Divorce Lawyer in Ankara

What are the requirements for an uncontested divorce?

Uncontested divorce is governed by the Turkish Civil Code (TMK) Art. 166(3). To divorce by this route, all of the following conditions must be met:

• The marriage has lasted at least one year
• The spouses apply to the court jointly, or one spouse accepts the case filed by the other
• The judge, having heard the parties in person, is satisfied that they have expressed their will freely
• The judge finds the arrangements on the financial consequences of the divorce and on the situation of the children appropriate

What does an uncontested divorce protocol include?

The protocol is the core document of an uncontested divorce. Setting out the provisions on custody, contact with the child, child support and post-divorce maintenance, pecuniary and non-pecuniary compensation and the division of assets in a clear and enforceable way prevents new disputes from arising later.

How does a contested divorce case proceed?

If the spouses cannot agree on the divorce or its consequences, the case proceeds as a contested divorce. The general ground for divorce is the irretrievable breakdown of the marriage (TMK Art. 166); adultery, attempt on life and degrading treatment, commission of a crime and leading a dishonourable life, desertion, and mental illness are the specific grounds for divorce.

The case consists of the exchange of written pleadings, a preliminary examination, the evidentiary stage in which witnesses and documents are examined, and oral proceedings. How long the process takes depends on the scope of the case file and the court’s workload.

What is considered in a custody decision in a divorce?

The decisive criterion in custody arrangements is the best interests of the child. The child’s age, care and education needs, the parents’ living conditions and their relationship with the child are assessed together; the views of a child who has reached the age of discernment may also be heard.

The court’s decision also sets out contact (visitation) rights between the child and the parent who is not awarded custody. If circumstances change, a change of custody or a new arrangement of contact rights may be requested.

What types of maintenance are there in a divorce?

In family law, maintenance falls into four categories according to its purpose:

• Interim maintenance: awarded for the spouse and children while the case is pending
• Post-divorce maintenance: for a spouse who would fall into poverty because of the divorce (TMK Art. 175)
• Child support: a contribution to the child’s care and education expenses (TMK Art. 182)
• Family support maintenance: for descendants, ascendants and siblings who would otherwise fall into poverty (TMK Art. 364)

Division of property in a divorce: how is the matrimonial property regime liquidated?

For assets acquired after 1 January 2002, the statutory matrimonial property regime is participation in acquired property. Under this regime, the spouses have a participation claim over assets acquired during the marriage; personal assets are not subject to division.

Liquidation of the matrimonial property regime is conducted separately from the divorce case, and the divorce decision must first become final. During this process, the acquisition dates and sources of assets such as real estate, vehicles, bank accounts and company shares are established with documents.

Which court hears a divorce case in Ankara?

Divorce cases are heard by the family courts. The competent court is the court of the place of residence of either spouse or of the place where the spouses lived together for the last six months before the case was filed (TMK Art. 168). If one of the spouses lives in Ankara, the case may be filed with the Ankara family courts.

If the spouses live in different cities, the choice of court should be assessed with a view to attendance at hearings and the hearing of witnesses.

What protective measures are available against domestic violence?

Under Law No. 6284 on the Protection of the Family and Prevention of Violence against Women, protective and preventive measures may be ordered for persons who have suffered violence or are at risk of violence. Removing the perpetrator from the home and ordering them not to approach the victim are examples of these measures.