Divorce is the last resort for most couples however sadly it is a truth we must reckon with, divorcing in a foreign country can though be a little frightening so we will attempt to guide you to the system here in Turkey. Our aim is to give a clear and reassuring guide to a successful negotiation thorough these tricky waters.
In Turkey there as there are in other countries two main types of Divorce:
- Divorce Settlement Agreement
- Contentious Divorce
Divorce Settlement Agreement
If a marriage has been for at least one year and both spouses are agreed to the financial and physical arrangements (alimony, indemnity,custody) thereafter then they can divorce in one court hearing. In this situation the divorce lawyers draw up a settlement agreement listening to the needs of both sides and then after the spouses sign this they submit this to the court. However do note that the Lawyer will offically only be the legal representative of one of the spouses as his plaintiff. If both spouses engage a lawyer then the legal procedures are faster. Both spouses must appear at the hearing if this not possible in the case of one of them being a foreigner then by means of a Power of Attorney given to the Divorce Lawyer and a witness then the Divorce may go ahead.
If the marraige has been for less than a year, then normally the court requires them to wait for one year then divorce. However in extreme circumstances which must be prooved by evidence or witness report the marraige may be ended before this year. If this has been proven and both spouses are agreed on this even if one spouse cannot be in Turkey the divorce may go ahead with a Power of Attorney given to their Divorce Lawyer.
In the event where both spouses do not agree to a divorce or to the terms of divorce the Divorce if granted and the terms agreed to are decided by the court. In the court case both spouses present their sides represented by a lawyer or not. Where both spouses have a Divorce Lawyer to negotiate and defend these terms for their client the case is more expedient.
Where there is a claim or insinuation by the plaintiff this must be proven by evidence and presented by the Divorce Lawyer to the Judge presiding on the case. Note that if this evidence is not succesfully proven and argued in court the Judge has the right to refuse the Divorce and the spouse must wait three years in order to re-apply. This most often only the case where the plaintiff does not engage a Divorce Lawyer.
Here in Ankara the capital city of Turkey we at Yildiz&Colak have a long and prestigious experience in foreign Divorce Cases. Our specialized Divorce Lawyers’legal expertise guarantees a smooth negotiation to a settlement with the minimum of stress and expense incurred possible. We have a full time English paralegal Karen Anderson to guide you on every step of your journany here in your case. Our Law Firm is located conveniently close to the Family Courts in Ankara and close to all city centre amenities.