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Family Law

Legal processes concerning marriage, divorce, children and property relations between spouses.

ABOUT THIS FIELD

Family law governs the personal and financial consequences of marriage, divorce, matrimonial property, parentage, custody and maintenance. The best interests of the child, privacy of family life and the parties’ social and economic circumstances are considered together in disputes arising in this field.

The court examines the parties’ claims in light of the children’s circumstances, the parties’ social and economic conditions, their property relations and any need for protection. Clearly identifying the claims and the supporting documents before initiating proceedings or filing an application helps define the scope of the dispute.

PROCESS AND TIME LIMITS

Uncontested and contested divorce

An uncontested divorce requires the marriage to have lasted at least one year, a joint application by the spouses or one spouse’s acceptance of the other’s claim, and the judge hearing the parties in person (Turkish Civil Code, Art. 166/3). Custody, maintenance and the division of property are expected to be settled in a protocol. If no agreement is reached, the case proceeds as a contested divorce, in which the ground for divorce and fault are proved with the evidence the parties submit.

Custody and maintenance

Custody decisions are based on the best interests of the child, whose views are heard as far as the child’s age and maturity allow. Interim maintenance may be requested while the case is pending; on divorce, child maintenance may be claimed for the child and poverty maintenance for a spouse who would fall into poverty because of the divorce. Where circumstances change, an increase or reduction of maintenance is sought in a separate action.

Liquidation of the matrimonial property regime

Unless the spouses have chosen another regime by contract, the participation in acquired property regime applies to property acquired after 1 January 2002. Claims for a participation share, contribution share and value-increase share are heard in a case separate from the divorce, and the date on which the property regime ended is decisive for the calculation.

Protection orders

Where there is violence or a risk of violence, measures such as removal from the home and a no-contact order may be requested under Law No. 6284 from the family court or, where delay would be harmful, from the law-enforcement chief or the district governor. No evidence or document proving the violence is required for a protection order (Art. 8/3).

FREQUENTLY ASKED QUESTIONS

Which court hears a divorce case?

Divorce cases are heard by the family court; where there is no family court, the civil court of first instance performs this function. The competent court is that of the place of residence of either spouse or of the place where the spouses lived together for the last six months before the case (Turkish Civil Code, Art. 168).

Is there a time limit for a divorce case based on adultery or ill-treatment?

Yes. Cases based on adultery, an attempt on life, or grossly ill or degrading treatment must be brought within six months of learning of the ground and, in any event, within five years of the event. A spouse who has forgiven the conduct has no right of action (Turkish Civil Code, Arts. 161 and 162).

Can maintenance be increased or reduced later?

Maintenance paid as periodic payments may be increased or reduced if the parties' financial situation changes or fairness so requires. It ends automatically if the recipient remarries, and is ended by court decision if the recipient cohabits as if married, ceases to be in need or leads a dishonourable life (Turkish Civil Code, Art. 176).

Can a custody decision be changed?

Where new facts such as the custodial parent's remarriage, relocation or death require it, the judge takes the necessary measures of his or her own motion or at the request of either parent (Turkish Civil Code, Art. 183). The child's best interests also govern a request for change.

What does the protocol in an uncontested divorce contain?

The spouses agree on the financial consequences of the divorce and on the situation of the children; custody, personal contact, maintenance and division of property are set out in this arrangement. The judge hears the parties in person and must approve the arrangement, and may make the changes he or she considers necessary in the interests of the parties and children (Turkish Civil Code, Art. 166/3).

Within what period can a divorce judgment be appealed?

The time limit for an appeal to the regional court is two weeks from the proper service of the judgment on the parties (Code of Civil Procedure, Art. 345). Judgments in family law matters cannot be enforced until they become final; for maintenance orders, however, a stay of enforcement cannot be ordered (Code of Civil Procedure, Art. 350).

DOCUMENTS

The following documents are usually used when a file in this field is reviewed:

  • Civil registry record and family register
  • The children's school and health records
  • Payslips, tax and bank records showing the parties' income
  • Title deeds and registration documents for property and vehicles acquired during the marriage
  • Any medical reports, complaints and protection orders concerning violence or threats
  • Correspondence and messages relating to the dispute
SCOPE

Principal areas of work

  1. 01

    Uncontested and contested divorce proceedings and divorce protocols

  2. 02

    Custody, personal contact and child handover procedures

  3. 03

    Claims for interim, child and post-divorce maintenance

  4. 04

    Liquidation of matrimonial property; participation, contribution and increase-in-value claims

  5. 05

    Disputes concerning jewellery claims

  6. 06

    Protective and preventive measures under Law No. 6284

  7. 07

    Establishment or denial of parentage, paternity and adoption procedures

  8. 08

    Recognition and enforcement of foreign family-law judgments