Family and Divorce Law

Divorce cases are heard in family courts. Under Article 168 of the Turkish Civil Code No. 4721, the competent court is the court of the place where either spouse resides, or the court of the place where they last lived together for at least six months before the case was filed. The plaintiff may choose either of these two options.

In İzmir, family courts operate within the İzmir Courthouse and the courthouses of the affiliated districts. Which courthouse to apply to depends on residence; if, for example, one spouse lives in Karşıyaka and the other in Bornova, the plaintiff may choose the court of either place.

The venue rule is not a matter of exclusive jurisdiction. If the defendant does not raise a jurisdictional objection within the applicable period, the case continues before the court where it was filed. For this reason, the choice of venue should be considered from the outset with regard to where the witnesses and evidence are located.

In a divorce by mutual consent, the spouses have reached agreement on the divorce itself, its financial consequences, and, where applicable, the situation of the children, and they submit this in a protocol to the court. In a contested divorce, at least one of these matters is disputed, and the court examines fault, maintenance, custody and damages through evidence before reaching a decision.

Article 166/3 of the Turkish Civil Code requires three conditions: the marriage must have lasted at least one year, the spouses must apply together or one must accept the other's action, and the judge must hear the parties in person and be convinced that their intentions were freely expressed. In addition, the judge must find the arrangement accepted by the parties regarding the financial consequences and the situation of the children to be appropriate.

The judge is not obliged to approve the protocol as it stands. In particular, where custody, contact, or child maintenance arrangements are found contrary to the child's interests, the judge may request changes. If the parties do not accept the change, the case becomes contested.

It is important that the protocol sets out matters such as maintenance, damages, custody, contact days, division of property and gold and jewellery given at the wedding clearly and without leaving room for dispute. A significant portion of disputes that arise later stem from incomplete or ambiguous protocol clauses.

The Turkish Civil Code sets out two types of divorce grounds: specific and general. The specific grounds are adultery, attempt on life and severe or humiliating conduct, commission of a crime and leading a dishonourable life, desertion, and mental illness. The general ground is the irretrievable breakdown of the marriage, regulated under Article 166.

In practice, the great majority of cases rely on the general ground. In this situation, the court examines whether the continuation of the shared life has broken down to a degree that cannot be expected of the parties, and the fault of the parties. Under Article 166/2 of the Turkish Civil Code, if the plaintiff's fault is more severe, the defendant has the right to object to the case.

After the amendment of 14 November 2024, Article 166/4 now provides: if a divorce case is dismissed and the shared life has still not been reestablished one year after that decision becomes final, the marriage is deemed to have broken down irretrievably, and a divorce is granted at the request of either spouse.

How the case unfolds is largely determined by the preparation made at the outset. Population records, the marriage certificate, income documents, land registry and vehicle records, bank account statements, loan agreements and, if any, medical reports should be gathered.

If liquidation of the matrimonial property regime is being considered, a list of assets acquired during the marriage and their acquisition dates should be prepared. Records showing which asset was purchased with which source of funds are documents that become difficult to find later.

Correspondence and records to be used as evidence must be obtained lawfully. When evidence obtained unlawfully enters the file, it is not only excluded from consideration but may also produce results against the party who submitted it.

The protocol must cover all the financial consequences of the divorce and the arrangements relating to the children. Any topic left incomplete becomes the subject of a separate case once the divorce becomes final. In practice, most disputes that arise later stem from gaps in the protocol.

The topics that should be included are: the parties' intention to divorce, custody, contact days, child maintenance and its basis for increase, the request for spousal maintenance or waiver of it, pecuniary and non-pecuniary damages, liquidation of the matrimonial property regime, gold and jewellery, litigation costs and attorney's fees.

It is important that any waived rights are explicitly stated in writing. A claim not mentioned in the protocol is not deemed waived; for this reason, if maintenance or damages are not being sought, this must be expressly stated. If liquidation of the matrimonial property regime is not addressed in the protocol, a separate case can be filed after the divorce.

Disputes arising from family law, namely divorce and custody claims, are not considered suitable for mediation. For this reason, applying to a mediator before filing a divorce case is not a procedural prerequisite to filing suit.

By contrast, mediation may come into play for requests relating to the amount of a maintenance claim, and for property-related requests such as gold and jewellery claims and contribution claims. This distinction is made according to the nature of the claim.

When the parties choose the route of divorce by mutual consent, a protocol is prepared and submitted to the court. Ensuring that the protocol fully covers maintenance, custody, contact and division of property prevents an additional case being filed later.

A party filing a divorce case may seek either divorce or separation. Even if the ground for divorce is proven, the judge may decide on separation instead of divorce if there is a possibility of the shared life being reestablished. In a request for separation, only separation can be ordered.

A separation decision does not end the marital union; the spouses remain married, but the obligation to live together is lifted. During this period, arrangements are made regarding maintenance, custody and management of assets.

If the shared life has not been reestablished by the end of the separation period, either spouse may file a divorce case. In that case, the events on which the separation decision was based are not reargued.

Witness testimony, message and correspondence records, photographs and video, bank and spending records, medical reports, social media posts, and police and prosecution files can be used as evidence in a divorce case. What matters is that the evidence was obtained lawfully.

Evidence obtained unlawfully is not taken into consideration. This includes records obtained by accessing a spouse's phone or email account without permission, and images or audio collected through secretly placed cameras or recording devices. Presenting such evidence not only fails to help the case but may also give rise to criminal liability for the unlawful acquisition of personal data.

By contrast, situations such as a party recording a conversation they themselves took part in, or photographing a document left openly in a shared space, may be assessed differently. The nature of the evidence and the manner in which it was obtained must be examined on a case by case basis.

The witness list must be submitted to the court within the applicable period. The list must state the witness's name, address, and the matter about which they will be heard.

A witness being a close relative does not prevent them from being heard. The weight given to their statement is assessed according to whether they personally witnessed the event and the consistency of the account.

Preparing the questions to be put to the witness at the hearing helps make the statement suitable as evidence. Hearsay accounts do not, on their own, produce a result.

Posts made from a party's own account, and messages sent to them, can as a rule be submitted to the file. Preserving the integrity of the records is important.

By contrast, content obtained by accessing the other party's account without permission raises the issue of unlawfully obtained evidence. This route also carries a risk of criminal liability.

The manner in which the evidence is submitted also matters. Submitting the record together with its source, rather than a screenshot alone, allows examination to take place if an objection is raised.

Yes. The requests stated in the case petition can be changed or increased during the proceedings through an amendment. The amounts of maintenance and damages claims can be raised in this way.

As a rule, an amendment can be made only once and only until the investigation phase concludes. For this reason, the timing of the amendment is important; an amendment made before the collection of evidence is complete cannot cover data that emerges afterward.

If an indeterminate claim case has been filed, an increase in the claim can be made without needing an amendment. This route is preferred for claims where the amount cannot be determined from the outset, such as liquidation of the matrimonial property regime.

There is no single answer to how long it takes. In a divorce by mutual consent, the parties attend in person, and if the protocol is found appropriate, the case is generally concluded in a single hearing. In a contested divorce, the duration varies depending on the number of witnesses, whether an expert examination is required, whether a preliminary matter arises, and whether the file goes to appeal.

The most common factors that extend the process are failure to complete service of process, witnesses not attending the hearing, waiting for a social investigation report, and expert examination in the liquidation of the matrimonial property regime. Fully stating the evidence and providing correct address information in the petition prevents some of these delays.

Rendering the divorce decision alone is not enough. The decision must become final so that it can be recorded in the population registry and so that the time periods for subsequent cases can be calculated.

As a rule, decisions relating to family law cannot be enforced before becoming final. For this reason, changes to the population registry record, remarriage, and transactions relating to liquidation of the matrimonial property regime must wait until finality.

By contrast, interim decisions on interim maintenance and establishing contact with the child are applied while the case is ongoing. If these decisions are not complied with, enforcement can be sought.

If an objection has been raised to only part of the decision, the other parts can become final. Correctly determining which item has become final matters for subsequent actions.

Once a divorce or separation case is filed, the judge, under Article 169 of the Turkish Civil Code, takes on their own initiative the interim measures necessary for the duration of the case. These measures concern in particular the spouses' housing and living expenses, the management of assets, and the care and protection of the children.

Maintenance ordered in this context is called interim maintenance. It is assessed by the judge on their own initiative even without a request from the parties, and continues until the case concludes. Interim maintenance ends with the divorce decision; where the conditions are met, it is replaced by spousal maintenance and child maintenance.

Which spouse the family home will be allocated to, with whom the child will stay during the case, and how contact with the other parent will be arranged are also decided at this stage. Expressly raising these requests in the petition when the case is filed speeds up the process.

Under Article 175 of the Turkish Civil Code, a party who would fall into poverty as a result of the divorce may, provided their fault is not more severe, request indefinite maintenance from the other party for their living expenses, in proportion to that party's financial capacity. Three elements are required: falling into poverty, the requesting party's fault not being more severe, and the financial capacity of the obligated party.

The term "indefinite" in the statute does not mean the maintenance can never end. Where the recipient remarries, lives together with someone as if married, their state of poverty ends, or either party dies, removal of the maintenance may be requested.

Spousal maintenance differs from child maintenance paid for a child. Child maintenance is intended to contribute to the child's care and education expenses, is paid by the parent who is not granted custody, and as a rule ends when the child reaches majority.

Child maintenance is the contribution made by the parent who is not granted custody toward the child's care, education and protection expenses. The parents' duty of care continues until the child reaches majority.

If the child has reached majority but continues in education, the mother and father are obliged, to the extent that can be expected of them according to circumstances, to continue their duty of care until the education is completed. In this case, maintenance is requested by the child themselves.

Child maintenance is determined by the judge on their own initiative even without a request from the parent who does not hold custody. It cannot be entirely removed by agreement of the parties; the child's interests are taken into account.

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If the court decision states that the maintenance will be increased each year according to a specific index, the increased amount can be requested directly through enforcement proceedings, without the need to file a separate case. If the decision contains no such provision, or if the existing rate has become insufficient, a maintenance increase case must be filed.

In an increase case, the court jointly assesses changes in the parties' economic and social circumstances, the child's age and increasing needs, and the general rise in the cost of living. A reduction or removal of maintenance is likewise based on a change in circumstances.

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Enforcement proceedings can be initiated for unpaid maintenance. Maintenance claims are privileged claims; they take priority over other claims in a salary attachment and are not subject to the one-quarter limit that otherwise applies to salary attachments.

If payment is still not made despite enforcement proceedings, a complaint can be filed against the debtor who fails to comply with the maintenance order before the enforcement criminal court. Following this complaint, coercive imprisonment can be applied; the imprisonment ends once the debt is paid.

The right to complain is subject to a specific time limit and can only be used with respect to the most recent unpaid maintenance period. For this reason, action should be taken without delay when a payment is missed.

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The court determines custody according to the best interests of the child. Under Article 182 of the Turkish Civil Code, when deciding on divorce or separation, the judge, after hearing the mother and father wherever possible, arranges the parties' rights and their contact with the child. The parents' respective fault is not, on its own, decisive.

The assessment takes into account the child's age, the environment they are accustomed to, their educational arrangements, not being separated from siblings, the parents' capacity to care for the child, and housing conditions. The view of a child of the age of discernment is obtained; this view is not binding but carries significant weight in the assessment.

Where the court considers it necessary, it has an expert examination carried out by a pedagogue, psychologist and social worker. The resulting social investigation report can be decisive in the custody decision; for this reason it is important to be prepared for the interview process.

Contact between the child and the parent who is not granted custody is arranged by court decision. In practice it is structured around certain weekends, part of religious and official holidays, and certain days of the mid-term and summer breaks. The child's age and school schedule are decisive.

If a contact decision is not complied with, delivery of the child can be requested through enforcement, and failure to comply with the obligation regarding delivery of the child carries a sanction. Where a parent lives outside the city or abroad, the contact arrangement is structured differently to reflect this.

When circumstances change, a change to the contact arrangement can be requested from the court. Changes in the child's school hours, a house move, or a health condition are common grounds for such requests.

Enforcement of judgments and interim measure decisions relating to delivery of a child and establishing contact is now carried out not by enforcement offices but by the directorates of judicial support and victim services. This change was made to reduce the impact of the process on the child.

The delivery process is carried out with the support of an expert, with care taken to avoid traumatizing the child. A warning is given to the party who fails to comply with the obligation; if the noncompliance continues, disciplinary imprisonment may follow.

If the child avoids contact, expert support and a social investigation are sought first, rather than compulsion. If circumstances have changed, a change to the contact arrangement can be requested from the court.

For the adoption of a minor, the adopting person must have cared for and educated the minor for at least one year, and the adoption must be in the minor's interest. The consent of the minor's mother and father is required; in cases specified in the law, this consent may not be required.

Spouses may only adopt together. A person who is not married may adopt alone, provided the age requirement set out in the law is met. There must also be a certain age difference between the adopting person and the person adopted.

One spouse may, under certain conditions, adopt the child of the other. Adoption of an adult or a person under guardianship is subject to separate and more limited conditions.

The father of a child born within marriage is, as a rule, the husband. A husband wishing to rebut this presumption can file a case to deny paternity. This right of action is also granted to the child.

For the husband, the case must be filed within one year from the date he learns of the birth and that he is not the father, or that the mother had sexual relations with another man during the period of conception, and in any event within five years from the birth. For the child, the period runs from reaching majority.

If the delay is due to a justified reason, the period begins to run again once the reason ceases to exist. In practice, DNA examination is the decisive evidence.

Under Turkish law, the statutory matrimonial property regime is the regime of participation in acquired property, which entered into force on 1 January 2002. Under this regime, each spouse has a claim to half of the residual value found upon liquidation of the property acquired by the other spouse during the marriage. Division of property is requested not together with the divorce case, but through a separate case.

Acquired property is the value of assets a spouse obtains during the marriage in exchange for consideration; this includes the proceeds of their labour and the values that replace them. Personal property, on the other hand, consists of assets the spouse owned before marriage, values acquired through inheritance or gratuitous acquisition, and claims for non-pecuniary damages.

Spouses may, if they wish, choose by contract one of the regimes of separation of property, participation in separation of property, or community of property. If no such contract exists, the statutory regime applies.

If one spouse has contributed, without any consideration or without adequate consideration, to the acquisition, improvement, or preservation of an asset belonging to the other, they are entitled, upon liquidation, to a claim in proportion to their contribution for the increase in value of that asset. This is called a claim for share in increased value.

A contribution claim, on the other hand, arises with respect to the separation of property regime that applied before 1 January 2002. In files where the marriage began before this date, the two periods are assessed separately.

In both types of claims, proof of the contribution is decisive. Bank records, loan payments, land registry documents and payslips are the primary means of proving this. Contributions in the form of housework and child care can also be taken into account.

Spouses may choose one of the other regimes listed in the law instead of the statutory matrimonial property regime. The regimes that may be chosen are separation of property, participation in separation of property, and community of property. This choice is made through a matrimonial property regime agreement.

The agreement can be made before marriage or during the marriage. It must be executed or certified before a notary. Spouses may also state in writing which regime they have chosen at the time of applying for marriage.

The agreement only allows for the choice of one of the regimes provided for in the law; the parties cannot create their own hybrid regime. Limited changes can be made within the chosen regime.

As a rule, the gold and jewellery given at the wedding are considered to belong to the woman. The distinction as to who put them on or to whom they were given does not change this rule in practice. A different assessment may apply to items specific to the man.

If it is claimed that the gold and jewellery were sold or spent, the burden of proving that this was done with consent and for the woman's benefit lies with the other party. For this reason, bank and jeweller records relating to sale, exchange, or loan repayment transactions are important.

A claim for the gold and jewellery is raised not within the divorce case itself, but as a separate case or as an independent claim filed together with the divorce. If return in kind is not possible, payment of its value can be requested.

Article 174 of the Turkish Civil Code provides for two separate types of damages. A party who is without fault or less at fault, and whose existing or expected interests are harmed as a result of the divorce, may seek appropriate pecuniary damages from the at-fault party. A party whose personality rights are attacked as a result of the events giving rise to the divorce may seek non-pecuniary damages.

Both types of damages require that the requesting party's fault not be more severe. For pecuniary damages, the harmed interest must be made concrete; for non-pecuniary damages, the attack on personality rights must be demonstrated.

Claims for damages may be raised together with the divorce case, or filed after the divorce decision becomes final. In the latter case, the one-year period described below must be observed.

Once a divorce decision becomes final, the spouses lose their status as each other's legal heirs. In addition, any rights granted to them under dispositions made before the divorce for the event of death lapse, unless it is understood from the disposition that the opposite was intended.

If one spouse dies while the case is ongoing, the situation is different. In that case, one of the heirs continues the case, and if it is proven that the surviving spouse was at fault, that spouse loses their status as an heir.

For this reason, the consequences under inheritance law must also be considered in lengthy divorce cases. Particularly in cases of old age or serious illness, the course of the case can be decisive with respect to the estate.

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Protective and preventive measure decisions can be requested under Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women. The application can be made to the family court, or to the police or the local administrative authority; in cases where delay would cause harm, measures can also be taken by the police chief.

Measures that may be ordered include removing the person committing violence from the shared residence, prohibiting them from approaching or communicating with the protected person, requiring them to surrender any weapons, and providing temporary shelter for the protected person. Submission of evidence is not required for the decision; the statement is taken as a basis.

Failure to comply with a protective measure decision can result in coercive imprisonment. A protection order is independent of the divorce case; it can be requested without a divorce case being filed, and can continue after one is filed.

Protective and preventive measure decisions are issued for a specific period. If, at the end of that period, the danger is assessed as continuing, the measures can be extended, changed or lifted, either upon request or on the court's own initiative.

An objection to the decision can be filed with the family court within two weeks from the date of pronouncement or notification. Upon objection, the file is sent to an authority other than the judge who issued the decision, and a decision is made within one week.

Failure to comply with a protective measure decision can result in coercive imprisonment, even if the act also constitutes another offense. This sanction is applied at an increasing rate for repeated violations.

Measures can be requested from the court even without a divorce case being filed. Either spouse may request the judge's intervention with respect to the other spouse who fails to fulfil their obligations while the union continues. The judge warns the spouses regarding their obligations and takes measures where necessary.

In this context, arrangements can be made for suspending shared living, determining maintenance for the spouse and children living separately, allocating the family home to one of the spouses, and managing the assets.

These measures do not mean that a divorce has been decided. If the spouses reconcile, the measure is lifted; if a divorce case is filed, new measures effective for the duration of that case are then determined.

Yes. Turkish citizens can file a divorce case in Turkey even if they live abroad. The competent court is the court of the place in Turkey where either spouse resides. If neither has a place of residence in Turkey, the supplementary jurisdiction rules set out in the law apply.

The parties can attend hearings through their representatives. However, since the judge must hear the parties in person in a divorce by mutual consent, at least one hearing requires personal attendance.

A power of attorney issued from abroad must be executed at a Turkish consulate or certified with an apostille. The power of attorney must expressly state the authority to file a divorce case.

It is not automatically valid. For a divorce decision obtained from a foreign court to produce effect in Turkey, a recognition or enforcement decision must be obtained. Recognition is the acceptance of the decision's binding effect; enforcement additionally gives it enforceability.

Recognition is sufficient for correcting the population registry record. Where enforceable provisions such as maintenance or damages are involved, enforcement is required. The competent court is the family court.

For divorce decisions meeting certain conditions, there is also the possibility of direct registration by applying to the population directorate without going to court. This route requires that both parties apply together and that the decision has become final.

For a foreign court decision to produce effect in Turkey, a recognition or enforcement decision must be obtained. Recognition is sufficient for the divorce to be recorded in the population registry.

A certified copy showing that the decision has become final, an apostille or consular certification, and a sworn translation must be submitted to the file. Missing documents are the most common cause of delay.

For items such as maintenance or division of property that require enforcement, enforcement is required. In an enforcement review, whether the decision is contrary to public order is assessed.

As a rule, a divorced woman resumes the surname she had before marriage. If she proves that she has an interest in continuing to use her former husband's surname and that this would not cause any harm to him, the judge may, upon her request, permit her to keep bearing her husband's surname.

This permission may be requested during the divorce case, or later through a separate case. The husband may request that this permission be withdrawn if circumstances change.

In assessing the interest, factors such as the woman's professional recognition, her business activity being identified with that surname, and the wish to bear the same surname as the children are taken into account.

Yes. Under Article 178 of the Turkish Civil Code, rights of action arising from the ending of a marriage due to divorce become time-barred one year after the divorce judgment becomes final. This period matters for claims relating to liquidation of the matrimonial property regime, the gold and jewellery claim, and claims for damages.

The period begins to run not from the date the divorce decision was rendered, but from the date it becomes final. If the decision was taken to appeal, the date of finality is determined accordingly. This date is not settled until a certificate of finality is obtained for the decision.

If the one-year period is missed, the right itself does not disappear, but if the other party raises a limitation defence, the claim is dismissed. For this reason, the timeline for any cases to be filed after the divorce becomes final should be planned in advance.