Family Law
Disputes arising from the marital union, above all divorce, custody, maintenance and liquidation of the matrimonial property regime.
Contents
Family law governs the relations arising from marriage and from parentage; the principal text is the Turkish Civil Code No. 4721. A divorce case often looks like a single action, yet it containsseveral independent claims: the divorce itself, custody, maintenance, compensation, and liquidation of the matrimonial property regime. Which of these are pursued in the same file and which in a separate action changes both the length of the process and its outcome.
Divorce
Uncontested divorce
Where the marriage has lasted at least one year and the parties have agreed on the financial consequences of the divorce and on the position of the children, the case may conclude in a single hearing if the judge approves the protocol. A protocol drawn up incompletely is the most common source of fresh litigation after the divorce.
Contested divorce
Actions founded on the grounds listed in the Code, above all the irretrievable breakdown of the marital union; the effect of the finding on fault upon maintenance and compensation, the gathering of evidence, and the assessment of witness accounts.
Custody and contact
Arrangement and variation of custody, establishing contact with the child, and disagreement over decisions such as travel abroad and a change of school. The judge takes the child's superior interest as the basis; the wishes of the parents do not come before that criterion.
Maintenance
Interim maintenance ordered while proceedings are pending, poverty maintenance claimed together with the divorce, and child maintenance; actions to increase, reduce or terminate maintenance where circumstances change.
Liquidation of the matrimonial property regime
For marriages contracted after 2002 the statutory regime is participation in acquired property. On liquidation, personal property is separated from acquired property, and the participation claim and the share in any increase in value are calculated. This claim forms a separate action from the divorce and is not decided until the divorce is final.
Protection orders
Restraining orders and other protective measures under Law No. 6284, the duration and extension of a measure, and objection to the order.
Parentage and related claims
Actions to establish paternity, denial of parentage, acknowledgement and adoption; the annotation of the family residence and the dispositions for which the consent of the other spouse is required.
Frequently asked questions
What conditions must be met for an uncontested divorce?
The marriage must have lasted at least one year; the parties must apply together, or one must accept the action brought by the other; and they must have agreed on the financial consequences of the divorce and on the position of the children. If the judge does not approve the protocol, changes may be required.
Is the division of property dealt with in the divorce case?
Liquidation of the matrimonial property regime is a separate action. It may be brought together with the divorce but is not decided until the divorce decree is final. The property regime is treated as having ended on the date the divorce action was brought.
Do I have a claim over property registered in my spouse's name?
Under the regime of participation in acquired property, the value calculated on liquidation of property acquired during the marriage is, as a rule, shared between the spouses. This is not co-ownership of the asset but a calculated monetary claim. Property received by inheritance or gift, and property owned before the marriage, count as personal property.
Can the amount of maintenance be changed later?
Where the financial position of the parties changes, or where equity requires it, maintenance may be increased, reduced or terminated. A fresh action is needed for that; the change does not take effect on its own.
To whom is custody granted?
The judge takes the child's superior interest as the basis, assessing the age of the child, the routine the child is used to, the relationship of each parent with the child, and their capacity to provide care. Beyond a certain age the child is also heard. Custody resting with one parent does not remove the other parent's contact with the child.
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