Turkish Divorce Lawyer, Turkish Family Law
FAMILY AND DIVORCE LAW
Family law is a legal discipline that regulates relations of individuals’ family environments comprising of issues related to family relations such as marriage, divorce, engagement, property division, alimony, custody and guardianship and that aims to protect both parties in a legal relationship. The matter of family encompasses many areas of life. Thus lawyers specialized in the field, therefore, prefer assisting people facing domestic problems under family law umbrella from adoption to paternity, from recognition of marriage to divorce, from child custody to alimony.
Family law is a legal discipline that regulates relations of individuals’ family environments comprising of issues related to family relations such as marriage, divorce, engagement, property division, alimony, custody and guardianship and that aims to protect both parties in a legal relationship. The matter of family encompasses many areas of life. Thus lawyers specialized in the field, therefore, prefer assisting people facing domestic problems under family law umbrella from adoption to paternity, from recognition of marriage to divorce, from child custody to alimony. Current marriage and divorce statistics states that hundreds of thousands of married couples get divorced every year. Due to it’s sensitive nature, the divorce can be one of the most traumatic experiences in an adults life. Our law firm in Turkey understands the inherently sensitive nature of family law practice. We believe, a family lawyer shall not limit her services with professional advice and support, but also shall provide effective legal services to her clients whenever they are in an emotional turmoil. The family lawyer you seek must have an excellent work ethic, must be sensitive to your emotional condition but shall be able to put aside her own emotions and act with extensive legal knowledge under any circumstance putting overpressure. In Turkish Law, there is no obligation for the principal to follow his/her cases with a lawyer. However, bearing in mind complex contents of the family law, we are in the opinion that married couples willing to divorce shall at least take legal assistance and consultation from a divorce lawyer in Turkey before filing a divorce case and understand detailly his/her rights and obligations to the full extent.
MESCI Law Firm has a team specialized in family and divorce law allocated always for family law matters. Our family lawyers in Turkey and divorce lawyers in Turkey also do represent victims or perpetrators of domestic violence before the civil and criminal courts, making complaints before the public prosecutors, obtaining protection orders and shielding their clients rights in the best manner. Our law firm in Turkey is all about listening you, understanding the difficulties you are going through, drawing you a legal pathway and coming up with applicable solutions clarifying your judgement and leading you to the right choice.
Divorce can be briefly defined as, termination of marital union by a court decision. In other words, a divorce, formally dissolves a legally valid marriage. If there is an element of foreignness in a divorce case, it is important for your lawyer to determine whether if divorce lawsuit can be filed in Turkey or not and whether if Turkish rules are applicable to the dispute or not. If spouses are willing to divorce before the Turkish Courts, their marriage must be valid as per Turkish law and registered before the Civil Registry. If spouses are citizens of the same foreign country or different foreign countries with a domicile in Turkey, they have the right to file for divorce before the relevant Turkish court. If one spouse is a Turkish citizen and the other is a citizen of a foreign country we shall then take a look to Article 41 of 5718 numbered Law. As per mentioned article, if lawsuits concerning the personal status of Turkish citizens are not or cannot be filed before the foreign courts, the competent court in Turkey based on the relevant place shall handle the case. In case of absence of such a competent court, the place where this Turkish national is resident shall be a determinant. If this person does not reside in Turkey, the case shall be handled by the court of his/her last domicile in Turkey and in absence thereof, it shall be filed before the Courts of Istanbul, Ankara or Izmir. If spouses are foreigners that are not based in Turkey, they can still file for a divorce in Turkey in several conditions that shall be carefully evaluated by a divorce lawyer in Turkey.
As mentioned above, the fact that a divorce lawsuit containing the element of foreignness can be filed before the relevant Turkish court doesn’t always mean that Turkish law will be applied to the dispute. Which law shall be applied to the dispute is also an issue that needs to be carefully examined before filing a divorce lawsuit in Turkey. As per Article 14 of the 5718 numbered International Private and Civil Procedure Law, the grounds and provisions for divorce and judicial seperation shall be governed by the common national law of the spouses. If the spouses have different nationalities, the law of the place of their common habitual residence, in case of absence of such residence, Turkish law shall apply.
Reasons for divorce are categorized as common and special grounds for divorce in Turkish law under Articles 161 to 166 of Turkish Civil Code. Adultery, deliberate attempt to kill, maltreatment, physical violance, humiliating or unreasonable behaviour, committing a crime, desertion, mental disease are regulated under special grounds for divorce while irretrievable breakdown of the marriage, incompatibility, coming into a mutual agreement on divorce, de facto separation or inability to establish a common life are regulated under common grounds for divorce.
There are two types of divorce lawsuits in Turkey: contested divorce lawsuit and consensual divorce lawsuit. Contested divorce occurs when spouses willing to end the marriage have conflict on terms and conditions of the divorce such as child custody and alimony. Consensual (uncontested) divorce on the other hand occurs when spouses mutually agree on the terms and conditions of the divorce. Court procedures entirely change as per divorce type chosen by the client. Generally clients are in the tendency to prefer proceeding with the consensual divorce since they are concluded within weeks, are cheaper bearing in mind lawyer fees, are easier based on the procedures and are less harmful for children. We find it important to mention here that as per Article 166 of Turkish Civil Code, spouses may file for consensual divorce only if the marriage lasted at least for one year. Again, as per Article 166 of Turkish Civil Code, in order for a lawsuit to be defined as a consensual divorce lawsuit, spouses must apply to the court together for divorce or one of the spouses shall apply to the court while the other spouse accepts the consensual divorce lawsuit filed against him/her. After a consensual divorce lawsuit is filed, if a conflict on the agreed terms and conditions of divorce occurs between parties, lawsuit will turn into a contested divorce lawsuit.
Apart from the above, we find it necessary and important to inform our counselees about another key information that shall be duly noted. As per Article 166/4 of the Turkish Civil Code, in case where it has been decided rejection of the petition filed for any one of grounds for divorce it is not possible to file another divorce lawsuit based on the same ground for 3 years following the finalization of the decision and as per Article 178 of the same code, rights of action arising from the dissolution of marriage due to divorce (for example alimony, precuniary and non-pecuniary damages, claims regarding marital property division) will become time-barred after one year has passed since the finalization of the divorce decree.
With her professional lawyers specialized in Turkish divorce law MESCI Law Firm provides legal consultancy and services regarding consensual and contested divorce lawsuits in Turkey, prepares contractual divorce protocols in accordance with benefits and requests of both parties, provides detailed information on the rights and obligations of the spouses, reasons for the divorce, the points where rights of the parties are violated thus draws the most applicable pathway in favor of her clients. Besides, having clients all over the World, MESCI Law Firm actively substitutes and carries out divorce cases with foreign elements. In this context, our divorce lawyers in Turkey provide legal consultancy regarding the law to be applied in accordance with the provisions of the International Private and Procedural Law, whether if client is exempted from depositing guarantee to the court or not, prepares and file recognition and enforcement lawsuits regarding the foreign divorce orders and handles division of matrimonial property lawsuits.
OUR RANGE OF SERVICES AS FAMILY LAWYERS IN TURKEY AND DIVORCE LAWYERS IN TURKEY
- Filing recognition and enforcement lawsuits regarding recognition and enforcement of a foreign court order.
- Preparing consensual divorce protocol and filing a consensual divorce lawsuit for both parties.
- Filing contested divorce lawsuits and following up each case stage.
- Obtaining protection order from the family court.
- If actions of one of the parties constitutes crime, filing criminal complaint before the public prosecutors office, following up the investigation and prosecution phases to the end.
- Filing lawsuits regarding marital property division, obtaining preliminary injunction if required.
- Filing alimony, material and moral compensation lawsuits on behalf of the client.
- Obtaining aid alimony, welfare allowance, child maintenance and temporary alimony (alimony ad interim).
- Obtaining the matrimonial home annotation for the real estate properties and ensure the annotation is added on the registry.
- Filing and following up custody and guardianship lawsuits.
- Filing and following up paternity lawsuits.
- Filing and following up parental rejection lawsuits regarding refusal that a child is one’s own.
- Providing legal services regarding issuance of testament.
- Filing and following up revocation of will lawsuits.
- Filing and following up adoption lawsuits.
- Filing and following up lawsuits regarding appointment of a trustee, dismissal of the trustee and the responsibility of the trustee.
- Taking part actively in national and international child abduction cases.
- Providing legal consultancy on divorce law, child custody and alimony.
How long is the divorce process in Turkey?
The divorce process in Turkey can vary in length, depending on the specific circumstances of the case. Typically, the process can take anywhere from several months to several years. If the divorce is uncontested and both parties agree on the terms, it can be completed relatively quickly. However, if the divorce is contested and the parties cannot agree on the terms, it can take longer to resolve. Factors such as the presence of children and property disputes can also prolong the process.
Is divorce legal in Turkey?
Yes, divorce is legal in Turkey. The legal framework for divorce in Turkey is governed by the Turkish Civil Code, which allows for both contested and uncontested divorce. In Turkey, divorce can be obtained by either mutual agreement or by court order. In mutual agreement divorce, both parties agree to divorce and submit a joint petition to the court. While in contested divorce, one of the party files a petition to the court and the court makes decision after hearing both parties. Divorce by mutual agreement can be obtained within a very short time, while divorce by court order takes longer and depends on the court’s schedule.
What's the divorce rate in Turkey?
The divorce rate in Turkey has been increasing in recent years. According to the Turkish Statistical Institute (TurkStat), the divorce rate in Turkey was 1.3 per 1,000 population in 2018. This represents an increase from 1.2 per 1,000 population in 2017, and 1.1 per 1,000 population in 2016. The divorce rate in Turkey is relatively low compared to other countries, but it has been steadily increasing over the years. Factors such as changing societal attitudes towards marriage and divorce, as well as economic and social changes, have likely contributed to the increase in the divorce rate in Turkey.
Is it easy to get a divorce in Turkey?
Whether it is easy to get a divorce in Turkey can depend on the specific circumstances of the case. If the divorce is uncontested and both parties agree on the terms, it can be relatively straightforward and completed quickly. For example, if the divorce is by mutual agreement and the couple has no children or property disputes, it can be completed within a short time frame.
However, if the divorce is contested and the parties cannot agree on the terms, it can be more difficult to obtain and take longer to resolve. Factors such as the presence of children and property disputes can also prolong the process and make it more difficult. Additionally, some cultural and social pressure to avoid divorce in Turkey, might make the process more difficult for some people.
It’s important to note that the legal process for divorce in Turkey can be lengthy and costly, and it’s advisable to seek legal guidance from a lawyer who specializes in family law.