24 February 2019

Divorce in Turkey


Divorce in Turkey

In Turkish law; spouses to conclude agreements regarding separation of property before marriage. In the case that divorcement comes to the issue to divorce in Turkey, spouses would be able to divorce in accordance with provisions of the separation with divorce agreement. If spouses does not involve in specific contractual relationship related to property in pre-marriage phase, spouses can only be divorced under the provisions of Turkish family law.

Turkish Family Law and judicial practice envisage spouses direct or indirect economic contribution to family. Therefore, indirect economic contribution of housewife’s labor which is related to house work or children is never disregarded by the law and the jurisdiction. 

Procedures of Divorce in Turkey

1. Contentious Divorce Suit

One of the spouse may bring a case to the court in order to end the martial relationship for divroce in Turkey. The divorce suits are examined by the Court of Family which has exclusive jurisdiction related to divorcement. The suits must be brought to the court where spouses resided last 6 months or the court situates where the domicile of the applicant is.

There are 2 main type of grounds (General or Specific) to divorce which are explicitly mentioned in Turkish family law.

A) General grounds: High-conflict divorce
B) Specific grounds: Such as Adultery, Plots against life, grave assaults and insults, crime and dishonarable life, desertion, mental illness.

As ordinary contentious suits, spouses should convince the court concerning their rightness and others mistake or faults.’ 

2. Uncontested Divorce (Consensual Divorce) with Divorce Agreement

One of the spouse may apply to the court by submitting separation agreement and property settlement concluded among them. If none of objection will arise, spouses could be divorced in accordance with the provisions of the separation agreement and property settlement with consensus. 

The Consequences of Divorce 

There are many legal consequences of divorce. Some of them are personal in nature: The wife will have her own independent domicile, while the both spouses keep the majority acquired by marriage. The wife resumes maiden name. She may however keep the family name of the husband if she convince the court that it will not damage to her husband. She can also preserve the nationality which has acquired during the marriage. Also the court can decide alimony to the spouse for indefinite time period. Unlike USA, there is no joint custody in Turkey, therefore custody must be granted to one of the spouse which is convenient for custody of the child.               

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