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Practice area

Family and Divorce Law

Family law governs the relationships between spouses from the formation of the marriage to its end, custody of children, alimony obligations and the division of property acquired during the marriage. People who are considering divorce or are going through it, those seeking a decision on custody and alimony, and those who want to bring a case about their personal status look for legal support in this area.

What we handle in this area

  • Uncontested divorce: Preparing the divorce protocol and handling the hearing.
  • Contested divorce: Cases based on the irretrievable breakdown of the marriage and on the specific grounds for divorce listed in the law.
  • Custody and personal contact: Determining and changing custody and arranging personal contact with the child.
  • Alimony: Interim, poverty and contribution alimony claims; increasing or terminating alimony.
  • Matrimonial property: Liquidation of the participation in acquired property regime and participation claims.
  • Family home annotation: Registering the annotation in the land registry.
  • Personal status cases: Change of name and recognition of a minor as an adult.

How does the process work?

1. Initial assessment. Whether the spouses can agree, the situation of the children and the assets are assessed together. If there is an agreement, a protocol regulating the financial consequences and custody is prepared.

2. Lawsuit. Divorce and other family law cases are heard by the family court (Law No. 4787). In an uncontested divorce, the judge grants the divorce if, after hearing the spouses in person, the protocol is found appropriate (Civil Code, Art. 166/3). In a contested divorce, the parties present their claims and evidence; measures such as interim alimony and temporary custody can be requested while the case is pending (Civil Code, Art. 169).

3. Appeals. Family court decisions can be appealed and, where the conditions are met, taken to the Court of Cassation.

Requests for a change of name (Civil Code, Art. 27) and for recognition as an adult (Art. 12) are examined on application to the court at the place of residence.

Frequently asked questions

What conditions apply to an uncontested divorce?

The marriage must have lasted at least one year; the spouses must apply together, or one must accept the case filed by the other; the judge must hear the parties in person and approve the agreement on the financial consequences of the divorce and on the children (Turkish Civil Code, Art. 166/3).

Is mediation required before filing for divorce?

No. Mediation is not a condition for filing a divorce case; the case is filed directly with the family court.

What types of alimony are there?

The main types are interim alimony, which can be ordered while the case is pending (Civil Code, Art. 169); poverty alimony for a spouse who would fall into poverty because of the divorce (Art. 175); and contribution alimony for the child's care and education expenses (Art. 182).

What is a family home annotation for?

By annotating the land registry record of the property used as the family home, the owner spouse is prevented from transferring the home or restricting rights over it without the express consent of the other spouse (Civil Code, Art. 194).

Sources
  1. Turkish Civil Code No. 4721, Arts. 12, 27, 161–166, 169, 175, 182, 194, 202 et seq.
  2. Law No. 4787 on the Establishment, Duties and Procedures of Family Courts
  3. Legislation (in Turkish): mevzuat.gov.tr

This page is for general information only and does not constitute legal advice or opinion. Last reviewed: .

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