FAQ

Urgent steps to take in a case of domestic violence:

• 155 Police Emergency: call the police immediately in an emergency;
• 183 Domestic Violence Helpline: a support line for women experiencing violence;
• Request a protection order: a protection order can be obtained from the family court;
• Violence report: obtain a violence report from a health institution;
• Complaint: file a complaint with the public prosecutor's office.

Under Law No. 6284, victims of violence are provided with support such as a protection order, shelter and financial assistance. In addition, a restraining order can remove the person committing violence from the home.

The marriage union is a special legal relationship established by marriage that gives rise to rights and obligations between the spouses. Its basic elements are:

• Common home: the spouses must live together;
• Duty of loyalty: the spouses must remain faithful to each other;
• Duty of assistance: the spouses must support each other materially and morally;
• Living together: the spouses must lead their lives together.

A fundamental breakdown of the marriage union is a ground for divorce. For this reason, protecting and maintaining the marriage union is both a legal and a moral obligation.

Yes, a divorce decision can be challenged through the appeal (istinaf) and cassation (temyiz) routes:

• Appeal (istinaf): an appeal against the local court's decision can be filed within two weeks. The regional court of appeal reviews it for compliance with the law and procedure;
• Cassation (temyiz): the appeal decision can be taken to cassation. The Court of Cassation reviews it for unlawfulness.

The objection periods are strict; if missed, the right is forfeited. Matters that can be challenged include the divorce decision itself and the rulings on custody, alimony, division of property and compensation.

Contact (visitation) is the right of the non-custodial parent to see their child regularly. This right is important for the child's emotional development and is arranged by the court.

The contact arrangement may include:

• Frequency: once a week, once every two weeks, once a month, etc.;
• Duration: a few hours, a full day, a weekend;
• Place: the parent's home, a public area, special centres;
• Holiday contact: arrangements for summer and mid-term holidays.

The arrangement is set according to the child's age and needs and the parties' circumstances. If contact is obstructed, it can be enforced through enforcement proceedings.

Yes, spouses can make a matrimonial property regime agreement before or during the marriage. Such agreements may include:

• Separation of property regime: the spouses keep their assets entirely separate;
• Community of property regime: joint ownership may be established over certain assets or all assets;
• Modification of the participation-in-acquired-property regime: the terms of the statutory regime can be amended.

A property regime agreement must be made before a notary and recorded in the marriage record, or annotated on the land registry. Otherwise it cannot be asserted against third parties.

Steps to take before filing for divorce:

• Obtain legal advice: meet with a family-law lawyer to learn your rights and the process;
• Prepare a property inventory: list all assets acquired during the marriage and their values;
• Gather documents: title deeds, bank accounts, payslips, debt documents and documents relating to the children;
• Document evidence of fault: collect any evidence of adultery, violence or desertion (messages, photographs, witness statements);
• Assess the children's situation: make a plan for custody, alimony and contact arrangements;
• Consider mediation: if an uncontested divorce is possible, consider the mediation process.

Proper preparation helps the case to be resolved more quickly and in your favour.

Yes, an alimony debt can be collected through enforcement (icra) proceedings. The following measures can be taken against a party who does not pay:

• Starting enforcement proceedings: the creditor can apply to the enforcement office to pursue the alimony claim;
• Attachment: the debtor's assets may be attached;
• Salary attachment: deductions may be made from the debtor's salary;
• Attachment of bank accounts: bank accounts may be frozen;
• Travel ban: a ban on leaving the country may be imposed;
• Imprisonment: a debtor who is able to pay but does not may be sentenced to imprisonment from 3 months to 2 years.

An alimony debt is a priority claim, like a public claim, and is not subject to a statute of limitations.

Yes, there are two types of compensation in divorce cases:

• Material compensation: a party whose personal rights are harmed by the events causing the divorce may claim material compensation from the at-fault spouse — for example in cases of adultery, violence or insult;
• Moral (non-pecuniary) compensation: a party who suffers emotional harm as a result of those events may claim moral compensation, paid to remedy emotional injury such as pain and distress.

Compensation claims may be brought together with the divorce case or separately. However, there are limitation periods for a compensation claim; it must generally be filed within 1 year.

When the custodial parent wishes to change the child's place of residence, different procedures apply depending on the situation:

• Relocation within Turkey: the custodial parent may freely change the child's residence within Turkey, provided this does not prevent the other parent's contact rights;
• Taking the child abroad: the other parent's notarised consent is required; if consent cannot be obtained, permission must be sought from the court;
• Permanent relocation abroad: court permission is mandatory. The court decides with the child's best interests in mind.

Taking the child abroad without the other parent's consent may constitute the offence of child abduction and may lead to international legal proceedings.

For a child born out of wedlock, the rules of paternity apply differently:

• Presumption of paternity: the marriage presumption does not apply to a child born out of wedlock;
• Presumption of cohabitation: even if the mother and father are not married, if they lived together within the 300 days before the birth, the man is deemed the father unless he brings a paternity action;
• Paternity action: if the father acknowledges that the child is his, or paternity is established by court decision, the rules of fatherhood apply.

A paternity action may be brought by the child or the mother. It must be filed within 1 year of the child's birth. However, if the father acknowledges the child, no time limit applies.

Once the divorce decision becomes final, the woman may return to using her pre-marriage surname. In certain cases, however, a divorced woman may continue to use the surname she used during the marriage:

• the court may allow her to keep the surname if her interests require it;
• where the children's interests are at stake;
• where recognition has been established in social and commercial life.

An application must be made to the civil registry office for the surname change. The procedure is completed with the divorce decision and identity documents.

When determining the amount of alimony, the court assesses various criteria:

• the parties' financial circumstances: income, assets, social status;
• the duration of the marriage: in long marriages the amount is generally higher;
• age and health: loss of earning capacity, retirement status;
• education and work experience: capacity to find employment;
• the number of children and the burden of their care;
• the parties' degree of fault.

The amount is set so as to preserve the parties' living standards, but it must also leave the paying party able to support themselves. It can be changed through an increase or reduction case as circumstances change.

To change custody, a custody-modification case must be filed. Such a case can be brought where the child's best interests require it. Valid grounds for changing custody include:

• neglect of the child's care and education by the custodial parent;
• serious illness or death of the parent;
• the parent's use of violence against the child;
• a deterioration in the parent's financial situation;
• the child's changing needs (age, education, health);
• the custodial parent moving abroad.

The court decides with the child's best interests in mind. The child's views are also taken into account.

In divorce cases, fault is assessed according to the gravity of the conduct that has shaken the foundation of the marriage union. Faulty conduct may include:

• adultery (still the most serious ground of fault);
• attempt on life or extremely ill treatment;
• committing a serious crime and leading a dishonourable life;
• desertion (the period of desertion must be at least six months);
• mental illness (provided recovery is impossible);
• other events that fundamentally shake the marriage union.

Fault affects entitlement to alimony and compensation claims. The more-at-fault spouse may not be able to claim poverty alimony.

The liquidation of the matrimonial property regime is the division of assets acquired during the marriage in the event of divorce or death. In marriages subject to the regime of participation in acquired property, the assets acquired during the marriage are shared equally.

During liquidation, the following are taken into account:

• the values of the assets at the beginning and end of the marriage are determined;
• acquired property is separated from personal property;
• debts are deducted;
• the remaining value is divided equally.

The liquidation case may be filed together with the divorce case or separately. The process can be complex, and seeking professional legal advice is recommended.

Under the Turkish Civil Code, there are three types of alimony:

• Interim alimony (tedbir): paid after the divorce case is filed and until it concludes, to support the financially weaker spouse;
• Poverty alimony (yoksulluk): paid after divorce to a spouse who is not the more-at-fault party and who would otherwise fall into poverty. It may be indefinite or end upon events such as remarriage or death;
• Child support (iştirak): the parent who does not have custody must contribute to the child's care, education and health expenses. It is paid until the child comes of age or while university education continues.

Yes, the child's age is an important factor in a custody decision. For children aged 0–3, custody is generally given to the mother, although this is not an absolute rule. For children over 3, the decision is made with the child's best interests in mind.

In particular, the views of children who have reached the age of 12 are taken into account by the court. However, the child's wish alone is not decisive; the child's education, health and psychological condition and the parents' capacity to care for the child are also assessed. The court places the child's interests above all else.

The length of a divorce case varies according to its type and whether the parties reach agreement. In an uncontested divorce, where the parties agree on all matters, the process moves quite quickly and may be concluded at the first hearing or within a short time. In a contested divorce the process is longer; if no agreement is reached on issues such as custody, alimony and division of property, the case may take between 6 months and 2 years.

What matters is to set the right strategy during the proceedings and to ensure that your legal rights are protected in the best possible way.

The child's best interests, continuity of care, keeping siblings together, the parent's lifestyle and communication skills are all assessed. Pedagogical reports serve a supporting role.