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Family Law Advisory

Advisory covering every stage of family life, from marriage to its dissolution, under the Turkish Civil Code No. 4721.

Last updated: · Prepared by: Av. Barış Kaymaz

Family law governs the formation, conduct and dissolution of marriage, along with related matters such as alimony, custody, matrimonial property and parentage, primarily under the Turkish Civil Code No. 4721.

Because family law disputes arise during emotionally and financially sensitive periods, both the legal and human dimensions of the process deserve careful attention, particularly in uncontested and contested divorce proceedings.

Divorce: Uncontested and Contested

Grounds for divorce under Articles 161-166 of the TMK include adultery, attempted murder, severe or humiliating mistreatment, crime and dishonourable living, desertion, mental illness, and irretrievable breakdown of the marriage. An uncontested divorce requires at least one year of marriage and a protocol addressing financial consequences and children, approved by the judge after hearing the spouses, while a contested divorce is decided through evidence and witness testimony, with fault directly affecting alimony and compensation amounts.

Types of Alimony

Interim (tedbir) alimony covers the family's living expenses during divorce proceedings, poverty (yoksulluk) alimony may be awarded indefinitely to the spouse who would otherwise fall into poverty, and child support (iştirak) alimony requires the non-custodial parent to contribute to the child's care and education costs. Amounts are set according to the parties' social and financial circumstances and needs, and may later be increased or decreased if the paying party's income changes significantly.

Custody and Personal Contact with the Child

Custody arrangements are based on the best interests of the child, taking into account the child's age, health, educational needs and the environment each parent can provide. Personal contact with the non-custodial parent is important for maintaining the child's bond with both parents, and custody may later be modified where the child's welfare requires it, such as when a parent relocates.

Matrimonial Property Regime and Division

The default matrimonial property regime in Turkey is participation in acquired property, though spouses may instead choose separation of property, participation-based separation, or community of property by notarised agreement. Under the default regime, property acquired during the marriage is generally shared equally upon divorce while personal property is excluded, and the liquidation of the regime may be pursued as a separate claim, though in practice it is usually handled alongside or after the divorce case.

Parentage and Adoption

Parentage may be established through acknowledgment, a paternity action, or adoption. A paternity action can be filed before or after the child's birth and DNA testing is commonly used to establish parentage, while adoption requires meeting the age, health and social-assessment requirements set out in the TMK and obtaining a court decision.

Services in This Area

  • Handling uncontested and contested divorce proceedings
  • Drafting uncontested divorce protocols
  • Pursuing alimony and material and moral compensation claims
  • Handling custody and personal contact arrangements
  • Managing matrimonial property liquidation cases
  • Drafting matrimonial property agreements
  • Advising on parentage determination and adoption
  • Supporting protection order requests in domestic violence matters

Frequently Asked Questions

The marriage must have lasted at least one year, the spouses must jointly apply or one must accept the other's request, and they must agree on a protocol covering the financial consequences and, where relevant, arrangements for children. The judge reviews the protocol and personally hears both spouses to confirm free consent.