How to divorce in Turkey? Divorce Lawyer
Table of Contents
TYPES OF DIVORCE CASES IN TURKEY
In practice, that wouldn’t be wrong in saying that there are 2 main type of divorce in Turkey, namely uncontested (settlement agreement) divorce and contested (disputed) divorce.
Disputed divorce implies that one of the spouses files a divorce case because of the conflicts with the other party without having a settlement over the consequences of the divorce. In this type of divorce in Turkey, judge hears the applicant’s claims and collect all the arguments and evidences. Under Turkish divorce law practice, verbal witness statements are at crucial importance for the judgment. In the course of judgment, judge aims to find out which spouse is in fault (if both which one is more) and whose acts lead to a divorce.
The uncontested divorce would be in case where both of the spouses agree to finish the marriage and they are in full consensus of the consequence of the divorce, such as custody, alimony etc.
COURT PROCEEDINGS IN CASE OF CONTESTED DIVORCE IN TURKEY
A disputed divorce case may last up to 2 years in Turkey at todays legal practise. Obviously, pre-court works are important to determine the length of the case. If the claims and the facts are sufficiently evidenced and proved, the length of the trial would be less than an average judgment. It needs to be stressed out that, during the trial preparation, removal of unrelated data from the case is important.
Judge examines the divorce case that has been file by the divorce lawyer in Turkey. As a first step, judge shall, duly communicate one copy of the petition (written form) to the defendant. The judge issues official notifications to the related institutions to retrieve the necessary information to be able to proceed the judgment. All institutions to which a petition is delivered must act accordingly and response to the court.
Divorce lawyers are capable of asking questions directly to the witnesses. There isn’t any limitation for the number of questions which a divorce lawyer may ask in order to clarify the case. Minimizing the contradictions under verbal witness statements and reveal the facts in favour of client is a critical work.
In other words, under the general practice of the contentious (disputed) divorce following steps apply;
- Spouse who is seeking for divorce must file a petition to the court;
- Court shall collect evidences from both spouses and ask their claims;
- Court shall also invite verbal witnesses of both sides to the court and make its ruling
CONDITIONS FOR A CONSENSUAL DIVORCE IN TURKEY (BASED ON A SETTLEMENT AGREEMENT)
Spouse would have the right to file a consensual divorce case, only if;
- Spouses have been married for at least one year;
- Both spouses has to sign a settlement agreement which all the terms and the conditions of the divorce have been addressed.
- Both spouses have to be present in the court hearing (only once) and confirm the authenticity of the settlement agreement.
FORMATION OF THE SETTLEMENT AGREEMENT
In the event of an uncontested divorce procedure, the most important step is to draft a settlement agreement which has to have some terms in its context, such as:
- Custody rights of the children, if applicable
- Financial support for spouse and the children (Alimony)
- Material and/or moral damage, if applicable
LEGAL GROUNDS FOR DIVORCE IN TURKEY
When spouses are no longer sharing the ethic and moral values of the marriage, either of them can file a divorce on the ground of “incompatibility”, which is the common one. Besides the “incompatibility”, following reasons are also listed under Turkish Civil Law;
- Adultery (Civil Code of Turkey Art.161)
- Deliberate attempt to kill, maltreatment or severe humiliation (Civil Code of Turkey Art.162)
- Committing a humiliating crime (Civil Code of Turkey Art. 163)
- Leading a dishonourable life (Civil Code of Turkey Art. 163), • Desertion without a solid reason (Civil Code of Turkey 164)
- Mental disease (Civil Code of Turkey 165)
- Irretrievable breakdown of marriage (Civil Code of Turkey Art. 166)
As per to the Turkish Civil Code (“TCC”) Art. 166/3, under certain conditions, spouses may divorce by conciliation on all material and moral legal consequences of the divorce.
Every year increasing number of people prefer undisputed (settlement agreement) divorce over the contested one, considering its fast, easy and the cost effective aspect. That is indeed understandable, to set aside the stress and the higher cost of the divorce procedures.
Divorce lawyer in Turkey serves until the ruling becomes final and binding. They play a significant role in terms of resolving conflicts that may arise in matters such as custody, financial support, distibution of assets. For this reason, having the assistance of a divorce lawyer help you not to lose of your rights at a divorce trial.
For those who live outside of Turkey, and are looking for a divorce lawyer to assist you with divorce, child custody or divisions of assets, feel free to contact us. We advise and represent clients who live in abroad but have family law matters in Turkey.