In the International Private and Procedure Law of Turkey, a provision is made about the law that applies to divorce and its effects, if both parties are not Turkish nationals or if their habitual residence is not in Turkey:
(1) The grounds for divorce and separation and effects of them, are subject to the joint national law of the spouses. In case the spouses are of different nationalities, the law of their joint habitual residence, in case that is absent Turkish law is applied.
(2) The provision of the first paragraph is applied for alimony claims between divorced spouses. This provision is also valid in cases of separation and annulment of marriage.
(3) Custody in divorce and problems related to custody are also subject to the provision of the first paragraph.
(4) Turkish law is applied for claims of temporary measures.
It can be understood from this provision that firstly, it should be determined whether the parties have a joint national law which applies. As an example, if one party of the couple has both a British and Turkish nationality, and the other party has a British nationality, then UK Law is applicable. If each party in the couple has a different nationality, then the law of the country of their joint habitual residence will apply. In all other cases, it is Turkish Family law that applies .
What reasons can be claimed for a divorce under Turkish Family Law and how is a divorce obtained in Turkey?
In the Turkish Civil Code several provisions are made about the acceptable reasons for divorce. Acceptable reasons are divided into two categories: main grounds and special grounds.
The Special Grounds for divorce in Turkey are:
- Adultery
- Deliberate attempt to kill, maltreatment or severe humiliation of the other spouse
- Committing a crime and unreasonable behaviour towards the other spouse
- Desertion of the common domicile
- Mental disease
- Irretrievable breakdown of marriage
General grounds for divorce in Turkey are:
- Incompatibility
- Coming to a mutual agreement on divorce
- Living apart for three (3) years after an application for dissolution of the marriage has been denied by the courts.
It is important to note that the most common reason for divorce in Turkey is irretrievable breakdown of marriage. The disagreement between the two spouses must be serious and they must not want to stay or live together anymore. If the court accepts the claimed reasons for divorce and decides to grant the divorce, the decision is finalised and made absolute after the appeals process, and the couples can then obtain the Turkish divorce certificate.
What are the consequences of divorce in Turkish Law?
The consequences of a divorce under Turkish Law are:
- Compensation for material and non-material damages for the plaintiff
- Alimony claims
- Custody of children
All the consequences of divorce and the claims for compensation and alimony are evaluated according to each situation separately, given that there are many factors that can affect the decision. Therefore, it is important to have a Turkish lawyer with extensive knowledge of Turkish Family Law to represent you. UT Legal is a Turkish Law firm in London and Turkey and can assist you in a divorce case in Turkey.
If you need any advice regarding Turkish Family Law, please contact us for all your enquiries.