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Divorce in Turkey


Illustration of two rings on a form of divorce

Divorce in Turkey: all in a row.

Divorce in Turkey can be a complex process, involving various legal steps and considerations. This page provides an overview of what to expect during divorce proceedings in Turkey.

Types of divorces

In Turkey, there are two main types of divorce: non-contentious and contentious. In a non-contentious divorce, both parties agree on the terms of the divorce, such as division of property, alimony and child custody. This type of divorce is usually faster and easier, especially if the parties have gone through a mediation process and reached an agreement. A contested divorce, on the other hand, is more complex and can take longer, as there is often disagreement over the terms, requiring multiple hearings and evidence.

Legal steps and documentation

The process starts with filing a divorce petition with the competent family court. This petition must meet the formal requirements of Turkish law, and all necessary documents must be properly translated and legalised. In contentious divorces, the court investigates the case, collecting evidence and hearing witnesses. In many cases, it is advisable to hire an experienced lawyer who is familiar with both Turkish law and international family law issues.

Distribution of property and financial matters

Turkish law states that property acquired during the marriage must be divided equally, unless otherwise agreed in a marriage contract. This can become particularly complicated if foreign property or assets are involved. It is important that both parties have clarity on what happens to joint property to avoid future conflicts.

Guardianship and children

Turkish courts attach great importance to the welfare of the children in a divorce. Custody is awarded based on what is best for the child, considering factors such as the parents' financial situation and the child's relationship with each parent. In uncontested divorces, parents can jointly agree on custody, but in case of disagreement, the court makes a decision.

Importance of legal help

Divorce in Turkey requires careful legal guidance to ensure that all steps are followed correctly and the interests of all involved are protected. Whether it is filing a divorce petition, arranging property division, or establishing child care, an experienced lawyer can help make the process smooth and fair.

With legal issues surrounding divorce, it is important to seek timely legal advice to avoid unnecessary complications and ensure that the process is as efficient as possible.

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The applicable law in a divorce in Turkey depends on the nationality and residence of the spouses. If both spouses have the same nationality, their national law is applied. If they have different nationalities, the law of their common domicile applies. If there is no common domicile, Turkish law is applied.

A foreign divorce decree must be recognised by a Turkish court to be legally valid in Turkey. This process, known as "tanıma ve tenfiz," requires that the foreign judgment is in line with Turkish public policy and that all necessary documents, such as a certified translation and apostille, are submitted.

In a divorce, the Turkish court determines custody of the children based on their welfare. The court takes into account factors such as the child's age, the parents' financial situation and the bond between the child and both parents. If the parents have different nationalities, the national law of the parents may also influence the decision.

In Turkey, divorces can be filed on specific grounds such as adultery, physical violence, serious moral conflicts, and abandonment. If both parties agree on the divorce and its terms, a "non-contentious" divorce can be handled more quickly. If there is disagreement on the terms, such as division of property or custody, the case becomes "contentious" and the process can take longer