REQUIREMENTS OF MARRIAGE IN TURKEY
Marriage is an important institution in society with various legal and social consequences. The institution of marriage in Turkey is regulated by the Turkish Civil Code, and certain requirements must be met.
The normal minimum age for marriage in Turkey is set at 17. Article 124/1 of the Civil Code states, “A man or woman cannot marry before reaching the age of seventeen.” There is no maximum age limit for marriage in Turkey, as long as the individuals have the capacity to give consent.
Article 124/2 of the Civil Code states, “However, a judge may permit the marriage of a man or woman who has reached the age of sixteen in extraordinary circumstances and for significant reasons. If possible, the opinions of the parents or guardians are heard before making a decision.”
In summary, if a person has reached the age of 16, there are extraordinary and significant reasons, and it is possible, the judge may grant permission for marriage after hearing from the legal representative. The competent court to apply for marriage permission is the Family Court in the place of residence of the applicant.
Another important requirement for marriage in Turkey is that there are no legal impediments to the marriage. Certain situations specified in the Civil Code prohibit marriage in Turkey. For example, being already married or being within a marriage union, being relatives, among others, can be obstacles to marriage. Additionally, conditions such as mental or physical disabilities may affect the capacity to marry.
One of the most essential requirements for marriage in Turkey is the consent of the parties. Marriage should be based on the free will of the parties. It is important that the parties willingly and willingly express their intention to marry. Marriages that are conducted by force or without consent are not legally valid and can be annulled.
In Turkey, an official marriage ceremony, known as a civil ceremony, is also a requirement. Marriage in Turkey is solemnized through official civil ceremonies conducted by municipalities. During these ceremonies, the identification documents and necessary paperwork of the marrying couple are requested, and a marriage certificate is issued. Marriages conducted solely through religious or other ceremonies without an official civil ceremony do not have legal validity.
The marriage requirements in Turkey can be summarized as follows:
- Both parties must be of legal age to marry. The legal age of adulthood in Turkey is generally 18. However, individuals who are 17 years old can also marry with a court decision.
- Both parties must not have any impediments to marriage. For example, being already married, being within a marriage union, or being relatives can be obstacles to marriage.
- The parties must willingly and willingly give their consent for marriage. Marriages conducted by force or without consent are not legally valid and can be annulled.
- An official civil ceremony is mandatory for marriage in Turkey. Marriages are solemnized through civil ceremonies conducted by municipalities.
- The marrying couple’s identification documents and necessary paperwork are requested, and a marriage certificate is issued. Marriages conducted solely through religious or other ceremonies without an official civil ceremony do not have legal validity.
These provisions outline the fundamental requirements to consider for getting married in Turkey. The institution of marriage carries significant legal and social consequences in society, hence the need to fulfill certain requirements. It is highly recommended to get marriage counseling to eliminate legal problems.
SITUATIONS PROHIBITING MARRIAGE IN TURKEY BY TURKISH LAW
Turkish law sets out legal impediments to marriage, which are listed between Articles 129 and 133 of the Civil Code. Additionally, certain diseases are specified as an impediment to marriage in the General Health Law.
One of the legal impediments to marriage in Turkey is the prohibition of marriage between ascendants and descendants, siblings, uncles, aunts, and nephews. Even siblings who share only one parent cannot marry each other. It is also forbidden to marry the ancestors and descendants of the former spouse, even if the marriage has ended, which constitutes a legal impediment to marriage.
There are no legal impediments to marriage between relatives by marriage, and a person can marry their former spouse’s sibling after divorce. However, marriages between an adopted child and the adoptive parent or between an adopted child and the biological child of the adoptive parent are prohibited.
Anyone wishing to remarry must first prove that their previous marriage has ended. Unless it is established through an official medical report that there is no medical impediment, mentally ill individuals cannot marry.
Some of the legal impediments to marriage are not absolute but conditional impediments. Waiting periods and contagious diseases fall under these impediments. Article 12/1 of the Civil Code states, “If the marriage has ended, a woman cannot marry until three hundred days have passed since the end of the marriage.” This provision aims to consider the maximum gestation period. The waiting period begins from the date the divorce decision becomes final. If the woman is pregnant, the three-hundred-day period automatically ends.
The General Health Law regulates certain contagious diseases as a legal impediment to marriage in Articles 123 and 124. If a marriage is conducted despite these diseases, the marriages are still valid. These mentioned diseases are conditional impediments to marriage.
THINGS TO CONSIDER ABOUT MARRIAGE IN TURKEY FOR FOREIGNERS
Turkish and foreign nationals who wish to get married in Turkey should pay attention about marriage in Turkey for foreigners to the following points to avoid potential legal issues:
- Obtaining Turkish citizen by marriage: When a foreign individual marries a Turkish citizen, there is a potential to acquire Turkish citizenship by marriage.
- Continuation of marriage: The marriage must be considered a genuine partnership for the purpose of acquiring Turkish citizenship by marriage, and the marriage should continue.
- Minimum duration of marriage: To acquire Turkish citizenship by marriage, the marriage must last for at least 3 years. This duration is calculated from the date of official registration of the marriage.
- Living together in Turkey: Throughout the marriage, the couple must live together in Turkey. This requires the foreign spouse, who does not have a residence permit in Turkey, to settle in Turkey.
- Conformity to public order: The marriage union must not be contrary to public order for the acquisition of Turkish citizenship by marriage. This is investigated to ensure that the marriage is based on legitimate purposes and is not a fraudulent or temporary marriage.
When these conditions are met, after marriage in Turkey for foreigners process; foreign spouse can lead to the acquisition of Turkish citizenship by marriage. The application for Turkish citizenship by marriage is made to the Turkish authorities in accordance with relevant legislation and procedures.
ACQUIRING TURKISH CITIZENSHIP BY MARRIAGE
Turkish citizenship can be obtained following a Turkish and foreign marriage. However, certain conditions are required for this. The mentioned situation pertains to a marriage between a Turkish citizen and a foreigner, rather than a marriage between individuals of the same nationality.
The conditions for acquiring Turkish citizenship by marriage are regulated in Article 16 of Law No. 5901 on Citizenship. According to this article, if a marriage in Turkey for foreigners is in question, the foreigner applying for citizenship must have been married to a Turkish citizen for at least three years, the spouses must be in a genuine family union, the foreigner must not engage in activities contrary to the marriage union, and the foreigner must not pose a threat to public security.
If these conditions are met, the person seeking to acquire Turkish citizenship by marriage can apply through the Governorship of the place of residence. The following documents are required for the application:
- Application form
- Photocopy or translated copy of the Turkish spouse’s identity card, passport, or similar document
- Marriage certificate
- Most recent residence permit for foreigners residing in Turkey
- Document proving that the spouses are living together as a family
- Biometric photograph with a white background taken within the last 6 months
- Document showing proof of payment of the application fee
- Notarized copy of any final court decisions regarding the foreigner’s involvement in any criminal activities
You can visit our Turkish Citizenship page for detailed information on this topic.
LEGAL PROBLEMS IN MARRIAGE OF TURKISH CITIZEN WITH A FOREIGNER
If a marriage between a Turkish citizen and a foreigner is entered into solely for the purpose of benefiting from certain rights provided by marriage without a genuine intention to marry, it is considered a sham marriage.
Even if it is performed through an official marriage ceremony and a joint declaration, a marriage conducted for this purpose is considered a sham marriage. An example of this is a marriage carried out without a genuine family unity solely for the purpose of obtaining Turkish citizenship by marriage.
If it is proven that the marriage is superficial, the abuse of rights is also proven. Therefore, it should be deemed that citizenship has not been acquired. As a result, the residence permit and the other marriage in Turkey for foreigners transactions will be invalid .
There may be various legal issues in a Turkish citizen’s marriage to a foreigner. Here are some important points to consider:
- Meeting the Requirements for Marriage: To marry, the conditions specified in the Turkish Civil Code must be met. These conditions include being of legal age, not having any impediment to marriage, mutual consent of the parties, and performing an official marriage ceremony.
- Pre-Marital Residence Status: If the foreign spouse wishes to reside in Turkey, they must obtain the relevant permits according to Turkish immigration laws. The residence permit application may require the foreign spouse to prove their intention to settle in Turkey and the genuineness of the marital union.
- Civil Status Certificate: The Turkish citizen must present a civil status certificate when applying to marry a foreigner. This document includes proof that the person is free to marry and that their previous marriages have ended.
- Citizenship Acquisition and Domestic Law: Turkish citizenship may not automatically be granted to the foreign spouse through marriage with a Turkish citizen. The acquisition of Turkish citizenship by marriage with a foreign spouse is subject to the conditions specified in the Turkish Citizenship Law. Therefore, it is important to pay attention to the relevant procedures for applying for citizenship after marriage.
- International Marriages and Law: In cases where the foreign spouse and the Turkish citizen have different citizenships from different countries, international law and agreements may also be applicable.
Determining international legal elements and competent courts is important for post-marriage issues such as divorce, property division, and child custody. These issues and legal matters mentioned are general considerations that may arise in Turkish and foreign marriages. However, since each case can be unique, it is important to getting marriage counseling for precise and detailed legal information and advice.
MARRIAGE COUNSELING ABOUT MARRIAGE IN TURKEY FOR FOREIGNERS
The marriage in Turkey for foreigners is subject to the country’s laws and regulations. In order for marriage in Turkey for foreigners, they must first obtain a document called “Certificate of No Impediment to Marriage” from their respective embassies or consulates in Turkey. This document confirms that the foreigner is legally eligible for marriage and has no legal impediment such as a previous marriage.
After obtaining the document, the couple can proceed with the marriage ceremony before the competent Turkish authorities. If the marriage in Turkey meets the legal requirements in the foreigner’s own country, it will be recognized there.
It is advisable to getting marriage counseling regarding the fulfillment of all legal requirements for marriage in Turkey and any specific issues that may arise during the marriage process.
HOW TO MARRY IN TURKEY FOR FOREIGNERS?
When two foreigners plan to marry in Turkey, the following points should be considered for the answers of How To Marry in Turkey For Foreigners:
- Fulfillment of Marriage Requirements: The first step of how to marry in Turkey for foreigners is that the marriage requirements specified in the Turkish Civil Code must be met. These requirements include being of legal age, having no impediments to marriage, obtaining the consent of the parties involved, and conducting an official marriage ceremony.
- Required Documents: The necessary documents for marriage in Turkey for foreigners may include identification documents, birth certificates, proof of marital status, valid passports, and certificates of no impediment obtained from the consulates in their countries. These documents must be presented to the Turkish authorities. It is highly recommended to get marriage counseling to eliminate legal problems.
- Translation and Certification Procedures: For process of marriage in Turkey for foreigners; documents submitted in foreign languages may need to be translated into Turkish and certified by the relevant authorities in Turkey. Official translation and certification by a sworn translator or a notary public are important for the marriage process.
- Marriage Procedures: Marriage in Turkey for foreigners procedures in Turkey are carried out in municipal offices or official marriage halls. It is necessary to make an appointment, submit the required documents, and complete the necessary paperwork. After the official marriage ceremony, a marriage certificate is issued to the couple.
These points mentioned are general aspects to consider of how to marry in Turkey for foreigners. However, marriage procedures and legal requirements may vary depending on the circumstances. Therefore, it is important to seek accurate and detailed marriage counseling from a lawyer.
MARRIAGE OF INDIVIDUALS WITH IMIGRANT STATUS IN TURKEY
For individuals with imigrant status in Turkey, including asylum seekers, refugees, and stateless persons, all marriage procedures in Turkey are governed by Turkish laws. Official marriages conducted by Turkish authorities are subject to the Turkish Civil Code and related regulations.
According to the provisions of Law No. 5718 on International Private Law and Procedural Law and Law No. 6458 on Foreigners and International Protection, individuals under temporary protection who wish to marry can apply to the Provincial Directorate of Immigration Administration in their respective provinces.
They should submit an application along with a marriage eligibility certificate indicating their current marital status based on the updated information in the records held by these institutions. Upon fulfilling these requirements, the official marriage procedures can be carried out at the relevant marriage registration office.
It is highly recommended to get marriage counseling to eliminate legal problems.
