In case of a divorce you will need a court decision to notify it at the Civil Registry in Turkey.
FAMILY LAW IN TURKEY
If the spouses divorce in another country and obtain a court decision of divorce there, the divorce shall not be recognized in Turkey. There must be a recognition case before the courts for foreign divorce cases.
People must give a special power of attorney in case of the divorce procedures in Turkey.
Divorce in Turkey
There are only two types of divorce in Turkey:
1. Uncontested Divorce. When both members of a couple agree to divorce, filing for an uncontested divorce can save time and money. The marriage must have lasted for at least one year
2. Divorce without consent. In this case, one of the couple may file a divorce on special grounds such as:
Attempt on life, misbehaviour or indignity,
Delinquency or living a dishonourable life,
Incompatibility of the couples is the general ground for divorce in Turkey. For example unbearable jealousy of a spouse, forcing the wife to live with the family of the husband and etc.
In some cases the marriage will be deemed null if the essential elements of the marriage do not exist. For example, same-sex marriages, marriage without a registrar of marriage, etc.
In some cases the innocent party has the right to apply for damages as compensation where divorce proceedings are brought under circumstances that involve adultery, cohabitation with a third party, domestic violence, maltreatment, desertion or etc.
The judge may decide a certain amount called “alimony” for the spouse who has no fault in divorce for an indefinite period of time. It may be reduced, ceased or increased later by the Family Courts.
Division of property during divorce proceedings
In Turkish Civil Code the regime of participation in acquired property has come into effect in 01.01.2002. This is the ordinary property regime and applies to married couples who have not expressly accepted another type of regime. In this case, during the marriage the property of the spouses remains separate. On dissolution of the matrimonial property regime (in divorce, death or choosing any other marital property regime), the jointly acquired property is divided. Until the contrary is proved, all assets of a spouse are deemed to be acquired property. The spouses may specify to the contrary.
In Turkish law the couples may choose any other regimes by the prenuptial or postnuptial agreements such as separation or partnership of the assets.
According to this regime, the assets of the spouses can be divided into two categories: Acquired assets and personal assets.
In Turkish practice,the lawyers tend to file the matrimonial regime liquidation process with the divorce process simultaneously to prevent hiding the assets by the spouses.
When the couples file a divorce case and have children in common, the judges decide which parent should take the custody of the children and visitation issues. There are some factors influencing the decision. The major factor is the possibility of a parent to offer the child a better life, education and life. The judges generally offer the custody to the mothers because it is considered that mothers are more appropriate to take care of minors. The father can take the custody if the mother is not able to ensure a proper life for the child.
Upon the divorce, the other party who loses the custody has to contribute to the expenses of the children considering his/her financial conditions. This is called “child alimony”. The family court may revise the custody conditions if it is demanded.