Thank you so much for hosting me; your office is like a flower garden, and you are all lovely. How are you?
Thank you very much for hosting me; your office is like a flower garden, and you are all very beautiful as well. How are you?
Hello, first of all, your visit has pleased me immensely. I am very glad that you like our office. Friends and clients who know me are aware of my interest in and love for flowers. I try to take care of each flower whenever I can find the time from my intense work schedule. I hope you are well too.
How did you meet? Can you tell us about the EREN & GONCE Law and Consultancy Firm that you founded? How did you decide to open your own law firm? In which areas of law does your firm provide services?
My partner, Attorney Aylin Esra EREN, and I met while we were pursuing our education at Kadir Has University Faculty of Law, and our friendship has continued since 2009. From the very beginning of our profession, we always had a dream of establishing our own law firm. We founded our EREN & GONCE Law and Consultancy Firm in 2019, at the right time and in the best place for both of us.
We gained experience in solving many legal problems by working for many years at leading local and international law firms and companies in Turkey. I worked as a trainee lawyer in the legal consultancy department within Marsh & McLennan. After receiving my law license in 2016, I have spent a long time practicing Maritime Law, Corporate Law, Labor Law, Family Law, Real Estate Law, Enforcement and Bankruptcy Law, Insurance and Compensation Law, Intellectual and Industrial Property Law, Inheritance Law, and Criminal Law. We act as party representatives in the resolution of disputes through litigation. We provide consultancy services to local and foreign clients within the scope of Turkish Law and international law regarding the resolution of legal disputes concerning work and traffic accidents.
I regularly publish legal articles on websites such as Ajans Trakya Haber, Bebeko, Yahube, Detail Haber, Adalet Medya, Haber24Bugün, Europe World TR, Trakya Haber, Saray TV, Bugün Gazetesi, Ses Magazin, Antalyadan Haber, Gastecin, Yeni Çağrı Gazetesi, Önce Vatan Gazetesi, Kadına Dair Gazete, Asyam Haber, Doğru Haberim, Şişli Son Dakika, JurnLaw, and Trakya Burada. At the same time, I publish legal information podcasts under the title EREN & GONCE TALKS on a podcast channel about all cases related to Family Law called Law Podcast. Together with my partner, Attorney Aylin Esra Eren, I prepare and present a program called “Law Map with Aylin and Gizem” on the Business Channel Türk TV channel. I prepare and host a program called “About Law with Attorney Gizem GONCE” on Saray TV. From time to time, I share my legal opinions in many newspapers, TV, and news channels. While I have completed my conciliator training at Bahçeşehir University and mediation training at Kadir Has University, I also hold a notary certificate. My Announcing Training at Başkent Communication Academy is ongoing. I graduated from the Kültür University Private Law Master's Program by completing my thesis on “Cases for the Dissolution of Partnership.” My studies for the doctoral program are continuing.
Our book titled “Special Grounds for Divorce,” which I co-authored with my partner, Attorney Aylin Esra Eren, was published by Platon Plus Publishing Inc. in February. Our book is currently on sale. I feel great excitement and happiness because of this.
You also wrote a joint book together. What did you talk about in the book? Will there be a sequel? Will we see other books with your signature?
We can say that it is a brief summary of what the actual problems are that couples who have decided to divorce or are considering divorce experience in their marital union and whether these problems constitute grounds for divorce. While writing our book titled “Special Grounds for Divorce” with Attorney Aylin Esra Eren, we tried to explain the subject in detail with legal provisions, Supreme Court decisions, opinions, charts, and sample lawsuit petitions. By adopting the relevant articles of the Turkish Civil Code as a basis, we presented the special grounds for divorce to the reader’s attention with translated expressions and a plain narrative. We tried to explain the subject better with Supreme Court General Assembly of Civil Chambers and relevant chamber decisions and to ensure it sticks in the reader's mind by giving striking examples. By adding sample lawsuit petitions, we prepared a guide for people who cannot receive legal services. We tried to make the special grounds for divorce more concrete and understandable by adding sample lawsuit petitions and Supreme Court decisions at the end of each topic explanation. Of course, we are also preparing our new book with content consisting of frequently asked questions about Tenancy Law. It will be at the printing stage as soon as possible.
Socrates said, “Those who take risks that you dare not take live the life you want to live.” What is your perspective on risk in your business life? Are there situations where you encounter difficulties in your profession?
In the legal profession, in order to protect the interests of your client and to provide protection in all processes, it is necessary to foresee risks and prepare accordingly. In this regard, together with my partner, Attorney Aylin Esra EREN, we have made it our goal to draw a roadmap by meticulously thinking about and calculating everything down to the finest detail without skipping a single point. We try to carry out legal processes in a way that favors our clients. In this process, we also have precautions and interventions at every stage against risks that may arise. Because we love our profession, the difficulties we face never stop us. However, we strive to follow the process by changing our method.
As a lawyer and as a woman, what do you think about the violence and deaths of women in our country?
Beyond being a lawyer, this subject naturally saddens me as a woman. No form of violence can be accepted or normalized. Physical, economic, sexual, and psychological violence are types of violence that we frequently encounter in divorce cases recently. Regarding violence, Law No. 6284 is important in terms of taking precautions to some extent. We mostly try to obtain protection orders by requesting protection and restraining orders under Law No. 6284 for people who are subjected to violence or are under the threat of violence.
What should a woman who is subjected to violence, blackmail, or insults do? What path should she follow?
First of all, I recommend that they definitely go to the Chief Public Prosecutor's Offices in their region or to the nearest police station to file a complaint. Giving their statement with a lawyer is important in terms of knowing their legal rights. They also have the right to request protection and restraining orders. It is necessary for them to present all their evidence to the complaint file for the trial to proceed quickly.
In our country, within the scope of Law No. 6284 on the Protection of Family and Prevention of Violence Against Women; rules are regulated regarding the measures to be taken to protect women, children, family members, and victims of one-sided persistent stalking who are subjected to violence or are under the threat of violence, and to prevent violence against these individuals. Within the scope of this Law;
*You can request to go to a shelter.
*You can request temporary protection.
*You can ask for the perpetrator of violence to move away from the house and prevent them from approaching you.
*You can prevent the perpetrator of violence from disturbing you by phone/mail/social media/or other means.
*If your life safety is threatened; you can request that your identity/address/and all other information be hidden from official records or changed.
*If you have a child and have not yet filed for divorce; you can request temporary custody of your child. You can request temporary alimony for yourself and your children.
*You can request a family residence annotation to be placed on the house you live in so that it is not sold.
*You can request to benefit from temporary financial aid and health services.
Phone numbers of institutions you can reach when you are exposed to violence:
Police 155
Gendarmerie 156
Ambulance 112
Social Support Line ALO 183
Bar Association Women's Rights Center 444 2 618
Domestic Violence Emergency Help Line 0212 656 96 96
Çağlayan Courthouse Women's Rights Center Violence Prevention Bureau 0212 240 04 11
Istanbul Bar Association Legal Aid Center 0212 251 90 40
ANYONE WHO HEARS, SEES, OR KNOWS ABOUT VIOLENCE IS OBLIGATED TO REPORT THIS SITUATION.
Violence can be physical, mental, sexual, economic, and verbal. It is mandatory to report all kinds of violence to official authorities or offices.
Ministry
Law Enforcement Officers
Public Prosecutor
Can request a protective measure even without a request for the person subjected to violence.
IT IS MANDATORY THAT THE NECESSARY MEASURES FOR YOUR SAFETY BE TAKEN AS SOON AS POSSIBLE WITHOUT PAYING ANY FEE.
Prosecutor's Office
Family Court
Police Station
Gendarmerie
Governorship, District Governorship
You can benefit from protection measures by applying to their institutions.
THINGS YOU SHOULD DO IMMEDIATELY WHEN YOU ARE SUBJECTED TO SEXUAL ASSAULT, SEXUAL HARASSMENT, OR VIOLENCE;
To ensure that evidence and signs do not disappear, it is necessary to apply to the nearest health institution without wasting time and request a Forensic Examination.
Since the clothes worn and items used on the day of the incident constitute evidence, they must absolutely not be cleaned or thrown away.
It is necessary to report the situation to the authorized authorities (Gendarmerie, Police, Prosecutor's Office) immediately after the incident occurs, before the evidence disappears.
All procedures performed within the scope of Law No. 6284 on the Protection of Family and Prevention of Violence Against Women are free of charge.
I think many women in Turkey do not know their rights; there are also women among us who know their rights but do not pursue them. What are women's rights in cases of divorce? I would like to inform all our women through you here.
First and foremost, deciding to divorce is a very important decision and is a process that must be managed healthily. In this process, the parties must definitely receive legal assistance and spouses must learn their rights arising from divorce separately. As a woman and a man, there is no distinction in terms of rights in our Turkish Civil Code. In the content of the book that I prepared together with my partner, Attorney Aylin Esra Eren, we tried to explain in detail, point by point, what they can request, especially in each special ground for divorce. These requests include pecuniary and non-pecuniary damages, alimony, custody, division of property, claims for gold jewelry, and alimony for the joint child. The parties who decide to divorce must definitely demand these requests from the court together with the lawsuit petition. Since each divorce case differs within itself due to the processes the parties experience in the marital union, the needs and demands in the lawsuit process also vary. However, when we look at the result, all rights clearly regulated in the Turkish Civil Code appear equally for both women and men. The most important point a woman should know about a divorce case is that faulty actions within the marital union are important when requesting pecuniary and non-pecuniary damages.
In divorces, according to what is child custody given to the mother or father?
The right of custody over children is exercised jointly by the mother and father. In the event that the mother or father passes away, custody belongs to the surviving parent. In cases of divorce, the right of custody is given to the parent to whom the joint child is delivered by court decision.
Whether the child is a girl or a boy does not matter when the court decides on the custody of the joint child. The most important point when granting the right of custody is the age of the joint child. Which parent the custody will be given to varies according to the age of the joint child. Besides this, factors such as financial means, personal characteristics, health status, and the child's preference are also taken into account in granting the right of custody.
It is accepted by the courts that children in the 0-3 age group are definitely in need of maternal care and affection. Therefore, the custody of children in this age group is mostly left to the mother. The mother's job, the amount she earns, her home, and her lifestyle are also matters that need to be examined carefully when making a custody decision.
Although children in the 3-7 age group are less in need of maternal care and affection than children in the 0-3 age group, this issue is still not ignored by the courts. For this reason, the situation of granting the custody of children in this age group to the father is considered an exception. For example, in cases where the mother is unable to take care of her child, the mother's health is poor, or the mother causes harm to the child's health, custody is given to the father.
Financial means play a greater role in determining custody for children in the 6-12 age group by the courts. Custody is given to the parent who will provide the child with a better education and future. In addition, the judge also consults the child's opinion by listening to the child through an expert pedagogue.
Children over the age of 12 are accepted as being in a state to express their own wishes easily by the courts. For this reason, the judge will decide on custody by asking the child which parent they want to stay with, and will decide according to the child's wish unless it is contrary to the child's best interests.
In an uncontested divorce, the agreement of the parties regarding custody is considered valid with the judge's permission. Since custody is related to public order, the judge will decide to whom the custody will be given according to the child's best interests.
The essential thing in granting custody is that the parent who will have the right of custody will not neglect the care and supervision of the child. For example, although one spouse violating the obligation of loyalty to their spouse by cheating is important for the divorce case, it will not have a direct effect on the decision of the right of custody.
After custody is decided, a request for custody can be made again because the situation has changed or the child's age has increased. Likewise, if the parent to whom custody was given is not taking care of the child as they should or cannot do so, or if there are other negative situations regarding them that will affect custody, a new lawsuit is filed for the change or removal of custody to make a custody request.