Divorce is the termination of the marriage union by a judge`s decision due to the reasons specified in the law. In Turkey, divorce law is regulated under the Turkish Civil Code No. 4721. In this article , the main features of divorce law in Turkey , the reasons for divorce , how to file a divorce case , the consequens of divorce and the divorce of foreign spouses will be explanied.
1. BASIC FEATURES OF DIVORCE LAW
The divorce law in Turkey has adopted the system of divorce by a judge`s decision based on certain grounds . In this system, spouses can divorce only in the presence of one of the reasons listed in the law. The grounds for divorce are as follows;
– Adultery
– Attempt on life , very bad or degrading behavior
– Committing crimes and leading a life without dignity
– Abandonment
– Mental illness
– Breaking of the marriage union
In order to file for divorce , one of the spouses must be a Turkish citizen or both spouses must be foreign nationals with a place of residence in Turkey. The divorce case is filed in the family court in the last place of residence of the spouses or the place of residence of the defendant.
In places where there is no family court, the civil court of first instance acts as a family court.While filing a divorce case , demands such as child custody , alimony , compensation and property division, if any , should also be stated in the petition.In the divorce case , the judge tries to reconcile, the parties and and holds a conciliation meeting . If the parties reconcile, the judge decides on divorce. If the parties do not reconcile, the judge collects the evidence and makes a decision.
2. GROUNDS FOR DIVORCE
The reasons for divorce stated in the Turkish Civil Code can be listed as follows;
– Adultery; If one of the spouses commits adultery, the other spouse can file for divorce on this ground. However , there are some conditions for divorce due to adultery. These are;
– The plaintiff must file a lawsuit within six months of being aware of the adultery
– The plaintiff `s failure to forgive the adulterous spouse
– The plaintiff did not live with his adulterous spouse
– Attempt on life , grossly abusive or degrading behavior; If one of the spouses makes an attempt on the life of the other spouse , treats him / her in a very bad or degrading manner , the other spouse can file for divorce for these reason. There is no time requirement for divorce for this reason.
– Committing a crime and leading a life without dignity; If one of the spouses commits a serious crime or leads a dishonorable life and the other spouse is disturbed by this situation , the other spouse can file for divorce fort his reason. There is no time requirement for divorce fort his reason.
– Abandonment: If one of the spouses leaves the other without a justifiable reason, the abandoned spouse can file for divorce on this ground. However, there are some conditions for divorce on the ground of abandonment. These are:
– The abandoned spouse must file a lawsuit within six months from the date of abandonment
– Abandoned spouse does not forgive the abandoning spouse
– Abandoned spouse not living together with the abandoning spouse
– Abandonment must last at least one year
– Mental illness: If one of the spouses suffers from mental illness and this illness undermines the unity of marriage, the other spouse can file for divorce on this ground. However, there are some conditions for divorce on the grounds of mental illness. These are,
– The emergence of mental illness after the marriage
– Mental illness is incurable or persistent
– Mental illness makes the marriage unbearable.
– Breaking of the marriage union: If the marriage union between the spouses is shaken from its foundations, that is, if there is no will to continue the common life between the spouses, both spouses can file for divorce for this reason. However, there are some conditions for divorce on the grounds of shaken marriage union. These are,
– The marriage must last at least one year
– Spouses live separately or decide to live separately
– The spouses attend the conciliation meeting or show a justified excuse.
3. HOW TO FİLE FOR DİVORCE?
In order to file for divorce, first of all, it is necessary to prove the existence of one of the grounds for divorce specified in the law. Evidence such as witness statements, official documents, photographs, videos, audio recordings, correspondence can be used to prove the grounds for divorce.
It is also necessary to prepare a petition for divorce. In the petition, the court where the case is filed, the parties to the case, the subject of the case, the basis of the case, the evidence of the case and the claims of the case should be specified. The petition should also include demands such as custody of children, alimony, compensation and division of property, if any.
After the petition is prepared, the documents that should be attached to the petition are as follows
– Photocopy of identity card
– Photocopy of marriage certificate
– Photocopy of identity card of children, if any
– Documents related to property division, if any
– Original or certified copies of the evidence, if any
After the petition and its annexes are submitted to the court, the court notifies the parties and sets a hearing date. At the hearing, the judge listens to the parties and holds a reconciliation meeting. If the parties reconcile, the judge decides on divorce. If the parties do not reconcile, the judge collects the evidence and makes a decision.
4. CONSEQUENCES OF DİVORCE
Divorce has certain legal consequences upon the dissolution of the marriage union. These consequences are as follows:
– Surname: The surname of the spouses changes upon divorce. Spouses may leave the surname they took during the marriage and return to their maiden name or continue to use the surname they took during the marriage. However, spouses cannot use each other’s surname.
– Custody: If the spouses have children in common upon divorce, the judge decides which spouse will have custody of the children. In the custody decision, the judge considers the interests of the children and takes the opinion of the children. The spouse who is granted custody is responsible for the care, education and upbringing of the children. The spouse who is not granted custody has the right to have personal contact with the children.
– Alimony Upon divorce, one spouse may be obliged to pay alimony to the other. Alimony is the financial support provided by one of the divorced spouses to the other. Types of alimony are as follows:
– Precautionary alimony: It is a temporary alimony granted by the judge while the divorce case is pending.
– Poverty alimony: It is the permanent alimony paid by the other spouse to the spouse who falls into poverty as a result of divorce.
– Alimony for participation: Alimony paid by the non-custodial spouse to participate in the maintenance expenses of joint children.
– Compensation: Upon divorce, one spouse may be obliged to pay compensation to the other. Compensation is the compensation of moral or material damages of one of the divorced spouses to the other. Types of compensation are as follows:
– Moral compensation: Compensation paid by the other spouse to the spouse whose personal rights have been violated due to divorce.
– Material compensation: It is the compensation paid by the other spouse to the spouse whose assets are damaged due to divorce.
– Property division: With the divorce, the property acquired by the spouses during the marriage is divided. The judge takes into account the property regime. The property regime is the rules that determine the rights and obligations of the spouses on their property during marriage. The types of property regime are as follows:
– Regime of participation in acquired property: During the marriage, both spouses are the owners of their own property, but in case of divorce, the acquired property is divided in half.
– Separation of property regime: During marriage and in case of divorce, both spouses are the owners of their own property and no division is made.
– Property partnership regime: During marriage and in case of divorce, both spouses own half of the joint property and no division is made.
– Divorce law for foreigners in Turkey is regulated by the Law No. 5718 on Private International Law and Procedural Law (PLCPL) and the Turkish Civil Code (TCC) No. 4721.
– In order to file for divorce in Turkey, one of the spouses must be a Turkish citizen or both spouses must be foreign nationals and have a place of residence in Turkey. The divorce case is filed in the family court of the last place of residence of the spouses or the place of residence of the defendant.
– In Turkey, the law to be applied in a divorce case is subject to the common national law of the spouses. If the common national law of the spouses does not exist or does not allow divorce, Turkish law is applied. If one of the spouses is a Turkish citizen, Turkish law applies in any case.
In case of divorce of foreign spouses, the consequences of the divorce are also determined according to the Turkish Civil Code. However, if the foreign spouses have chosen the law of their own country as the property regime during or after the marriage, the division of property shall be made according to this law.
Divorce law for foreigners in Turkey is a complex and sensitive issue. Therefore, it is important to seek professional assistance in this matter. Divorce lawyers have the necessary knowledge and experience to speed up the litigation process, prevent loss of rights and achieve the best outcome.
If you want to get professional support on this subject, you can contact us.
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