May 30, 2022
It is no secret to anyone that Turkey has recently become home to a large number of foreigners, some of whom have acquired citizenship and become a Turkish citizen, and some are resident as a refugee, investor, worker or tourist, and in light of the long period of residence, many social relations (marriage and intermarriage) have arisen, both between children of nationalities The foreigner or the children of this nationality and Turkish citizens, and some of these relationships may write success and continuity, and some of them may write failure and end in divorce.
Most foreigners are ignorant of the divorce law in Turkey and how it is governed, which puts them in later legal problems and to avoid falling into these problems, and to introduce foreigners to the law governing divorce, we put this article in your hands to be aware of this
As is known, marital life between two spouses may reach a dead end, where the difficulty of compatibility and the impossibility of continuity, there is no choice but to dissolve the relationship between them. possible damages,
Divorce in Turkey according to the Turkish Civil Code gives the right to both the husband and the wife to request a divorce.
Types of divorce according to Turkish law
1-Undisputed divorce (divorce by agreement):
It is done by mutual agreement between the two parties by filling out the divorce application form and specifying its procedures together, and it can be obtained quickly and easily, provided that the following conditions are met:
The continuation of the marriage of the parties for a minimum period of one year in accordance with Article 3/166 of the Turkish Civil Code
Organizing an agreement contract and signing it by the parties to the marital relationship
The two parties come to the court and submit the divorce application before the judge, who in turn personally ascertains the mutual desire of the two parties to divorce and their fair agreement regarding the custody of children and the division of property. The judge can amend some procedures to improve the conditions of the children.
There is no need to have a lawyer in cases of divorce by agreement, but it is recommended to obtain legal assistance due to the possibility of some problems or difficulties arising during the legal procedures
2-Contested Divorce (Divorce by Controversy): This divorce can only take place by a claim submitted to the court, and according to the Turkish Civil Code, the reasons for divorce accepted by the courts must be one of the following:
Adultery: The first special reason for divorce in Turkish law is a decisive reason for divorce, meaning that the judge must rule for divorce when adultery is discovered because it is an inevitable cause of divorce. The spouses must file for divorce within 6 months from the date the act of adultery was discovered and within 5 years from the date the act was committed. The right to request a divorce is forfeited in the event of a pardon. Informed consent to adultery is not considered an amnesty.
Attempted murder and inappropriate or degrading treatment:
Attempted murder and inappropriate or degrading treatment is the second of the special grounds for divorce in Turkish law. An attempt to attack life occurs when one spouse has an intention to kill the other, and this is proven by actions. Encouraging a husband to commit suicide is also considered an act of attempted life assault. The husband must have the legal capacity to hold him responsible for the attempted assassination.
In the case of improper treatment, there must be an attack on the physical integrity or health of one of the spouses. This attack does not have to be continuous, but rather it must have been deliberate. Humiliating treatment is an unjustified attack on the honor of the other spouse. These reasons for divorce are decisive, which means that the judge must rule for divorce when those reasons are discovered. The right to request a divorce is forfeited in the event of a pardon.
Committing a dishonorable crime or leading a dishonorable life:
Committing a dishonorable crime or leading a dishonorable life is one of the special grounds for divorce. If one of the spouses commits a humiliating crime or leads to a dishonorable life and if the other spouse is not expected to live with the offending spouse due to these reasons, the spouse may file for divorce at any time. For these actions to be considered grounds for divorce, these actions must be continuous
Abandonment:
One of the spouses must have abandoned the other with the aim of not fulfilling their marital obligations. The relinquishing spouse must not have returned to the common place of residence without a valid reason, and the separation must have lasted at least six months before the relinquished spouse can file for divorce. And the judge must implement the divorce if the conditions for desertion are fulfilled, because it is a decisive reason for divorce in Turkish law
Mental illness:
There must be a report from the official medical board stating that the mentally ill spouse cannot recover and that the joint life of the other spouse has become unbearable because of the mental illness.
After the fulfillment of these conditions, the party wishing to divorce must submit a written direkshah.
The court before which the divorce case must be filed: the case is submitted to the family court, but with regard to the law applicable to foreigners, a distinction must be made between:
One of the spouses is a Turkish citizen and the other is a foreigner.
Both sides are foreigners and only live in Turkey
In the first case, if the foreign spouse files for divorce in his or her country, the other party, a Turkish citizen, must file for divorce in Turkey.
In the second case, either party can file a divorce application in the local court in which he lives. In this case, one of the following rules applies:
The law of the country to which the parties belong (upon request)
The law of the country in which both parties live and reside (even if it is not their country of origin)
Turkish Law (if you do not specify any of the above)
After the divorce ruling, both parties have the right to marry a second time, but if the wife is pregnant, she is not allowed to marry until 300 days have passed from the court’s decision, in accordance with Article 1/132, and the wife is stripped of her husband’s family title.
In the event that the divorce causes moral or material damage to one of the parties, the injured party has the right to claim compensation for that, and it is up to the judge to decide the amount of compensation, taking into account the financial and social condition of the other party, but if the damage is sustained by both parties, they are not entitled to claim compensation.
What are the types of alimony after divorce?
Alimony, according to Turkish civil law, is of four types:
Husband/wife alimony: If the less guilty party does not have sufficient material income or needs material support, he has the right to spend the other party on him according to Article 175, and the amount of alimony depends on the financial situation of the guilty party, and this alimony is canceled if the less culpable party marries once again, or improve his financial condition, or lead an immoral life, and in the event of his death as well.
Child alimony: According to the court order, the guardianship of children is entrusted to one of the two parties, while the other party (mostly the father) is obligated to pay child support, which may increase as the child grows and his needs increase as the court deems appropriate.
Temporary alimony: The claiming party may not be able to meet his or her needs during the divorce proceedings, which requires temporary support until the divorce proceedings are completed. This alimony starts from the date of filing a lawsuit related to divorce until the completion of all divorce proceedings.
Support expense: It is resorted to in the event that a person is unable to secure his basic needs, then he is entitled to obtain support from the successors (children or grandchildren) or ancestors (parents or grandparents) provided that the applicant proves his poverty and proves the stability of the financial situation of the relatives who will support him, and such This kind of alimony is very rare.
As an advice that Acuad gives to those thinking of divorce, it is to slow down in his decision and try to solve the problems that can be solved, especially if there are children, in order to preserve the life of the child in the atmosphere of one family, but if the determination is made to divorce, you must consult a Turkish lawyer, whether the divorce is consensual or It is not my consent, because there are many legal details that must be reviewed, resolved, and agreed upon with the other party before proceeding with the divorce
