Family Law in Turkey
Family Law in TurkeyUpdated on Saturday 17th December 2022
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All families in Turkey are registered with the local Vital Statistics and every change that may appear in the structure of a family is required to be mentioned to the Turkish authorities. Marriages are also registered with the local authorities in Turkey. The Family Law in Turkey is well structured and comprises information about a wide range of topics that can be explained by one of our Turkish lawyers.
Divorce in Turkey
The divorce procedures can be started by a Turkish lawyer who has the power of attorney given by one of the spouses, in front of a public notary. The spouses may choose if the trial is open for the public or it will take place with the doors closed. The Turkish judge may offer a period of three years for the reconciliation of the two spouses. After this period, if the two spouses continue to ask for the divorce, the judge will give them a court decision in this regard. Here are other important aspects related to a divorce in Turkey, stipulated by the Family Law in Turkey:
- Unreasonable behavior, mental disease, adultery, maltreatment, leaving the conjugal house for more than just a year, are serious grounds for divorce in Turkey.
- Consensual divorce and contentious divorce are permitted in Turkey. In both cases, legal representation can be offered by one of our lawyers in Turkey.
- A contested divorce starts with a petition submitted to the court of law.
- In the case of a consensual divorce, this procedure can be adopted if the couple was married for at least one year.
- Child custody, support, and maintenance, plus the distribution of assets are normally discussed at the beginning of the divorce procedure. Both spouses must agree on these aspects.
- In the case of foreigners getting a divorce in Turkey, the law of the country where they live or reside is applicable.
The divorce procedure might be time-consuming if spouses decide on separation in a court of law. We suggest you address one of our Turkish lawyers for such cases and see how they can help you from a legal point of view. Our specialists can also assist foreigners interested in the divorce procedure in Turkey.
Immigration to Turkey comes to the attention of our lawyers who can help foreigners, from a legal point of view. Although many of the formalities have been simplified, there is a need for specialist advice to avoid problems related to the language or those related to the necessary documents. In addition to the visa required to enter Turkey, a residence permit is also needed if you are relocating for a longer period of time. Therefore, discuss all legal aspects with one of our Turkish lawyers.
Custody in Turkey
The family regulations in Turkey include the rules regarding children, especially when their parents decide to divorce. The rules related to custody are mentioned by the Civil Code Law No. 4721 that stipulates that the mother and the father have the custody rights since the birth of a child until he/she is 18 years old. In the case of a divorce, the custody is given to one of them, if the child was born during the marriage, and to the mother if she gave birth outside a conjugal union. Both parents are the legal representatives of the child until he is 18 years old; after this age, he/she can act on the best interest of the child, without involving the the parents as an obligation of the Family Law in Turkey. Here are other essential details that must be considered:
- When the child is minor, his/her parents are required to take care of him/her, educate and ensure the means of living. The children must respect their parents and their will and they are not allowed to leave their house without parents’ consent.
- When it comes to a divorce and the judge must decide what parent takes the custody of the child, there are a few factors that will influence the decision. The major factor is the possibility of a parent to offer the child a better life, better education and living.
- The judges usually offer the custody to the mothers because they are considered more appropriate to take care of young children. The father can take the custody if the mother is not able to ensure a proper education and living for the child.
Besides support for divorce procedure and child custody in Turkey, our specialists can also help investors start a business in Turkey.
Getting married in Turkey
First of all, it is important to know that there are no restrictions for foreigners who want to get married in Turkey, mentioning that civil marriages are recognized in this country. According to the Family Law in Turkey, citizens of at least 19 years of age can get married in this country. It is forbidden to marry a close relative, and if there isn’t a divorce paper for a previous marriage. The same provisions of the Family Law in Turkey mention the following aspects:
- A certificate of celibacy is required for getting married in Turkey, to prove the status of a single person. One of our lawyers in Turkey can help you in this matter.
- Turkish women need to wait around 300 days until they can marry again, after a divorce.
- The religious registration of a marriage can take place after the civil one.
Feel free to discuss all the legal terms with our Turkish specialists and see how they can help you with the formalities and necessary documents for marriage registration in Turkey.
Nuptial agreements in Turkey
According to the Family Law in Turkey, pre-nuptial agreements are accepted in this country, under two different forms:
- The marital property regime – the marriage officer is informed about a separate property regime.
- The pre-nuptial contract – this is a document that must be completed in front of the public notary.
In other words, spouses can protect their personal belongings before the marriage takes place, with the help of a pre-nuptial agreement. Persons interested in more details about pre-nuptial agreements can discuss with our attorneys in Turkey. We will gladly provide support and guidance throughout this procedure.
Adoption in Turkey
Adoption of children is possible in Turkey, under certain conditions. Couples must be married for at least 5 years before starting the adoption procedures in Turkey. In the case of unmarried persons interested in adoption, they must be of at least 30 years of age. It is important to note that same-sex couples cannot adopt children in Turkey, as such an aspect is not permitted. Those interested in adoption procedures in Turkey can discuss all the legal aspects with our specialists in Turkey.
Choosing the services of our Turkish lawyers
We have a dedicated team of lawyers with experience in Turkish Family Law matters who can help both nationals and foreigners deal with different issues or aspects. It is not that complex to get married or get a divorce in Turkey, however, some legal matters might not be fully understood. Our Turkish lawyers are here to provide support and guidance to all clients interested in Family Law provisions and more. Here are some interesting facts and figures about divorce and marriage in Turkey:
- More than 541,000 couples got married in 2019 in Turkey.
- More than 155,000 divorces were registered in 2019 in Turkey, according to the Turkish Statistical Institute, cited by aa.com.tr.
- More than 23,000 foreign women got married in Turkey in the same year.
- Women from Syria and Azerbaijan represent a large number of foreigners who got married in Turkey in 2019.
Our law firm in Turkey may offer you details about the Family Law in Turkey and the rights of the members of a family. If you need to divorce or get married, you can talk to one of our Turkish attorneys who will handle the legal procedures. Contact us for complete assistance.