Current marriage and divorce laws in Turkey
Turkey has several laws regarding family relations and protecting women's rights.
First of all, when concluding and dissolving a marriage, the state relies on the Law of the Republic of Turkey No. 6284, which is called “On the Protection of the Family and the Prevention of Violence against Women.”
Also in the sunny country there is a Law “On Civil Status”. Family law here is governed by Articles 118-494.
Another resolution that contains clauses on family relations is the law “On Private International and Procedural Law”.
All these acts also spell out the responsibilities of both parties, including in mixed families.
In Turkey, only marriages entered into by government agencies have legal force. The so-called Imam Nikah (religious betrothal) has no support from the law.
Reasons for divorce in Turkey
The reasons for divorce are quite different. The reasons for divorce themselves are prescribed in the Civil Code of the Turkish Republic. The main reasons are the disrespectful attitude of one of the spouses towards the other, the commission of a crime, infidelity, the breakdown of the union between spouses, separation of spouses, domestic violence, psychological pressure, psychological or mental illness of one of the spouses. For a divorce, the spouse must be at fault, otherwise the divorce will be denied.
How to get married in Turkey
Having decided to marry a citizen of the Republic of Turkey, the foreigner goes to his homeland and the wedding takes place in a sunny country. Accordingly, marriage follows local laws and traditions.
Official registration of marriage with a Turk
Relationships are registered in Turkey by the so-called Evlendirme Dairesi. Simply put, local registry offices.
In order to start a family with a Turkish citizen, a foreigner will have to collect a certain package of documents:
- Photos (4 pieces), taken no more than six months before the date of submission of documents.
- Original and copy of your foreign passport (in some cities you are also asked to provide a notarized translation into Turkish).
- Birth certificate with apostille. USSR-style documents are not accepted; a new copy must be issued. But not all registry offices require you to submit this paper. This point needs to be clarified in the city where the wedding will take place.
- Certificate of no obstacles to marriage. It must be translated into Turkish and certified by a notary.
- Divorce certificate for those who were previously married.
- Certificate of absence of serious diseases (this can be obtained from any public or private clinic in Turkey).
- Residence permit (if available).
Document packages may differ in different provinces and cities. Therefore, details must be obtained on site.
After the documents are collected, the date of marriage is set. Both parties must be present at the registry office (Evlendirme Dairesi).
A man and a woman must personally confirm their consent to marry. Two adult witnesses are invited to the ceremony. In their presence, the act of creating a new family will be signed. After which the newlyweds will be issued a marriage certificate.
Marriage procedure for Russian citizens
Foreigners can also get married in the territory of the Republic of Turkey.
For example, if two Russian citizens live in the territory of a sunny country (have a residence permit or work permit), they must contact the Russian consulate to which the city of their residence is located.
They will also need to provide a full package of documents and a certificate stating that they are not married. The necessary papers can be ordered from the Russian consulate.
Divorce in Turkey. How to get a divorce. Consequences for Russian wives.
This article explains divorce and property division issues under Turkish family law. It covers the divorce procedure as well as the grounds for divorce in Turkey.
Family law in Turkey was inspired by the Swiss Family Code, which at one time was the most modern law in Europe, so Mustafa Kemal Atatürk felt it necessary to adapt it for the Turkish Republic in order to put an end to the social rules of Islam that were directed against women's position in society. In 2001, the Civil Code also underwent changes in accordance with the social and family innovations of society.
These changes mainly concerned the woman’s position in the family, for example: maintaining her last name after marriage, the ability to work without the special permission of her husband, independently deciding where to live without asking her husband’s permission, etc. One of the key changes in Turkish family law is allowing spouses to enter into agreements on the division of property before marriage. And, in the event of divorce, the spouses had the opportunity to divorce according to the provisions of their prenuptial agreement. If the spouses do not enter into a special agreement regarding the division of property before marriage, they can only get a divorce in accordance with the provisions of Turkish Family Law.
How to get a divorce in Turkey. Divorce in Turkey. Family law and jurisprudence of the Republic of Turkey provide for the direct or indirect economic contribution of spouses to the family. Therefore, the indirect economic contribution of a housewife's work, such as housework or childcare, is never ignored by law or court.
Divorce Procedures: 1. Contested Divorce (In the absence of the consent of one of the spouses) One of the spouses can file for divorce to end a bad relationship. Divorce proceedings are handled by the Family Court (Aile Makhemesi), whose special jurisdiction includes divorce. The case must take place in the court related to the place of residence of the spouses for the last 6 months, or to the place of residence of the applicant. For a divorce, the spouse must be at fault, otherwise the divorce will be denied. There are two main grounds for divorce: a) general grounds - divorce as a result of a serious conflict b) special grounds, such as: adultery, threat to life and health, violence and insults, crimes and dishonest lifestyle, leaving the family, mental illness. Typically, in a contested divorce, a spouse must convince the court as to whether he is right and the other spouse is wrong or at fault. 2. Uncontested divorce (divorce by mutual consent) One of the spouses can go to court by sending an agreement on the division of movable and immovable property entered into by them. If no objections arise, the spouses may be divorced according to the provisions of their agreement on the division of property and real estate, by mutual consent.
Separation of spouses. A spouse who has the right to file for divorce can ask the court for a legal separation. Also, during divorce proceedings, the judge may decide that, through the court, the spouses need to be ordered to live separately (from 1 to 5 years), if there is a possibility that in the future the spouses will get back together and live together. Separation can be enforced by the court on much the same grounds as divorce, and the court can exempt the spouse filing for divorce from living with the other spouse. If the situation does not change within three years, the spouses do not live together, and still want to get a divorce, they notify the court about this, and can ask for a divorce on the grounds that they have not gotten back together.
Consequences of Divorce There are many legal consequences of divorce. Some of them are personal in nature - the spouses retain their personal property (personal items, property owned before marriage, property acquired as a result of inheritance or gift after marriage, payments received as moral compensation, material assets acquired at the expense of other personal property), while joint property is subject to division. However, if the woman does not have another home to live in, the court can give her their family home (in case the husband is to blame for the divorce). After a divorce, a woman returns to her maiden name. She can also keep her husband's surname if she proves to the court that this will not harm him in any way. She can retain the citizenship she acquired through marriage. Moreover, by its decision, the court can order the payment of alimony for an indefinite amount of time.
Unlike the United States, there is no joint custody of children in Turkey, so it must be entrusted to the most suitable spouse for custody.
Turkish wedding customs and traditions
A wedding in Turkey, as they say, is celebrated by the whole world.
It all begins with an engagement (nishan), when the groom's family asks the girl's hand in marriage from her parents.
The engagement ceremony is sometimes larger in scale than the official registration procedure.
Next, the night of henna is celebrated, so to speak, farewell to single life. Only women are present at this ceremony.
On this night, musicians sing sad songs to touch the bride and her parents. After this, the girl’s hands are covered with henna patterns, and the dancing begins.
The next day the wedding takes place. The groom takes the bride from home and takes her to the registry office. After the official ceremony, the cortege leaves for the celebration site.
Turkish weddings are usually attended by not only relatives and close friends, but also neighbors, colleagues, and everyone who is at least somehow familiar with the bride or groom. Light snacks and non-alcoholic drinks are available on the tables. In the west of the country, weddings are often celebrated with champagne and crayfish. The celebration is held in special salons, where there is enough space for cheerful Turkish dances.
Instead of wedding gifts, gold coins are usually presented. When the holiday ends, the newlyweds go to their own home.
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Fictitious marriage to obtain a residence permit and citizenship
Some women may be tempted to enter into a fictitious marriage with a Turkish citizen in order to easily obtain a long-term residence permit, and in the future have the opportunity to obtain citizenship.
20 years ago, one could become a Turkish citizen automatically by marrying a resident of the country.
Today the rules have changed.
To obtain citizenship, you need to live with your spouse for at least three years, and then prove that the marriage was concluded for love. Thus, an inspection can easily come to the home of the newlyweds in order to find out whether this relationship is really real. And if a woman applies for citizenship, then the police will definitely come to the house more than once. The inspectors look to see if the husband's belongings are in the house, find out how well the spouses know each other, and even interview neighbors.
If it is determined that the marriage is fictitious, citizenship and residence permit will be denied forever. In addition, within 15 days the offender will have to leave the country with deportation for 5 years.
How to get a divorce in Turkey
Marriages are not always concluded once and for life. Sometimes couples decide to end their union.
Contested and uncontested divorce
Turkish law provides for such concepts as contested and uncontested divorce.
In the first case, only one of the parties decides to separate. The second spouse does not give his consent.
The reasons can be different: from conflicts and disrespectful attitudes to betrayal and threats to life or health.
In this case, the plaintiff will have to prove the defendant’s guilt in court. Otherwise, termination of family relations will be denied.
In an uncontested divorce, one party may also initiate the breakup. But the decision to divorce is mutual. Spouses come to court having already agreed on the division of property and raising children.
What documents are needed
In order to get a divorce in Turkey, you will also have to collect a certain package of documents. The court will need to provide:
- A statement indicating the personal information of both spouses and the reasons for the divorce. The document must be completed in Turkish. If both parties agree to termination, this must also be indicated in the petition.
- An agreement on the division of property and an agreement on raising children (if possible).
- Evidence supporting the need to dissolve the marriage. For example, evidence from neighbors about constant scandals, photographs of a spouse with another woman as evidence of infidelity, recordings of telephone conversations or correspondence.
- Marriage certificate.
- Identity documents.
Registration of child support if there are children
When filing a divorce, a woman in Turkey has the right to claim alimony, even if she is a foreigner.
However, the child must be a Turkish citizen.
A woman must also write about her desire to receive alimony in her divorce application.
In this case, the court will oblige the father to make monthly payments. They start from 500 liras and depend on the man’s income level.
Duration and cost of the procedure
In Turkey, you won’t be able to get a divorce instantly. The judge will definitely give the spouses time to think.
Moreover, Themis can extend this period more than once. Therefore, divorces in Turkey sometimes last for years.
And some couples decide to officially remain husband and wife, but at the same time live separately.
In addition, divorce in Turkey is a costly matter. To apply to the court you will need to pay only 40 liras.
But not a single divorce proceeding takes place without the participation of a lawyer. So, in case of an uncontested divorce, the lawyer can demand an amount of 5,000 liras, and in case of a unilateral application - from 7,000 liras. And depending on the circumstances, the amounts can increase to tens of thousands.
Types of divorce in Turkey
Divorce in Turkey between Turks and divorce in Turkey from a Russian wife will occur according to Turkish laws, based on 2 main types of divorce: a controversial divorce claim and separation by mutual consent.
The first procedure involves one spouse filing for divorce due to conflicts with the other party, adultery, or mental illness. The following procedure applies to disputed divorce proceedings:
- the party demanding a break in family relations must file a petition with the court;
- the court will accept evidence from both spouses and hear both sides;
- the court will take into account the arguments of witnesses on both sides and make a decision;
- the judicial authority will make a final decision on divorce within 16 days from the date of consideration of the case.
The judge may offer both parties a reconciliation period of 1 to 3 years, and only after this period can the divorce proceedings be completed. After a marriage ends, a woman usually reverts to her maiden name. Only if the judge approves can she keep her ex-husband's last name after the divorce.
Almost a year after the breakup of the family, the woman cannot remarry. A new marriage within the next 300 days after the divorce is possible only if the judge approves it. The court may rule that a future marriage cannot take place in the next period, regardless of the reason.
