Family and divorce law in Turkey is governed primarily by the Turkish Civil Code. It regulates marriage, divorce, child custody, and property division. The legal framework aims to protect family unity while ensuring individual rights. Turkish family law aligns with modern legal principles, emphasizing equality between spouses and the welfare of children.

Understanding the legal structure of marriage and divorce in Turkey is essential for both Turkish citizens and foreign nationals. While marriage is generally straightforward, divorce proceedings can be complex, particularly when disputes arise over financial matters, child custody, or spousal support.

Marriage Laws in Turkey

Legal Requirements for Marriage

Marriage in Turkey is subject to specific legal conditions to ensure its validity. Turkish law recognizes only civil marriages, meaning religious ceremonies have no legal standing. To marry legally, couples must meet the following conditions:

• Minimum age requirement: Both individuals must be at least 18 years old. In exceptional cases, a court may allow marriage at 17 with parental consent.
• Capacity to marry: Individuals must have the mental capacity to understand the responsibilities of marriage.
• Prohibition of polygamy: Polygamous marriages are strictly prohibited under Turkish law.
• No close blood relation: Marriage between close relatives, such as siblings or first-degree relatives, is illegal.
• Official marriage ceremony: Marriages must be conducted before a civil authority, such as a municipal registrar.

Foreign nationals wishing to marry in Turkey must provide additional documentation, including a certificate of no impediment to prove they are legally eligible to marry under their country’s laws.

Property Regimes in Marriage

The Turkish Civil Code regulates property division between spouses. The default marital property regime is the regime of participation in acquired property (Edinilmiş Mallara Katılma). Under this system:

• Assets acquired during marriage are considered joint property, unless otherwise specified by a contract.
• Pre-marital assets remain personal property, unless explicitly transferred into joint ownership.
• Spouses can opt for a different property regime through a prenuptial agreement, choosing between separation of property or community of property.

Grounds for Divorce in Turkey

Divorce in Turkey can be classified into two main categories: contested (çekişmeli boşanma) and uncontested (anlaşmalı boşanma). The legal process and duration depend on whether both parties agree to the divorce terms.

Consensual Divorce (Anlaşmalı Boşanma)

An uncontested divorce occurs when both spouses mutually agree on all divorce terms. It is the fastest and simplest method, provided that:

• The couple has been married for at least one year.
• Both parties appear before the judge to confirm their mutual consent.
• A written agreement covering child custody, alimony, and property division is submitted to the court.

The judge evaluates the fairness of the agreement, particularly regarding child custody and financial arrangements. If no issues arise, the divorce is finalized in a short time, often within one or two hearings.

Contested Divorce (Çekişmeli Boşanma)

A contested divorce occurs when spouses disagree on critical issues, such as child custody, spousal support, or asset distribution. These cases require evidence, witness testimony, and detailed legal arguments. Contested divorces can take several months or even years to reach a conclusion.

Grounds for contested divorce include:

• Adultery (zina): If one spouse proves adultery, the other spouse may lose financial claims, including alimony.
• Severe incompatibility (evlilik birliğinin temelden sarsılması): A marriage that has become unsustainable due to persistent conflicts may be dissolved.
• Abuse or mistreatment (kötü muamele): Physical or psychological violence is a legal ground for divorce.
• Abandonment (terk): If one spouse leaves the marital home for at least six months without a valid reason, the other spouse can file for divorce.
• Criminal behavior or addiction (suç işleme ve haysiyetsiz yaşam sürme): If a spouse engages in illegal activities or has a severe addiction affecting family life, divorce may be granted.

In contested divorce cases, the court assesses the evidence and listens to both parties before making a ruling. Depending on the complexity, proceedings may take one to three years if appeals are filed.

The Divorce Process in Turkish Courts

The divorce process in Turkey follows structured legal steps, ensuring both parties have an opportunity to present their claims. The case is heard in a family court, and the timeline varies depending on whether the divorce is contested or uncontested.

Filing a Divorce Petition

To initiate a divorce, the petitioner must:

• Submit a divorce petition (boşanma dilekçesi) to the family court.
• Provide supporting documents, including financial records and evidence related to the divorce claims.
• Indicate the type of divorce (contested or uncontested).

Court Hearings and Evidence Evaluation

Once the petition is filed:

• The court schedules hearings where both parties present their arguments.
• Witness testimonies and documents, such as financial statements and communication records, may be examined.
• For cases involving child custody, expert reports from psychologists or social workers may be requested.

Final Decision and Appeal Rights

After reviewing the case, the judge issues a decision on:

• Divorce approval or rejection
• Child custody arrangements
• Division of assets and alimony payments

If either party disagrees with the ruling, they may appeal the decision to a higher court within two weeks of the judgment.

Conclusion

Family and divorce law in Turkey provides a clear legal framework to ensure fair treatment of both spouses. Marriage is strictly regulated, and divorce cases are handled within family courts. The process varies based on whether the divorce is contested or uncontested. While uncontested divorces are resolved quickly, contested cases require legal arguments and court evaluations.

The next section will explore child custody laws, alimony regulations, and post-divorce financial rights.

Child Custody, Alimony, and Financial Rights After Divorce in Turkey

Divorce in Turkey not only terminates a marriage but also establishes legal responsibilities regarding child custody, alimony, and property division. The Turkish Civil Code ensures that these matters are handled in a way that protects the rights of both spouses and prioritizes the welfare of children.

The financial consequences of divorce depend on various factors, such as the length of the marriage, the financial contributions of each spouse, and the needs of the children. In contested divorces, these issues are often the most disputed aspects of the case.

Child Custody (Vesayet ve Velayet) in Turkish Divorce Law

Custody Principles in Turkey

Child custody decisions in Turkey are made based on the best interests of the child. The court evaluates several factors before determining which parent will be awarded custody.

Key considerations include:

• The child’s age, emotional needs, and level of attachment to each parent.
• The financial and psychological stability of both parents.
• The ability of each parent to provide a safe and supportive living environment.
• The child’s own preferences if they are mature enough to express them.

Who Gets Custody After Divorce?

• For young children, especially under the age of 7, courts often grant custody to the mother, assuming she can provide adequate care.
• In cases where the mother is deemed unfit due to health issues, financial instability, or other reasons, custody may be granted to the father.
• If the child is older, courts may consider the child’s preference before making a decision.

Joint Custody in Turkey

Turkish law does not automatically recognize joint custody after divorce unless both parents agree to it in an uncontested divorce. In contested cases, custody is awarded to one parent, while the other receives visitation rights.

The non-custodial parent is legally entitled to:

• Regular visitation as determined by the court.
• The right to participate in major decisions about the child’s education, health, and general well-being.
• The obligation to pay child support (iştirak nafakası).

Alimony (Nafaka) After Divorce in Turkey

Alimony is one of the most critical financial aspects of divorce, ensuring economic balance between former spouses. Turkish family law recognizes different types of alimony, depending on the circumstances of the divorce.

Types of Alimony in Turkey

1. Temporary Alimony (Tedbir Nafakası):

   • Ordered during the divorce process to support the financially disadvantaged spouse or children.
   • Ends when the divorce is finalized.

2. Child Support (İştirak Nafakası):

   • Paid by the non-custodial parent to contribute to the child’s expenses.
   • Continues until the child reaches adulthood (18 years old) or longer if they pursue higher education.

3. Spousal Alimony (Yoksulluk Nafakası):

   • Awarded to a spouse who cannot maintain their financial standard after divorce.
   • The requesting spouse must prove that they are in financial need.
   • The court considers the economic status of both spouses before ruling on the amount.

4. Compensation for Moral or Financial Damages (Tazminat):

   • If one spouse is found more at fault in the divorce (e.g., due to adultery or domestic violence), they may be ordered to pay material or moral compensation to the other spouse.

How is Alimony Calculated?

The court considers various factors when determining the alimony amount:

• The financial situation of both spouses.
• The standard of living during the marriage.
• The requesting spouse’s ability to support themselves after divorce.
• The needs of the children if child support is required.

Alimony payments can be adjusted over time based on inflation, economic changes, or significant life events (e.g., remarriage of the receiving spouse).

Property Division After Divorce in Turkey

One of the most complex aspects of divorce is the division of assets. Turkish law applies a default marital property regime unless the spouses have signed a separate property agreement.

Marital Property Regimes in Turkey

Since 2002, Turkey follows the regime of participation in acquired property (edinilmiş mallara katılma). Under this system:

• Any assets acquired during the marriage are subject to equal division.
• Personal property owned before marriage remains under the ownership of the original spouse.
• Gifts, inheritances, and compensation payments are not considered shared property.

What is Considered Marital Property?

The following assets are typically considered shared property and subject to division:

• Real estate acquired during marriage.
• Bank accounts and savings accumulated after marriage.
• Vehicles, businesses, and investment properties.

Spouses can choose a different property regime through a prenuptial agreement, specifying separate ownership of certain assets.

How Property is Divided in Contested Cases?

If spouses cannot agree on how to divide their assets, the court evaluates:

• Who contributed financially to acquiring the asset.
• Whether both spouses contributed to the marriage, even if one was not employed.
• The presence of hidden assets, requiring financial investigations.

In some cases, a spouse may claim a larger share if they can prove a greater contribution to the marriage or the acquisition of assets.

Post-Divorce Financial Rights and Responsibilities

After the divorce is finalized, both spouses have specific financial rights and obligations. These include:

• The right to alimony or child support if granted by the court.
• The obligation to pay debts incurred during the marriage, depending on the legal ownership structure.
• The right to request modifications to alimony or child support in case of financial changes.

Conclusion

Divorce in Turkey involves complex legal and financial decisions regarding child custody, alimony, and asset division. The Turkish legal system prioritizes the well-being of children and financial fairness between spouses.

The next section will focus on divorce procedures for foreign nationals, international marriages, and the recognition of foreign divorce rulings in Turkey.

Divorce Procedures for Foreign Nationals and International Marriages in Turkey

Divorce in Turkey follows a structured legal framework. However, when foreign nationals or international marriages are involved, the process may become more complex. Factors such as citizenship, residency status, and the validity of foreign divorce decrees play a significant role in legal proceedings.

This section explores how foreign nationals can file for divorce in Turkey, the recognition of foreign divorce rulings, and legal challenges that may arise in cross-border cases.

Divorce for Foreign Nationals in Turkey

Foreign nationals can file for divorce in Turkey under Turkish family law, provided they meet certain legal conditions.

Where Can Foreigners File for Divorce?

A foreign national can initiate a divorce in Turkey if:

• At least one spouse resides in Turkey.
• The marriage was registered with Turkish authorities.
• The court in Turkey has jurisdiction over the case (determined by residency or mutual agreement).

Foreign nationals must submit official marriage documents, identification papers, and, if applicable, their residence permit. If any documents are in a foreign language, they must be translated and notarized.

Divorce Between a Turkish Citizen and a Foreigner

When one spouse is Turkish and the other is a foreign national, Turkish courts apply Turkish divorce laws, unless the couple has a valid prenuptial agreement specifying a different legal system.

Key considerations include:

• Child custody decisions: Turkish courts prioritize the child’s best interests, regardless of the parents’ nationalities.
• Division of property: Assets located in Turkey are subject to Turkish property division laws unless a different jurisdiction is agreed upon in a legal contract.
• Alimony obligations: Turkish law determines spousal support based on financial need and fault, regardless of citizenship.

Dual Nationality and Divorce

If one or both spouses have dual nationality, courts consider:

• The primary country of residence.
• The legal system most relevant to the couple’s financial and familial situation.

Some countries allow their citizens to choose which legal system applies, provided both parties agree. However, if no agreement exists, Turkish law generally applies in divorces filed within Turkey.

Recognition of Foreign Divorce Decrees in Turkey

A foreign divorce ruling is not automatically recognized in Turkey. To have a foreign divorce legally acknowledged, the ruling must go through Recognition and Enforcement (tanıma ve tenfiz) proceedings in a Turkish court.

How to Get a Foreign Divorce Recognized in Turkey

To have a divorce judgment from another country recognized in Turkey, the following steps must be completed:

1. Recognition and Enforcement  (Tanıma ve Tenfiz Davası)

   • This lawsuit must be filed in a Turkish family court to validate the foreign divorce.
   • The applicant must submit the original foreign court decision, officially translated and notarized.

2. Ensuring Compliance with Turkish Law

   • The foreign ruling must comply with Turkish public policy and legal principles.
   • The foreign court must have had proper jurisdiction over the case.

3. Court Review and Approval

   • The Turkish court examines the legality of the foreign judgment.
   • If no legal conflicts exist, the ruling is officially recognized, making the divorce valid under Turkish law.

Consequences of Non-Recognition

If a foreign divorce ruling is not recognized in Turkey, the couple remains legally married in Turkey, even if they are divorced in another country. This can cause complications, particularly in:

• Remarriage: A person cannot legally remarry in Turkey until the divorce is recognized.
• Property claims: Spouses may still have financial rights over each other’s assets.
• Inheritance issues: A legally unrecognized divorce could lead to inheritance disputes.

Cross-Border Divorce Challenges

International divorces often involve legal conflicts between different jurisdictions. The main challenges include:

• Child custody disputes: If one parent is in Turkey and the other is abroad, international custody conflicts may arise.
• Alimony enforcement: Foreign alimony rulings may not be directly enforceable in Turkey without a separate enforcement lawsuit.
• Asset division across borders: Property located in multiple countries may be subject to different legal systems.

Divorce Between Foreigners in Turkey

Two foreign nationals can file for divorce in Turkey if:

• They were married in Turkey and have legal residency.
• Their home countries allow them to divorce under Turkish law.

In such cases, Turkish courts apply Turkish family law, unless the couple has an agreement specifying a different legal system.

Legal Assistance in International Divorce Cases

International divorces require legal expertise in both Turkish and foreign laws. Due to differences in jurisdiction, legal procedures, and recognition rules, many couples seek legal assistance to navigate the process.

A lawyer can assist with:

• Filing exequatur lawsuits for recognizing foreign divorces.
• Resolving custody and property disputes under international legal frameworks.
• Ensuring that marriage and divorce documents are legally valid in both countries.

Conclusion

Divorce involving foreign nationals or international marriages in Turkey can involve additional legal steps. Foreign divorces are not automatically recognized, requiring a separate legal process for validation. Property division, alimony, and child custody matters may involve multiple legal systems.

A clear understanding of jurisdiction, legal procedures, and enforcement laws is crucial in international divorce cases. The Turkish legal system provides structured mechanisms for addressing these complexities.