Divorce and marriage in Turkey - traditions and customs

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.

Deadlines for divorce

Divorce in Turkey is possible no earlier than one year after the wedding. If the desire to divorce is mutual, the spouses can discuss all the issues independently and file for divorce within 2 months. After divorce, a woman will be able to remarry only after 300 days. Previously, the law would not allow her. There is only one exception to this rule - pregnancy.

If at least one of the parties to the family union is against divorce, then it will not happen. You will have to wait several years and prove that there is no cohabitation. Moreover, all this must be scrupulously documented and be wary of surveillance, so as not to become guilty due to treason. Forced inducement to accept the religious denomination of one of the spouses can also serve as a reason for divorce.

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.

Legalization of marriage

Ideally, a marriage legalized in Turkey should be legalized in its homeland and vice versa.
But do you need this ideal? After all, if you escape with your child to your homeland, you are de jure unmarried there. In addition, the primary citizenship of the offspring of your country. Place a ban on its export and the chances that the child will remain with you increase. But, never again come to Turkey with a minor child to his father, no matter how sweet the tales from his big oriental chest are. Selection and purchase of package tours to resorts

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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Cost and duration of the process

Along with the application to the court, a receipt for payment of the divorce fee is provided, the amount of which in Turkey in 2021 is 450 liras (about 4050 rubles)

The main cost item is the services of a lawyer. For 2021 in Turkey, their minimum payment remains:

by mutual agreement - from 4080 liras (about 37 thousand rubles);
controversial - from 12,000 liras (about 96 thousand rubles).

The final cost depends on the complexity of the case and the fees of the law firm.

After submitting your application, it may take one to three months for the process to open. This is due to the high level of vessel congestion. The length of the process itself also depends on the type of divorce.

With a mutual decision, 1, or less often 2-3, meetings may be needed, provided that both spouses appear in person and verbally confirm the conditions specified in the protocol. It often happens that one of the parties does not give consent during a meeting. Then the termination of the marriage is refused, and the case is sent for review.

In a controversial situation, the process can take years. This is due to the fact that such a divorce is considered valid if both parties come to a common decision on its consequences. There are cases where Turkish women do not give consent for years to the procedure for calculating alimony or dividing property.

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.

Valid reasons for divorce

Turkish legislation stipulates the reasons that are considered valid for initiating divorce proceedings:

Engaging in sexual relations with another person who is not your spouse. The statute of limitations for treason is 5 years.
Attempted murder or serious injury.
Inappropriate treatment (beating, prohibition of free movement, deliberate creation of conditions that do not allow a normal life).
Causing moral harm (threatening statements, humiliation and insult).
Living separately for a period of more than 6 months. Exceptions: military service, serving a sentence in prison, long-term treatment or business trip.
Convicting a husband or wife of a crime.
Unworthy behavior that discredits both spouses (use of alcohol and illegal substances, gambling, criminal lifestyle).
Recognition of a wife or husband as incompetent.

If the court refused to divorce the couple, but they continued to live separately for three years or more, then such marriage is dissolved without specifying other reasons.

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.

When starting a family, newlyweds rarely think about the possible negative consequences that may arise in their future family life. About half of all marriages, for various reasons, are dissolved within the first three years. If during this period the spouses have not had a child, joint real estate has not been acquired, or the parties have not registered a common business, a divorce in Turkey will not take much time. However, if the circumstances listed above are present, it will be much more difficult to officially end the marriage. In such cases, the most pressing question is: is divorce possible by mutual consent if there is a child , jointly acquired property, or in cases where spouses live in different countries? In this article we will try to consider all options and provide answers to the most pressing questions related to the practice of family law in the Turkish state.

CONCEPT AND TYPES OF DIVORCE IN TURKEY

1. Concept of Divorce in Turkey

From a legal point of view, divorce in Turkey is the formal termination of an official marriage between living spouses. In other words, when there is no other way to resolve the marital conflict, the last radical way remains is to file an application and begin the divorce process. If in a traditional marriage, divorce is understood as a break in relations in legal, economic, psychological terms, which entails a reorganization of the lives of both spouses, then modern forms of family relations suggest that even after their termination, the psychological aspects of the consequences of separation not only remain, but also become first plan. Therefore, in Turkey, the institution of assigning moral compensation in the interests of a spouse who has suffered moral damage due to divorce is evolving every year.

Why is consent to divorce so necessary and isn’t this condition enslaving for the parties to the marriage?

Some married couples, not sharing the existing legal norm in Turkey, are surprised at the need and meaning of obtaining the consent of the opposite party for divorce. It seems outrageous to them that due to inconsistency in actions, both are wasting time going to court to dissolve an unsuccessful union. Usually, couples end up divorcing anyway, even if one of the spouses disagrees, and then the meaning of the complex conditions that delay the entire process is unclear.

This is explained by an ingrained system that has not yet outlived its usefulness. The entire justice system is based on the roots of secular legislation of Roman law and the institution of the family in modern society, which by all means try to strengthen and preserve the family. In secular states, the court has always had, and to this day, the task of protecting and preserving the marriage union. The modern concept of states has not changed its approach to this issue. Courts and states are still fighting to ensure that as few marriages as possible end in divorce; legislators in some countries provide spouses with the opportunity to reconsider the decision to divorce, even to the point of agreeing to compromise on same-sex marriage.

On our TELEGRAM channel you can always keep abreast of news, new articles, stories from the judicial practice of foreigners and various changes in the laws of Turkey. Subscribe and follow useful publications.

In the practice of Turkish courts, you can often find a court decision when, without a petition from one of the parties, the court gives a period during which the spouses must reconcile and, if after the end of the reconciliation period the spouses have not reconciled (usually up to three years), the spouses are considered divorced.

2.Types of Divorce in Turkey

The grounds for divorce provided for in Articles 161-166 of the Turkish Civil Code are:

infidelity (sexual relations with a person of the opposite sex who is not a spouse);
attempt on the life of one of the spouses;
bad treatment (beatings, restriction of freedom of movement, deprivation of livelihood);
behavior that discredits the honor of the spouse (insult, humiliation);
commission of a crime or shameful lifestyle of one of the spouses;
separation upon termination of the spouses' family relationship (termination of cohabitation for a period of more than six months, except in cases of military service, stay in correctional institutions, absence due to illness, long business trips and other valid reasons);
psychological illness of one of the spouses;
actual family breakdown;
divorce by mutual consent of the spouses;
separation of spouses for three years after the court’s refusal to divorce.

Of the above reasons for divorce, according to the law of the Turkish Civil Code two types of divorce are applied in the country

Divorce based on the claims of the parties;
Divorce by mutual consent of the spouses.

After dividing into certain types and listing the reasons for divorce, we will focus on the topic of divorce in Turkey by mutual consent of the spouses .

Divorce by mutual consent is a decision made by spouses as a result of certain life situations that led to the impossibility of further cohabitation. Divorce of spouses in Turkey can be accompanied by long litigation, proceedings, disputes, mutual accusations, or it can take place in an absolutely calm atmosphere without unnecessary quarrels and taking out “dirty laundry” from home. Spouses who want to carry out the divorce process quickly and peacefully need: a joint decision and mutual consent to divorce. But first, we advise, in any case, to consult with divorce lawyers in Turkey.

3. Dissolution of Marriage or Divorce in the Civil Registry Office of Turkey

In the countries of the former union, dissolution of the marriage in the registry office is considered the easiest and simplest way to obtain a divorce. According to the rule, in order for the application to be accepted and considered, in addition to the mutual consent of the parties, there must be no joint children under eighteen years of age. A family with a child authorizes its divorce exclusively in court. But what is the situation like in Turkey and is it possible to get a divorce in the registry office under Turkish law?

According to legal norms in Turkey, divorce in the registry office is not valid. That is, if a foreign state provides the opportunity for divorce in the registry office to Turkish citizens, this decision on divorce can only have legal force in the state that issued this decision on divorce. Therefore, it makes sense to obtain such a decision only if both a Turkish citizen and a foreigner are permanently residing outside Turkey. However, if one of the parties intends to continue their life in Turkey, or intends to remarry or marry a Turkish citizen, or obtain a document on marital status (divorced), in this case the divorced spouses will have to legalize the decision of a foreign court in Turkey. And at this point, the stumbling block comes into force in the Turkish private law law. According to Turkish Law No. 5718 “On International Private Law and International Civil Procedure” where in paragraph B of Art. 54 states that “any judicial decision of a foreign state must not be contrary to the public policy of Turkey.” As a result, a decision on divorce received in a registry office of a foreign country cannot be legalized in Turkey. Consequently, in Turkey, at the legislative level, it is impossible to obtain a divorce in the registry office and it is impossible to legalize divorce decisions of a foreign state in Turkey.

CONDITIONS FOR INITIATING DIVORCE BY MUTUAL CONSENT IN COURT (Turkish Civil Code Art. 166/3)

1. Concluded Legal Marriage.

To submit documents to the court, you must provide a document confirming your marriage. Spouses married in a foreign country are required to legalize their marriage in Turkey. To do this, you need to submit documents to the consular department of the Turkish Embassy or, upon arrival in Turkey, immediately submit documents to the civil registry office at the place of registration of one of the spouses (“Evlendirme Dairesi”).

2. Marriage Relationship Lasting At Least 1 Year.

It is possible to submit documents for consideration to a Turkish court if the marriage relationship lasts for at least one year. Marriage refers to the moment of official marriage. The duration of residence of the parties in an engagement, open relationship, or Shariah (Islamic law) marriage cannot be included in the one-year period. Therefore, it is important for spouses to correctly indicate the date of marriage during the legalization of marriage in Turkey.

At the same time, we should not forget that cases of divorce lasting less than one year can be initiated as controversial and, after listening to the testimony of witnesses, completed through divorce by mutual desire.

3. Capacity of Spouses and Respect for the Interests of Children

The parties must have legal capacity when filing a claim in court and during the court hearing. It must be taken into account that this provision of law does not affect persons who have limited legal capacity. To dissolve a marriage with an incompetent person, the court must be provided with a copy of the relevant court decision on legal capacity, which gives one of the parties to the process the opportunity to exercise his right in court. The court may declare a citizen incompetent if, due to a mental disorder, he is either unable to understand the meaning of his own actions or to manage them.

Before filing for divorce, it is worth considering how this decision will affect the children together. From now on, all actions to resolve the situation should be aimed at minimizing the psychological trauma caused to the child by the breakdown of the family. Particular attention should be paid to the child's health. If the child requires constant care and the mother is unable to care for the child independently, the application for divorce by mutual consent may be rejected.

4. The parties to the process must declare their desire to divorce before the judge in person.

The most important difference between a mutual will divorce and a grievance divorce process is the requirement for a face-to-face meeting with a judge. If during a divorce, based on the claims of the parties, the entire process from filing a claim to making a court decision can be conducted through a power of attorney issued to a lawyer, then in case of a divorce by mutual consent, both spouses must be personally present in the Turkish court at face-to-face meetings with the judge, where they must declare about your desire to get a divorce. The law introduced this condition so that the parties could freely express their will before the judge without any pressure[1]. If the judge notices pressure, or elements of even slight pressure, on one of the parties to the process, he will be forced to reject the claim for divorce. Consequently, in divorce proceedings by mutual consent of the spouses, a lawyer, on the basis of a power of attorney, cannot replace the providing party and convey the will of the divorcing party.

5. Signing the Protocol of Intent

Along with the claim or after filing the claim in court, but before making a decision, a letter of intent signed by the parties[2] is required to be submitted to the case, which must clearly, in detail and without ambiguity describe the financial consequences of the divorce and the right to custody of the child.

The parties must come to a general agreement and describe in detail the provisions of material and moral compensation, the amount of alimony for children and wife, the right of custody of children and the rules of personal relations with the child.

Some spouses may have a common business or be members, or one of the spouses is a member, of a registered company in Turkey . In this case, the protocol of intent should also take into account the fate of the company's share. If the judge deems it necessary, he may make a change to the record of intent. However, if the changes made by the judge are not accepted by at least one of the parties to the proceeding, the divorce by mutual consent may turn into a divorce proceeding based on a claim.

DOCUMENTS REQUIRED FOR DIVORCE IN TURKEY

Along with the claim to the court, it is necessary to prepare and submit a package of documents, without which the case may drag on for a longer period. There have been cases when a spouse flew to Turkey on the day of the hearing with thoughts of getting a divorce, but before the hearing, after reading the protocol where the spouse’s rights were violated or in case of untimely provision of an interpreter, the judge had to postpone the hearing for two months. Therefore, before the meeting, it is better to prepare all the documents again and sign the protocol of intent.

A document confirming the marriage (marriage certificate), identity card of the parties, a document confirming the presence of common children (birth certificate(s);
Power of attorney issued to a lawyer;
Statement of claim for divorce by mutual consent in two copies;
If the foreigner does not speak Turkish well enough, prepare and enter information about the sworn translator into the statement of claim;
A receipt confirming payment of court costs and state fees;
A signed protocol of intent on the agreement of the spouses (division of property, raising children, days and hours of the child’s meeting with the second spouse, amount of alimony, etc.).

Below you can see what a sample claim to a Turkish court for divorce by mutual consent looks like. However, we must immediately make a reservation that this is just a sample for general information, which we do not recommend using in court proceedings without the advice or supervision of a lawyer. (to view the document, click on it)

For those who want to see what the Protocol of Intent looks like, filed along with the claim, they can study the following document. I repeat, this sample is not a standard form; anyone can draw up a protocol of intent as they see fit. We recommend that you obtain the advice of a lawyer.

DURATION OF DIVORCE PROCEEDINGS IN TURKISH COURT

Most of the questions asked to our lawyers are related to the timing of the divorce process, and also those who apply are interested in the difference between the divorce process of foreign citizens and the same process, the parties to which are Turkish citizens.

The divorce process in a Turkish court lasts depending on the workload of the judge, and may depend on the region in which the case is being heard. It happens that the appointment of a meeting in Trabzon may be in a month, and in Ankara in two months. Therefore, there is no standard deadline. However, if the entire package of documents is collected and the claim is correctly drawn up with a protocol of intent, a decision on divorce can be obtained after the first meeting.

The divorce procedure for foreign citizens is no different from the usual procedure for citizens of the Republic of Turkey.

ON JURISDICTION AND JURISDICTION OF FAMILY DISPUTES IN TURKEY

Firstly, when dissolving a marriage through the court, spouses are treated as participants in civil proceedings. The person who filed the application is the plaintiff, and the second spouse is the defendant.

Secondly, in a procedural sense, it is important to which court the application should be filed in a particular family dispute. This circumstance is important primarily for saving time. Therefore, the correct determination of the jurisdiction and jurisdiction of divorce cases is important, since failure to comply with these rules entails many negative consequences. As a result of violations of the rules of jurisdiction at the stage of initiating proceedings, according to the rules of civil procedural legislation of Turkey, the return of the statement of claim is possible.

Family issues in Turkey are considered only in a specialized court - the Family Court (Aile Mahkemesi) of Turkey. Claims are filed at the common place of residence of the parties or at the place of residence of the defendant. The exception here is cases where claims can be filed at the choice of the plaintiff and at his place of residence. Such cases include cases of collection of alimony and establishment, as well as cases of divorce, if the plaintiff has a minor with him or, for health reasons, it is difficult for the plaintiff to travel to the defendant’s place of residence. Again, according to Art. 14 of the Law of the Republic of Turkey No. 5718 of December 12, 2007 “On International Private and Procedural Law”, divorce, separation of spouses, claims for compensation and alimony, child custody and related issues are subject to the law of the country of citizenship of both spouses. If the spouses are citizens of different countries, then the divorce is subject to the country of common residence of the spouses; if the spouses live in different countries, then to Turkish law.

COMPLETION OF THE PROCESS

The court makes a decision on divorce if it is established that the application for divorce corresponds to the actual will of the spouses and after the divorce their personal and property rights, as well as the rights of their children, will not be violated.

The marriage is considered terminated from the moment the relevant court decision taken by the Turkish court comes into force. The dissolution of a marriage results in the termination of marital responsibilities. Thus, according to the protocol of intent and agreements reached between the spouses, the court decision will indicate such aspects as which parent the minor children will live with, determining the procedure for paying funds for the maintenance of children and, if there is a needy disabled spouse, the amount of alimony and a detailed rule for the division of common property of spouses.

The registration of divorce is sent to the registry office by the court without the request of the parties within one month. However, if registration of a court decision in the registry office is urgently required, a written application is submitted from the spouses or one of them to present to the registry office a copy of the court decision (extract from the court decision) on divorce that has entered into force, and together with the documents this court decision is submitted to the registry office. Registration of divorce is carried out at the place of residence of the spouses or one of them. If an application for divorce of one of the spouses is submitted to the civil registration department not at the place of residence, it can also be considered. The process of divorce by the court is terminated on the day the court decision on divorce comes into force.

CAN A MARRIAGE BY MUTUAL CONSENT IN TURKISH COURTS IF ALL PARTIES TO THE PROCESS (SPOUSES AND CHILDREN) ARE CITIZENS OF A FOREIGN STATE?

Yes, they can get a divorce. The truth is only in court, and not in the registry office. The question is different, according to what procedural norm? The fact is that in order for both foreign citizens to divorce in Turkey by mutual desire, the procedural conduct of the case must be conducted within the framework of the provisions of the legislation of the state of which the spouses are citizens. Let’s say, in a situation where both parties are citizens of Ukraine, the judge hearing the case, first of all, must introduce the relevant legislative acts of Ukraine into the case, and carry out the entire process of dissolving the parties’ marriage within the framework of the provisions of Ukrainian law. However, if the law of a foreign country does not provide for the provision of divorce by mutual consent of the parties or some provisions of the applicable legislation of Ukraine are contrary to the public interest of the Republic of Turkey, a decision is made to divorce the parties using the provisions of Turkish law. Whether the judge will be able to find and apply the required norm of Ukrainian law in our case depends on the ability of the judge and the lawyer representing the party in the process.

IS IT POSSIBLE FOR IN COMMON TO GET A DIVORCE IN TURKEY BY MUTUAL CONSENT?

At the beginning, it would be useful to define the term “common” children. Children born from both spouses are considered common. If the father of the children is considered step-children, then they cannot be called blood. An example would be a woman who gave birth to a child while married to another man. This child is not common. However, the adoption of a child gives the right to consider it common on the basis of recognition of the fact of paternity (adoption), which means that when drawing up a protocol of intent, this fact should be taken into account.

Minor children who are under 18 years of age cannot be ballast in a divorce by mutual consent of the spouses. A simplified procedure is possible provided that the provisions on children's rights are described in detail in the protocol of intent.

If the spouses have children who are not considered common (for example, one of the spouses already had a child) or adult, capable children, in this case it is not necessary to include a provision on the rights of children in the protocol of intent.

HOW CAN YOU GET A DIVORCE IF ONE OF THE SPOUSES IS IN PRISON?

In this case, it will also be possible to get a divorce - by mutual consent of the parties. However, in this case the procedure will be slightly different.

Firstly, along with a package of documents, the plaintiff should attach to the application for divorce a copy of the court decision or a copy of the sentence that has entered into legal force. Secondly, if one of the spouses is in prison and he manages to participate in court under escort, in this case the judge will be able to rule on divorce by mutual consent. In cases where it is not possible for a prisoner to participate in court, you will have to turn to the help of a representative of the spouse appointed by the judge. In this situation, the imprisoned spouse will have to sign a protocol of intent, respond in writing to the claim with consent for divorce, prepare two witnesses who will confirm the defendant’s bad attitude towards the spouse, and signed by a representative, it will be possible to obtain a decision on divorce at the first meeting.

HOW TO FILE FOR DIVORCE IF ONE OF THE SPOUSES DOES NOT AGREE OR DOES NOT APPEAR IN COURT?

Let's say one of the parties did not appear in court for a mutual divorce, what should the other party do? It does not matter whether the other party agrees to the divorce or does not agree, a person always has the right to independently initiate the divorce process in Turkey. In such a situation, you should enlist the support of experienced lawyers. In this situation, a lawyer will help you fairly divide property, achieve determination of the child’s place of residence, will not allow the spouse to hide income and will try to find it, prepare all the necessary documents and develop a powerful evidence base. Eurasia specialists will negotiate with your opponent and help you avoid negative consequences for you, protecting you from emotional blackmail, aggression and threats.

In a situation where one of the spouses refused to participate in the process by mutual consent, the initiated process will continue according to the rules of the divorce procedure based on the claims of the parties. It may be more advisable to draw up a new claim that will best suit your interests. You will have to divide the property - you can present your claims in a divorce petition or we will help you file a separate claim. You may have to reconsider your strategy, where our lawyers will analyze your specific situation and recommend the optimal scheme for you.

If you are looking for a competent family law lawyer, you can contact our office. We would like to point out that resolving family disputes is a priority for our lawyers. Family law lawyers from the Eurasia Law Office in Turkey will consult and help you determine the jurisdiction of your specific case. We especially emphasize that our company’s lawyers approach each situation individually and our specialists will be able to give a correct assessment of the situation.

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[1] Decision of the Supreme Court of Turkey: Davacı erkek tarafından açılan davanın yapılan yargılaması sonucunda 11/30/2015 tarihinde tarafların Türk Medeni Kanunu'nun 166/3. Maddesi uyarınca anlaşmalı olarak boşanmalarına karar verilmiş, mahkemenin gerekçeli kararı, aradan iki yılı aşkın bir süre geçtikten sonra tebliğe çıkartılmış, 03/13/2018 tarihinde davalı kadına tebliğ edilmes iüzerine, davalı süresi içerisinde kararı temyiz etmiştir. Davalı temyiz dilekçesinde boşanmaktan vazgeçerek evlililiklerini devam ettirme kararı aldıklarını ileri sürmüştür. Kararın iki yıl gibi uzun bir süre geçtikten sonra tebliğe çıkarılması, tarafların evlilik birliğinin temelinden sarsıldığı olgusunun gerçekleşmediğini gösterdiği gibi bu durum ayr ıca, Türk Medeni Kanunu'nun 2. Maddesinde yer alan dürüstlük kuralına aykırı ve “Hakkın kötüye kullanılması” niteliğindedir. Türk Medeni Kanunu'nun 2/2. Maddesinde belirtildiği gibi bir hakkın açıkça kötüye kullanılmasını hukuk düzeni korumaz. Gerçekleşen bu durum karşısında, boşanma iradesinin samimi olmadığı anlaşıldığından, davanın reddine karar verilmek üzere hükmün bozulması gerekmiştir (Yargıtay 2. Hukuk Dairesi – Kar ar: 2018/14800).

[2] Decision of the Supreme Court of Turkey: Taraflar arasında görülen boşanma davasında verilen hüküm, davalı erkek tarafından temyiz edilmiş, Dairemizin 2016/21742-2018/2462 esas ve karar sayılı ilamıyla Mahke mece tarafların Türk Medeni Kanunu'nun 166/1. Maddesi uyarınca verilen boşanma kararı davalı tarafından temyiz ise de, temyiz incelemesinden önce Yargıtay'a hitaben yazılan 02/01/2018 havale tarihli dilekçeden tarafların boşanma, mali sonuçları ve or tak çocuğun durumu hususunda protokol düzenlendikleri anlaşılmış, bu protokol dikkate alınarak, tarafların bizzat beyanları alındıktan sonra sonucu uyarınca karar verilmek üzere hükmün bozulması gerekmiştir. Gerekçesi ile bozulmuş, mahkemece bozma ilamına uyulduğu halde, anlaşmalı boşanma protokоl dikkate alınarak tarafların bizzat beyanları alınmamıştır. Gerçekleşen bu durum karşısında mahkemece uyulan bozma ilamının gereği yerine getirilmemiştir. Öyleyse, mahkemece Türk Medeni Kanununun 166/3 maddesi ve bozma ilamı uyarınca anlaşmalı boşanmaya dair protokol uyarınca tarafların bizzat beyanlarının alınması gerekirken, taraf vekillerinin mazeretlerinin kabul ü ile davacı ve davalının bizzat beyanları alınmadan anlaşmalı boşanmaya karar verilmesi usul ve kanuna aykırı olup, bozmayı gerektirmiştir. SONUÇ: Temyiz edilen hükmün yukarıda gösterilen sebeple BOZULMASINA, temyiz peşin harcının istek halinde yatırana geri verilmesine, işbu kararın tebliğinden itibaren 15 years açık olmak üzere oybirliğiyle kararverildi. Yargıtay 2. Hukuk Dairesi Esas No:2018/5548, Karar No:2018/14612.

Divorce from a foreigner. Arbitrage practice

Article 160 of the RF IC contains the main provisions regulating the process of divorce from a foreigner.

The court cannot dissolve a marriage concluded between foreign citizens, stateless persons or a marriage union concluded between a foreigner and a stateless person.
A marriage cannot be dissolved at the request of a citizen of another country, despite the fact that the other party is a resident of Russia.
Divorce is allowed at the request of a Russian citizen if he does not live on the territory of the Russian Federation. In this case, the resident needs to contact the Russian consulate on the territory of a foreign state.
A divorced marriage is recognized as valid if it is dissolved in the territory of another country in compliance with the legal norms of that state.

Of course, divorce proceedings using the laws of another country sometimes pose a serious problem. Having decided to get a divorce abroad, our compatriots are faced with ignorance of national laws and local customs. The result is the inability to control the divorce process and the unpredictability of the court decision.

If you have decided to divorce, we are ready to provide advice and practical assistance. Our lawyers specialize in family, alimony, and inheritance law.

By contacting us, you will not only receive qualified advice on issues related to divorce, collection of alimony, division of property, and inheritance.
We will legally prepare the necessary documents and represent your interests in court. We will do everything to ensure that the divorce process, including with a Turkish citizen, proceeds as quickly as possible and takes into account your interests. Facebook

The stingy one comes out twice

Street agencies also use their tricks. For example, the most popular excursions - the city hammam and the Church of St. Nicholas - are usually offered at two different prices. Some excursion sellers do not focus on this, trying to sell the most expensive option. If you start haggling, please don’t hesitate to knock off 5-10 dollars, offering a second, cheaper option. The bottom line is that by paying a little more you get better terms. For example, a boat trip can cost 10 and 15 dollars. In the first case, there will be no animator or drinks will not be included in the price, or the ship will be more modest. In the second, tourists can expect a more interesting program, an expanded route, and a full lunch with drinks.

“We purchased several excursions from an agency on the way to the beach,” says Nina from St. Petersburg. “Everything would be fine, but at one of them, at the waterfalls, we were taken to four shopping centers - gold, fur, textile and wine. The prices there are huge, but it was impossible to stay on the bus; everyone was asked to go to the store. I’m so tired of this, I lost a lot of time, and I could have lain on the beach. Then the guy who sold us the tour explained: if we had taken the second option, a little more expensive, we would only have been taken to the textile center and wine tasting. And so the agency needs to “recoup” this money that we have underpaid, and this is interest on our purchases. One elderly woman spent a very long time choosing a jacket for her grandson, and, by the way, she chose it, and we all had to wait for it.”

Check all the conditions when purchasing excursion tours. They won’t lie to you, all the tricks are designed to “understate”, and a direct question usually results in an honest answer.

Article on the topic

Rest for three. How Türkiye welcomes returning Russian tourists

Greedy guides.

Once on the territory of Turkey, tourists usually immediately find themselves in the hands of representatives of the host country. Of course, among the tour operator’s employees there are honest people who do an excellent job. However, there are also those who want to profit from your “tourist illiteracy.”

The hotel guide - the person who will hold an informational meeting for you with a story about the country - should become your best friend and help resolve all issues. However, in most cases, these people reduce their functions to a minimum: they will say a few words about Turkey, leave their coordinates (not always) and spend the lion’s share of time “selling” excursions. “Medical insurance only applies to excursions that are purchased from an official tour operator,” the guide will assure you. “And you should buy them right today and right now, because only at the information meeting I can give you the maximum discount, as much as 5 dollars.”

Antalya Airport. Millions of tourists from different countries flock here to relax. Photo: AiF/ Nadezhda Uvarova

In fact, the insurance is valid throughout Turkey for the entire duration of your stay in the country. Of course, it does not apply to all health problems. For example, if a decent dose of alcohol is found in the blood of a vacationer, the case will not be considered insured and you will be forced to receive treatment at your own expense. Also, the insurance does not cover sunburn, chronic diseases, etc.

“I purchased an excursion trip to Israel from our guide,” says Svetlana, a vacationer from Ufa. “It was very disappointing: I, who paid $300, and dozens of compatriots who bought excursions from street agencies for $220-240, flew on the same plane. For me, the overpaid money represents a significant amount.”

Those who bought excursions from a guide - at exorbitant prices - in 90 percent of cases end up on the same buses or boats, visiting the same objects as those who bought it all on the street. However, if you have doubts about a street agency, look for another one that inspires confidence - with an office and Russian-speaking staff.

The guide spends an hour agitating newly arrived tourists to purchase excursions from him. Photo: AiF/ Nadezhda Uvarova

Discount from an informant

As one trader from Alanya jokes, Ramazan, “you work for a year to rest for two weeks, and I work with you for these two weeks so that I can rest for a year.” Trade has been and remains one of the main sources of income for Turks and the masses of visitors from the countries of the former CIS who pretend to be local and get jobs as sellers. It is worth bargaining here with confidence - the amount on the price tags is several times inflated. But many people believe in the so-called discount that hotel informants provide them with. The hotel recommends “its places” where its client can buy everything cheaper, since the seller is supposedly his partner.

“I bought sandals in a shopping center for $80,” complains a tourist from Novosibirsk, Natalya. — At the hotel we accidentally got into a conversation with a woman, she bought exactly the same ones at the market for 25. And I also showed a discount card from our informant. It was incredibly offensive, to the point of tears.”

People who, as a rule, have nothing to do with the hotel call themselves informants (and wear badges with the corresponding inscription). For example, the informant could be an administrator from a spa located near your hotel. Or the hammam massage therapist that is open in the hotel basement. His task is to drag you into this very hammam and earn as much as possible from you. Often, either informants, or tour operator guides, or some other people who have gained trust, always smiling and seem nice, offer you a discount on their own behalf. In order to get an “indirim” (discount in Turkish - editor’s note) of 20 percent, you supposedly need to present a hotel card, and the price of the product will decrease. This is true, but initially the cost is increased by this 20 percent, and often much more.

Busloads of tourists are taken to those shopping centers that share a share with travel agents. We reached it ourselves and received a 50 percent discount: we don’t have to share our purchases with anyone. Photo: AiF/ Nadezhda Uvarova

“We were walking around Alanya and accidentally wandered into a shopping center located some distance from the central streets,” recalls Sergei from Yekaterinburg. - We went into it. Consultants rushed to us asking, where are you from and from whom? We explained that we came on our own. The sellers said that we can safely divide all the price tags, and there were fixed prices, in half - this will be the price of the goods for us. My friends and I stocked up on high-quality T-shirts and towels really, really cheaply, for a ridiculous amount of money.”

In Turkey, a discount from a guide, informant, etc. is not a discount. The card data simply conveys information to whom the store should pay a percentage of your purchase.

One of the shopping centers where they bring you supposedly with discount cards from the guide. In any store, such a box of sweets will cost at least 2 times cheaper. Photo: AiF/ Nadezhda Uvarova

Legal system

The Constitution provides several measures to protect the institution of the family, which are implemented in accordance with statutory laws. The family is defined as the foundation of Turkish society, and the state takes the necessary precautions to preserve the peace and wealth of families in Turkey (Article No. 41 of the Constitution). Art. No. 10 of the Constitution is dedicated to the principle of equality between men and women. Art. No. 20 of the Constitution provides for the right to respect for family life, and no one may act in a manner that is contrary to the privacy of the family. Protection is provided by the provisions of the Civil Code (Law No. 4721), which are the main sources of law regarding marriage, termination of marital relations and the welfare of children.

Children

The Civil Code contains many provisions concerning children. For example:

cases related to paternity must be heard in the courts at the place of residence of one of the parties or at the place of residence of the spouses at the time of the birth of the child (Article No. 283 of the Civil Code);
Courts in the defendant's place of residence may hear child custody cases.

Maintenance of children after divorce

If there is a divorce between Turks in Turkey, the maintenance of the child must be proportionate to the financial capabilities of the parent who does not have custody of the child. The amount of child support must be determined by calculating the cost of necessary expenses (for example, food, clothing, recreation and transportation).

In a divorce under Turkish law, there is no standard template for calculating child support; it is based on the financial status of both parents, the needs and age of the offspring. In Turkey, filing a claim to increase or decrease the amount of alimony is allowed. The responsibility to care for the child remains for the mother and father until the child reaches the age of majority, that is, up to 18 years of age.