their unique circumstances. This helps to speed up the divorce process and minimize the amount of time and resources that are required to resolve the case.

Is divorce acceptable in Turkey?

Yes, divorce is acceptable in Turkey. However if a divorce decree is obtained in a foreign country, courts based in Turkey does not automatically annul a marriage that is registered in Turkey. Clients shall get the divorce decree obtained in foreign country recognized and enforced in Turkey by filing a separate lawsuit in Turkey.

Divorce Settlement in Turkey

In Turkish law, uncontested divorce is possible. The individuals who are aware that the marriage has definitively ended and who can make the final decision in this regard are the parties to the marriage, namely the husband and wife. If the spouses have decided that the marriage has ended, it is not possible for anyone else or any other institution to claim otherwise. If the spouses have reached an agreement regarding divorce, the next step is to determine the conditions for a divorce that is in the best interest of the parties and, as far as possible, ensures that both the parties and the children transition to their new lives with minimal harm. Uncontested divorce is recognized as one of the general grounds for divorce in the Turkish Civil Code. According to Article 166, paragraph 3 of the Turkish Civil Code, if the marriage has lasted for at least one year, and the spouses jointly apply or one spouse accepts the other’s lawsuit, the marriage union is considered to be fundamentally shaken. In this case, for a divorce decision to be made, the judge must be convinced that the parties have freely expressed their will after personally and physically hearing them and must find the arrangement agreed upon by the parties regarding the financial consequences of the divorce and the condition of the children suitable. Taking into account the interests of the parties and the children, the judge may make necessary changes to this agreement. If the spouses agree on an uncontested divorce, the court accepts that an agreement has been reached regarding the fundamental dissolution of the marriage and the intolerability of shared life. If you would like to learn about a divorce settlement in Turkey you can reach our Turkish family lawyers and obtain a case evaluation immediately.

Divorce in Turkey for Foreigners

Divorce in Turkey for foreigners is similar to divorce in Turkey for Turkish citizens, but there may be some additional steps and considerations due to the differences in legal systems and potential language barriers. Here’s an overview of the divorce process for foreigners in Turkey prepared by our Turkish family lawyers.

• Valid Reason for Divorce: You must have a valid reason to seek a divorce according to Turkish civil law. Common grounds for divorce in Turkey stated within the Turkish Civil Code include adultery, mental illness, abandonment, and irreconcilable differences.
• Jurisdiction: If one spouse is a Turkish citizen and the other is a foreign national, the foreign spouse can file for divorce in their own country and request the recognition of the divorce decree issued in the foreign country in Turkey by later on filing a recognition lawsuit. The foreign spouse can also initiate divorce proceedings in Turkey to terminate a marriage that has been recognized in Turkey. It is not necessary for the foreign national spouse to reside in Turkey to file for divorce, a Turkish family lawyer specialized on Turkish family and divorce law can act on behalf of you. If both spouses are foreign nationals residing in Turkey, a divorce case can be filed in Turkey if the marriage is recognized in Turkey. In this case, the applicable law will be determined by the judge according to the provisions of the International Private Law and Procedure Law.
• Legal Representation: While it is not mandatory, it is highly recommended to hire a Turkish attorney who specializes in Turkish family law and Turkish divorce law to navigate the legal system and assist you throughout the divorce process and child custody. This can be particularly helpful if you do not speak Turkish and aware of details of Turkish law system.
• Petition for Divorce: To initiate the divorce process, you or your attorney must file a divorce petition with the Family Court in the city where you or your spouse resides. The petition should include the grounds for divorce and relevant supporting evidences. Court procedures and content of the lawsuit petition depends on the type of divorce the Plaintiff is willing to proceed with.
• Mediation: In Turkey, mediation is not legally required before proceeding with divorce proceedings. Mediation is not mandatory in divorce, but the parties can apply for mediation before initiating divorce procedures to prepare an uncontested divorce protocol within the scope of voluntary mediation.
• Property and Custody: If there are shared assets or children involved, the court will also address property division and child custody arrangements. Be prepared to provide documentation and evidence related to these matters. Marital property division cases can be filed after the divorce lawsuit is finalized.
• Court Proceedings: Divorce proceedings in Turkey can be time-consuming, hard and the duration may vary depending on the complexity of the case and the court’s workload. While it is known that uncontested divorce lawsuits are finalized in a single court hearing, it is expected that contested divorce lawsuits will take at least two to three years.
• Finalizing the Divorce: Once the court reaches a decision, it will issue a divorce decree. After court issues it’s reasoned decision a finalization statement shall be issued. This decree and the finalization statement must be registered with the Civil Registry Office for it to be legally recognized in Turkey. After registration, the divorce is considered final.
• International Recognition: If you are a foreign national, you should check if your home country recognizes the Turkish divorce decree. Some countries may require additional steps or paperwork for the divorce to be recognized in your home country.
• Consult an Attorney: It is crucial to consult with a local attorney experienced in Turkish family law to guide you through the divorce process and divorce protocol, as the divorce procedure and requirements can be complex.

Lawyer Specialized in Family Law

Our law firm in Turkey is a distinguished law firm based in Istanbul, Turkey renowned for its specialization in Turkish family law and Turkish divorce law. Established by a team of dedicated and compassionate attorneys, our divorce law firm in Turkey has earned a stellar reputation for its commitment to excellence, client-centric approach, and extensive knowledge of the Turkish legal system. Our lawyer specialized in family law acts on behalf of our clients relevant to uncontested divorce cases, contested divorce cases, marital property division cases, alimony and compensation cases, recognition and enforcement cases, child custody cases, alimony adaptation cases, collection of the alimony and compensation ruled by the court, issuance of pre-nuptial and post-nuptial agreements, issuance of divorce protocols, removal of the violent spouse from the home, obtaining protection order for domestic violence victims and many other legal transactions relevant to Turkish family and divorce law. Without hesitation you can consult your condition to our lawyer specialized in family law.

• Specialization in Family Law: One of the hallmarks of Mesci Law Firm is its exclusive focus on family law. Unlike general practice firms that cover a broad spectrum of legal areas, Mesci Law Firm’s attorneys have honed their expertise in Turkish family and divorce law, dedicating their careers to mastering the intricacies and nuances of this challenging field.
• Compassion and Empathy: Family and divorce law cases often involve highly sensitive and emotional issues. Whether it’s guiding clients through the painful process of divorce or helping them make critical decisions regarding child custody, Mesci Law Firm’s attorneys approach each case with compassion and empathy. We understand the emotional toll these matters can take on individuals and work diligently to provide not only legal counsel but also emotional support leading to the right choice.
• Legal Excellence: Mesci Law Firm’s attorneys are not only compassionate but also highly skilled and knowledgeable in family law. They stay updated on the latest legal developments and supreme court decisions ensuring that their clients receive the most up-to-date and effective legal advice and services in Istanbul and in Turkey. Their dedication to excellence is reflected in the successful resolutions they achieve for their clients.
• Personalized Solutions: Every family is unique, and so are their legal needs. Mesci Law Firm recognizes this and tailors its legal strategies to the specific circumstances of each unique case. They take the time to listen to their clients’ concerns, goals, and priorities, crafting personalized solutions that align with their clients’ best interests while informing them about the risk and complexities of the procedures and process.

Married in Turkey How Do I Divorce

If you wish to file for divorce and want to know how to divorce in Turkey, the first step is to find a trustworthy Turkish family lawyer who specializes in family and divorce law to manage the divorce procedure on your behalf. You need to grant Power of Attorney to the Turkish family lawyer to initiate the divorce case and provide the Turkish family lawyer with the evidence that supports your arguments in the divorce case. When you get in touch with our law firm’s expert lawyers in family law, the attorney appointed to your case will first listen you, determine which divorce procedure should be preferred with you, take note of your claims and demands, and provide you with detailed information about the divorce procedures. Afterwards, based on the required information and documents, your Turkish family lawyer will prepare a settlement protocol and present it to you for your approval or, if a contested divorce case is to be filed, provide you with a strategic list of evidence to gather necessary documents. If you require assistance with child custody, child support, recognition of a foreign divorce order, protection order, divorce or any other legal matter relevant to Turkish family law, please don’t hesitate to consult the issue to our law firm in Istanbul, Turkey. We have dedicated our divorce lawyers in your interest and service.