Family Law
Advisory and representation are provided in contested and uncontested divorce cases, alimony and custody claims, liquidation of the matrimonial property regime, and protective measures against domestic violence.
Given the sensitivity of these matters, an approach is adopted that prioritises the interests of the parties — particularly children — and pays close attention to confidentiality.
Services in This Area
- Preparation of uncontested divorce protocols and conduct of the court process
- Advice and representation in contested divorce proceedings
- Custody, contact (visitation) arrangements and applications to modify custody
- Pursuit of interim, post-divorce (poverty) and child support (alimony) claims
- Liquidation of the matrimonial property regime and participation claims
- Applications for protective measures against domestic violence under Law No. 6284
- Pecuniary and non-pecuniary compensation claims connected with divorce
- Recognition and enforcement of foreign divorce judgments in Türkiye
What Does Family Law Cover in Türkiye?
Family law, within the framework of the Turkish Civil Code No. 4721, governs all legal matters arising from family relationships, including engagement, marriage, divorce, alimony, custody, parentage and adoption. The matrimonial property regime between spouses, its liquidation upon divorce and the protective provisions concerning the family home are also significant headings in this field.
Because family disputes directly concern the parties' private lives, they must be handled with care. Confidentiality is observed throughout these proceedings, and where the couple have children, the best interests of the child remain at the centre of every assessment.
How Does an Uncontested Divorce Work?
Under Article 166/3 of the Turkish Civil Code, an uncontested (mutual consent) divorce requires the marriage to have lasted at least one year. The spouses must reach full agreement on the financial consequences of the divorce, alimony, custody of any children and contact arrangements, and a protocol setting out these terms must be prepared.
The parties must personally confirm their consent before the judge at the hearing; the court grants the divorce if it finds the protocol consistent with the interests of the parties and the children. Drafting the protocol completely and in enforceable terms is important to prevent future disputes, which is why legal support is advisable throughout the process.
How Are Custody and Alimony Determined?
The fundamental criterion in custody decisions is the best interests of the child. The court considers the child's age, the bond with each parent, the parties' living conditions and, where needed, reports by experts such as paediatric psychologists; children of sufficient maturity may also be heard. A contact arrangement is established between the child and the parent who is not granted custody.
Types of alimony include interim maintenance during the proceedings, post-divorce maintenance for the spouse who would fall into poverty, and child support to cover the child's expenses. The amount is set according to the parties' financial circumstances, the child's needs and considerations of equity, and may be adjusted if circumstances change.
Frequently Asked Questions
- How long does a divorce case take in Türkiye?
- Uncontested divorce cases can generally be concluded in a single hearing once the statutory conditions are met. Contested divorces take longer due to the gathering of evidence, witness testimony and expert examinations; the duration depends on the court's workload and the scope of the file. No fixed timeframe can be given, as each case is assessed on its own circumstances.
- What are the conditions for an uncontested divorce?
- The marriage must have lasted at least one year, the spouses must agree on the divorce and all of its consequences — alimony, custody, division of property and compensation — and a protocol reflecting this agreement must be submitted to the court. The parties must personally confirm their consent before the judge at the hearing. The judge may require amendments if the arrangements are found unsuitable.
- How is property divided upon divorce?
- Unless the spouses have chosen another regime, the participation in acquired property regime — the statutory regime since 2002 — applies. As a rule, assets acquired during the marriage are taken into account in the liquidation, while personal assets such as pre-marital property, inheritances and gifts are excluded. As the liquidation calculation is technical, the outcome differs in each case depending on when and how the assets were acquired.
- Who is granted custody of the children?
- Custody is granted to one of the parents on the basis of the best interests of the child; there is no automatic rule based on gender. For very young children, the need for maternal care is one of the factors considered in practice, alongside the child's age, schooling and the parties' circumstances. A change of custody may be requested at any time if circumstances change.
These answers are for general information only and do not constitute legal advice. For an assessment of your specific situation, please consult a lawyer.
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