Introduction
The Turkish Family Law (Türk Aile Hukuku) is a core part of the Turkish Civil Code (Türk Medeni Kanunu – TMK, No. 4721). It regulates marriage, divorce, property regimes, custody, parental authority, and guardianship. These provisions are not only important for Turkish citizens but also for foreigners who live in Turkey, marry Turkish citizens, or invest in family-related legal matters such as property or inheritance.
Understanding the Turkish Family Law provides clarity about rights, duties, and protections within family life. This blog post explores its general framework, highlighting the fundamental principles and institutions that shape the family unit in Turkish law.
1. Foundations of Turkish Family Law
The Turkish Civil Code adopts a secular and equality-based approach to family law. Its key principles include:
- Equality of Spouses (Eşitlik İlkesi – Art. 185): Husband and wife have equal rights and obligations.
- Protection of the Family (Aile Korunması – Art. 186): The family is under the protection of the Constitution and law.
- Best Interests of the Child (Çocuğun Üstün Yararı): All decisions regarding children prioritize their well-being.
2. Marriage (Evlenme)
Conditions for Marriage
Marriage is a legal union between a man and a woman (Art. 124):
- Minimum age: 17 (exceptionally 16 with court approval).
- Consent of both parties is required.
- Certain prohibitions apply: close relatives cannot marry, and one cannot marry if already married (monogamy rule).
Procedure
Marriage must be registered before a civil authority (evlendirme memuru). Religious ceremonies are optional but have no legal effect without civil registration.
Rights and Duties of Spouses
Under Art. 185–186:
- Spouses owe each other loyalty, assistance, and cohabitation.
- Both share responsibility for family expenses.
- They jointly decide on matters of family life.
3. Marital Property Regimes (Mal Rejimleri)
Turkish Family Law regulates how property is managed during marriage and divided upon divorce or death.
The default regime (since 2002) is Participation in Acquired Property (Edinilmiş Mallara Katılma – Art. 218–241):
- Property acquired during marriage is shared equally at divorce.
- Personal property (inheritance, gifts) remains separate.
Other optional regimes include:
- Separation of Property (Mal Ayrılığı)
- Shared Ownership of Property (Mal Ortaklığı)
Spouses may choose these through a notarized contract (mal rejimi sözleşmesi).
4. Divorce (Boşanma)
Divorce can be sought on general or specific grounds:
General Ground
- Irretrievable Breakdown of Marriage (Evlilik Birliğinin Temelinden Sarsılması – Art. 166): If the marriage is intolerable for both parties.
Special Grounds
- Adultery (zina),
- Attempt on life, cruel treatment,
- Desertion,
- Mental illness.
Consequences of Divorce
- Custody (Vesayet): Decided in line with the best interests of the child.
- Alimony (Nafaka):
- Yoksulluk Nafakası: Financial support to the poorer spouse.
- İştirak Nafakası: Support for child expenses.
- Compensation (Tazminat): The spouse at fault may owe material/moral damages.
- Property Sharing: Based on the chosen property regime.
5. Children and Parental Authority
Children born within marriage or recognized outside marriage have equal rights.
- Parental Authority (Velayet):
- Belongs jointly to both parents during marriage.
- After divorce, custody is awarded to one parent, while the other retains visitation rights.
- Child’s Surname: Follows the father’s surname by default, though courts increasingly allow exceptions to protect the child’s interests.
- Adoption (Evlat Edinme – Art. 305–320): Permitted under strict conditions, always prioritizing the child’s welfare.
6. Guardianship (Vesayet)
If a person cannot manage their own affairs (due to minority without parents, mental illness, or legal restriction), the court appoints a guardian (vasi).
Guardianship ensures protection of vulnerable individuals and oversight by the authorities. Guardians must act in the ward’s best interests and are supervised by courts.
7. Family Residence (Aile Konutu)
The family home (aile konutu) receives special protection (Art. 194):
- A spouse cannot unilaterally sell, rent, or transfer rights in the family residence without the other’s consent.
- This rule safeguards the security of the household.
8. Inheritance and Family
Although technically part of inheritance law, family ties directly shape inheritance rights. Spouses and children are primary heirs, and Turkish law ensures that family members cannot be completely disinherited due to the reserved portion (saklı pay) principle.
Conclusion
The Turkish Family Law establishes a comprehensive and protective framework for marriage, divorce, property regimes, children, and guardianship. It enshrines equality between spouses, protects the best interests of the child, and secures family stability through modern and balanced legal rules.
For foreigners, whether marrying in Turkey, divorcing, or dealing with child custody and property issues, understanding the principles of the Turkish Family Law is essential. The system ensures fairness, protection of rights, and legal certainty in one of the most important aspects of life: family relationships.
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