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Turkey is a nation straddling eastern Europe and western Asia with cultural connections
to ancient Greek, Persian, Roman, Byzantine and Ottoman empires. After the first
Grand National Assembly under the leadership of Ataturk the new political and legal
system based on the principles of parliamentary democracy, human rights, national
sovereignty and division of powers, private ownership and secularism, and the
separation of religion and state affairs were created. A new civil and criminal codes were
adapted from European models. Turkish women received equal rights under the law,
which put Turkey ahead of many Western nations in terms of women's rights.
Marriage:
In most Muslim countries, a marriage has to be registered and there are penalties such
as light prison sentences and/or fines for failure to register the marriage. Turkey's law
require written marriage contracts and registration of marriage.
Marriage Requirements: In order to be legally married in Turkey, the following apply:
family law and anyone currently married may not be married in Turkey
Women who have been previously married may not remarry until 300 days
Civil Registration:
Civil registration is the system by which a government records the vital events of its
citizens and residents. The resulting repository or database is called civil register, and
the office responsible for receiving registrations is often called the registrar.
Preparing for marriage in Turkey:
Details on all documents required to marry are available from the registry office. Expect
the following documents to be required by both parties wishing to be married:
Passport/Identification: non-residents must show a passport with valid tourist
visa translated into Turkish by a certified notary in Turkey or by the Turkish
embassy or consulate in their country.
Full birth certificate: translated into Turkish by a certified notary in Turkey or the
Turkish embassy or consulate in their country.
Health certificate: issued following a medical examination at the State Medical
Institution specified by the chosen registry office. Blood tests are taken to check
for contagious diseases. Chest x-rays are sometimes required.
Photos: six passport-size photos.
Decree Absolute: if divorced.
Spouse's death certificate, previous marriage certificate: if widowed.
Deed Poll: if the birth name has been officially changed.
Adoption certificate: if adopted.
Letter of consent from a parent or guardian: if under 18 and judged fit to marry.
Accommodation document: foreign couples not resident in Turkey must
provide a letter of accommodation written by the hotel stating the duration of stay
and departure date..
The marrying couple complete a marriage declaration (Evlenme Beyannamesi). This is
a form provided by the registry office; two copies of this declaration to marry must be
completed in Turkish and signed by each person being married.
Pre-nuptial agreements (Esler Arasindaki Mal Rejimi):
If pre-nuptial agreements are to be put in place, consult a lawyer. The agreements can
be written after the application to marry has been made.
Marriage application procedure:
The bride and groom must apply in person the local registry office and submit
the Evlenm Beyannamesi (marriage declaration), Certificate of No Impediment/Affidavit
of Eligibility and the other documents mentioned above. If one of the couple is unable to
attend, a proxy may be sent, however the process to qualify is relatively complicated.
If the registry office is satisfied with the application, a district alderman (muhtar) certifies
the documents and the stamped and dated marriage declaration gives permission to
marry. This is valid for six months; the marriage can take place within 48 hours of this
licence being issued.
Witnesses to a Marriage:
According to Civil Code, Marriage laws and procedural laws for Muslims in Turkey do
not specify the religion or gender of witnesses for marriage; they just require two adult
witnesses.
Equal Rights and Responsibilities of Husband and Wife in Marriage:
In 2001 Turkey, which is a Muslim-majority country, amended its Civil Code which
regulates marriage. The new Civil Code has taken a new approach to the family and
womens role in the family, and under Article 41, the family is based on equality between
the spouses. The old legal approach, which assigned women a legislatively subordinate
position in the family, with rights and duties defined in respect to the husband, has been
abandoned in favour of an approach that defines the family as a union based on equal
partnership. This new approach is reflected in the language of the new Code. The terms
the wife and the husband are replaced by the spouses. The new approach to the
family is reflected in several other changes as well:
The husband is no longer the head of the family; spouses are equal
partners, jointly running the matrimonial union with equal decision-making
power).
Spouses have equal rights over the family residence, and deciding where
to live.
Spouses have equal rights over property acquired during the marriage.
Spouses have equal rights to enter into work.
Spouses have equal powers to represent the family.
Dowry:
A amount of property or money brought by a bride to her husband on their marriage.
Another definition:
In Turkey Under Article 186-237 of the Civil Code, a couple has the option of choosing
between three different property regimes upon marriage:
Separation of goods (each party owns the goods and property that are
registered in his/her name prior to and throughout the course of the
marriage).
Union of goods (all goods and property owned by each party prior to and
Under Article 170, where a couple has not specified a property regime applicable to
their marriage union, they are automatically considered to have accepted the separation
of goods property regime.
Divorce in Turkey:
A divorce in turkey can be started only if marriage was registered at the vital statistics
office. If a foreign citizen followed the registration procedure in order to obtain the
divorce, he has to go to the civil court from where he will receive a divorce decree. The
foreign cannot go to court in another jurisdiction in order to get the document for
divorce; this process must be completed with a civil court from turkey that will make the
judgment.
The judge may decide to offer to the two parties a period of reconciliation between one
and three years and only after that period, the divorce procedure may end. After the
divorce women usually goes back to her family name before the marriage. Only if the
judge approves he can keep the ex-husband name after the divorce.
Almost a year after the divorce, the women cant get married again. A new marriage in
the next 300 days after the divorce is possible if only judges approve it. In court, it can
be settled that a future marriage cannot take place in the next period no matter the
reason.
Grounds for divorce in turkey:
Spouses can divorce on terms of incompatibility understood as a case when the two
individuals no are also possible. The following represent the ground for divorce
accepted in a court in longer shares the same ideas and feelings. This is common
cause of divorce in turkey.
Adultery
Unreasonablebehavior
Maltreatmentandphysicalviolence
Ifonespouseshascommittedacrime
Desertion
Mentaldiseases
Incompatibility
Adultery:
In turkey adultery can be defined as voluntary sexual intercourse between one of the
spouses and the third party. Article no.161 of the Turkish civil law notes that if one of the
spouses commits adultery the other spouses will been titled to file a law suit for
dissolution of their marriage. The spouse has a period of 6 months after the discovery of
such reason and within 5 years of the following date the act of such adultery under any
circumstances. In case adultery repeated within a period of time, the last 1 will be
considered for the application process.
If the other spouse forgives the adultery, his/her right to file such law suit will expire.
Unreasonablebehavior:
The article 163 of Turkish civil law which defines it like if one of the spouses commits a
unreasonable behavior and other spouse can no longer be expected to continue to live
together with the faulty spouse.
The term unreasonable behavior is defined as the way of life disrespecting the morality,
dignity and honor or self-respect principle of the society.
Maltreatment or physical violence:
Article no.162 of Turkish civil law orders that if any of the spouses deliberately attempts
to kill the other maltreat the other or severely humiliate the other. The other spouses will
been titled to file a law suit for dissolution of their marriages. The first of these legal
grounds is defined as a malicious attempt of one of the spouses to kill other such legal
grounds shall be deemed to have been fulfilled. The second of these legal grounds is
maltreatment of one of the spouses by the other, which includes beating the other
spouse in a ruthless way, looking him/her in a room or leaving him/her hungry.
Desertion:
Article no. of 164 of Turkish law civil notes, if one of the spouses desert the other in
order to refrain from his/her matrimonial obligation or due to an unjustified reason and
fails to come back for minimum to 6 months and if the separation is still pending and if
the legal notes sent by the court to the deserter spouse upon an application by other,
spouses remains unanswered, the deserted spouses is entitled to a file a law suit for
divorce.
The term desertion defined as a termination of union of the spouses. Accordingly the
intent of the departing spouse has to be taken in to account whereas spouse leaving the
other spouse to serve mandatory service, time of imprisonment, for health care reason
based on sickness, purpose of business trip or for other similar reason shall not be
deemed as desertion since there is no intent to desert the spouse by other.
The deserted spouse is entitled to apply the court for serving of a legal notice on the
deserter spouse following as from the end of the fourth month, and therefore as from
the beginning of fifth month of the desertion. Furthermore, once such a legal notice is
served the deserted spouse shall not be able to file a divorce claim at the relevant court
for two months from the date of the such notice. The said legal notice will invite the
deserter spouses to come back within 2 months at the latest at notify the sanctions to
been forced if he/she fails to comply.
Mentaldisease:
The article of 165 of the Turkish civil law notes that if one of the spouses suffers a
mental disease, the marriage become intolerable to the other spouse due to such
disease, and the medical committee of the public hospital issues are port to confirm that
the said mental disease is incurable, other spouse will been titled to a file a law suit for
divorce. This does not meant that every mental disease will be considered a special
legal ground for divorce but only those such as schizophrenia or paranoia.
Incompatibility:
As uncommon as might seem, now a days incompatibility is becoming a frequent
reason for which most married couples are divorcing. Nevertheless, then the majority of
the couple start their intimate life before marriage, unlike how it is used to be years ago
and for this reason does not have to seem to solid bases to argue dissolution of
marriage, although it is anticipated.
Types of divorce:
In turkey there are two major types of divorce.
Consensual divorce.
The court can decide to award maintenance (for an indefinite period of time) on the
request of a spouse who will be in financial need as a result of the divorce. The court
will decide whether or not the party will be in financial need and will also consider the
party's financial position. However, the party requesting the maintenance must be less
at fault than the other party in order to receive maintenance.
Child maintenance:
Child maintenance is a necessary requirement for participating in the cost of a child's
education and care. The maintenance must be proportionate to the financial capabilities
of the parent who does not have custody of the child. The amount of child maintenance
must be determined by calculating the cost of the child's necessary expenses (for
example, food, clothing, holidays and transport).
The financial status of both parents must be considered, along with the needs of the
child, when calculating child maintenance. An equitable amount must be determined.
It is possible to bring an action to increase or decrease the amount of child
maintenance.
Child maintenance must be paid on a monthly basis and not as a lump sum payment.
Custody and guardianship of children in turkey:
The question of custody after divorce in turkey is one of the most important questions.
The term custody of child implies certain rights and duties of parents to provide the
safety, proper care and development of child.
The decision on child custody can only be made by the court of Turkish Republic.
Before making this decision, the judge must listen to both of the parents. The court
always considered the childs welfare to be the main priority and tries to meet the
interest of a child.
In order to decide which one of the parents the child should stay with, the judge takes
the following factors into account:
According to the UN Convention on the Rights of the Child and the European
Convention on the Exercise of Childrens Rights, which were adopted on the
temtory of Turkish Republic, every child who is able to freely express her/his thoughts
has the right to voice her/his opinion in the court. The judge must take the views of the
child into account.
The court must take the decision objectively and impartially. In practice there are some
cases where the parent even gives the court pictures of the house where the child will
live.
According to the Civil Court of Turkey:
Article 335: Every child who has not attained the age of 18 needs guardianship.
Custody shall not be taken from the parents unless there is a legal reason.
Article 336: When the parents are married, the custody of child must be carried out
jointly by both of them.
Article 337: If parents are not married, custody belongs to the mother. But the judge will
entrusts the custody of the child to father in the cases where the mother is minor,
disabled or dead or the custody is taken from her.
According to the law of Turkish Republic, the fact that the childs mother is not Muslim
and original Turk does not prevent normal physical, mental and personal development
of child. Therefore, nationality and religion the childs mother cannot affect the decision
of the court. The court cannot award the guardianship to anyone else but the father or
the mother of the child.
In the case of uncontested divorce the childs mother voluntarily agreed to give the
rights of custody to the father, she will not be able to request the restoration
guardianship rights again.
The children of the deceased are the primary inheritors and they have all equal
surviving spouse.
If the deceased leaves no surviving heirs, the estate becomes the property of the
State.