Consultancy and attorney services on divorce, custody, alimony, matrimonial property regimes and other family-law disputes.
Family law is an important area of law that regulates marriage, divorce, custody, alimony, matrimonial property regimes and other legal disputes arising from family relationships, and that directly concerns the private lives of individuals and family members.
Disputes relating to family law are significant not only in terms of their legal consequences, but also in terms of their impact on the lives of the parties and, in particular, of children. For this reason, family law proceedings must be conducted carefully, taking into account not only their legal dimension but also the circumstances of the specific case and the interests of the parties.
Our firm provides legal consultancy and attorney services in the field of family law, particularly with respect to uncontested and contested divorce cases, custody, contribution and poverty alimony, material and moral compensation, liquidation of the matrimonial property regime, jewelry and personal belongings, increase or reduction of alimony, the family residence, parentage, and recognition and enforcement proceedings.
Family law is the branch of law that, primarily under the Turkish Civil Code and related legislation, regulates the rights and obligations arising from family relationships. Many matters fall within the scope of family law, ranging from the establishment and termination of marriage, to the financial relationships between spouses, to the custody and alimony rights of children.
Because decisions rendered in family law matters can often affect the parties' daily lives for many years, lawsuits and legal proceedings must be conducted with due regard to the particular circumstances of the case.
Where the spouses agree on the divorce itself and on its legal consequences, an uncontested divorce may be pursued, provided that the conditions set out by law are met. In an uncontested divorce, it is important that the parties have reached agreement on their intention to divorce, custody, personal contact with the child, contribution and poverty alimony, material and moral compensation, claims relating to property, and matters concerning jewelry and other personal belongings.
The legal consequences of the uncontested divorce protocol prepared by the parties must be carefully assessed. Our firm provides services in preparing or reviewing the protocol during the uncontested divorce process, following up on the case, and protecting the parties' legal rights at the hearing.
A contested divorce case may arise where one of the spouses does not wish to divorce, or where the parties cannot agree on the consequences of the divorce. In such cases, the facts and evidence must be assessed within the scope of the irretrievable breakdown of the marriage and the other grounds for divorce set out by law. Depending on the nature of the case, many matters may arise within the same proceedings, such as determining the ground for divorce, gathering evidence, hearing witnesses, assessing custody and alimony claims, claims for material and moral compensation, disputes relating to property, and interim legal protective measures.
One of the most important matters during divorce or separation is which parent will be granted custody of the children. The fundamental consideration in custody matters is the best interests of the child; factors such as the child's age, needs, educational situation, the parents' living conditions and their relationship with the child may be taken into account.
Alimony is one of the most frequently encountered legal disputes in family law. Depending on the particular circumstances of the case, interim (precautionary) alimony, poverty alimony or contribution alimony may arise. In determining the amount of alimony, factors such as the parties' economic and social circumstances, their needs, the needs of the children and the statutory conditions are taken into account. Our firm provides legal services in preparing alimony claims, cases for the increase or reduction of alimony, termination of alimony, and the collection of alimony receivables.
One of the legal consequences of divorce, where the statutory conditions are met, is that claims for material and moral compensation may arise. Material compensation concerns the loss of existing or expected benefits due to the divorce, while moral compensation concerns violations of personality rights and the particular circumstances of the case.
In addition to the divorce itself, the property relations between spouses may also give rise to significant legal consequences. Claims relating to the liquidation of the matrimonial property regime may be determined by assessing which property regime governs the assets acquired during the marriage, the date of acquisition, contributions made, assets that qualify as personal property, and other legal factors.
In matters of property division, careful examination of the parties' property-related documents and dates of acquisition is important in order to prevent loss of rights.
Disputes concerning jewelry and personal belongings may also arise during divorce proceedings. The nature of jewelry given at the wedding, who it belongs to, whether it still exists, and claims for its return must be assessed according to the specific circumstances of the case and the applicable legal provisions.
The family residence holds particular significance in family law, as it is the home in which the spouses and family maintain their shared life. Different legal consequences may arise depending on whether the family residence is rented or owned; the rights of the spouses and the protections provided by law must be assessed.
Personal contact between the parent who is not granted custody and the child may be arranged with the child's best interests in mind. In determining the duration and scope of personal contact, factors such as the child's age, needs, educational situation and relationships with the parents may be taken into account. Where the existing arrangement needs to be revised due to changed circumstances, the necessary legal applications may be made.
Disputes concerning the establishment of the legal bond between a child and its mother and father fall within the scope of parentage law. Depending on the particular circumstances of the case, matters such as the establishment of parentage, denial of parentage, paternity cases, recognition procedures and other disputes relating to parentage may arise. In these cases, it is important to observe the time limits and procedural rules set out by law.
For a divorce decree or other family-law court judgment rendered in a foreign country to produce legal effect in Turkey, recognition or enforcement proceedings may be required, depending on the nature of the decision. It is particularly important, for persons who have divorced abroad, to assess the legal steps necessary to update their civil registry records in Turkey in accordance with the relevant foreign court decision.
In cases of domestic violence or threats, legal protection mechanisms aimed at ensuring the safety of individuals may come into play. Depending on the particular circumstances of the case, protective and preventive measures may be assessed under Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women.
Where domestic violence or threats are involved, ensuring the safety of the individual and any children is as much a priority as the legal process itself.
Before filing for divorce, the legal situation and claims of the parties must be determined. Matters to be assessed include the ground for divorce and the legal situation, the choice between uncontested and contested divorce, claims relating to custody, alimony and compensation, disputes relating to property, review of the available evidence, preparation of the petition, and determination of the competent and authorized court.
Where the parties are able to agree on the divorce and its legal consequences, an uncontested divorce may be a faster process involving fewer disputes. However, where the parties cannot agree on custody, alimony, compensation, property, or the divorce itself, a contested divorce process may arise. Which method is appropriate cannot be determined with certainty without assessing the parties' personal and legal circumstances.
The rights and best interests of children are of particular importance during the divorce process. When assessing matters such as custody, personal contact with the child and contribution alimony, the child's needs and living conditions are taken into account. The aim is to establish a legal arrangement that, as far as possible, ensures the child's physical, educational and social needs are met in a healthy manner after the divorce.
A significant portion of family law disputes involve sensitive information relating to individuals' private lives. For this reason, it is important that the legal process be conducted carefully, with due regard to confidentiality, and in a manner that protects the client's interests.
The duration of divorce cases depends on many factors, such as whether the case is uncontested or contested, the parties' claims, the gathering of evidence, the number of witnesses, expert examinations and the court's workload. For this reason, it is not possible to give a definite time frame for any given divorce case.
The conditions for an uncontested divorce are set out by law. The duration of the marriage and the other statutory conditions must be assessed together. Whether the conditions are met for a specific case must be examined separately.
The fundamental criterion in custody matters is the best interests of the child. The court decides by assessing the particular circumstances of the case. Various factors may be taken into account, such as the child's age, needs, the parents' living conditions and their relationship with the child.
While there is no legal requirement in every case to file a divorce case through a lawyer, since divorce may have significant legal consequences relating to custody, alimony, compensation and property, assessing the legal situation before filing suit can be beneficial in preventing loss of rights.
How property is divided may vary depending on the matrimonial property regime applicable between the spouses, the dates on which the assets were acquired, and whether the assets qualify as personal property or acquired property.
The legal criteria applied may vary depending on the type of alimony. The parties' economic and social circumstances, their needs, the needs of the children and the statutory conditions are assessed together.
The fact that one spouse does not wish to divorce does not prevent the other spouse from filing for divorce, provided that the conditions set out by law are met. However, the outcome of the case is determined by the ground for divorce asserted, the evidence, and the legal situation that emerges during the proceedings.
In matters of divorce, custody, alimony, division of property, compensation or other disputes arising from family law, it is important for the legal situation to be properly assessed from the very beginning of the process. In family law disputes, every case is evaluated within its own circumstances; the course of action to be pursued is determined based on the specific case, in line with the client's legal rights and interests.