Welcome, Ms. Gizem, how are you?
Welcome Ms. Gizem, how are you?
Hello Ms. Yağmur, first of all, thank you very much for your kind invitation to this interview. I am very happy to be with you. I hope we have a useful conversation for everyone.
First of all, could you briefly introduce yourself?
After completing my high school education at Mustafa Elmas Arıcı Anatolian High School in Saray, Tekirdağ, I won a place at Kadir Has University Faculty of Law and completed my undergraduate studies there. I am currently pursuing my thesis studies in the field of Inheritance Law in the Private Law program at Kültür University. Additionally, I am continuing my undergraduate education at the Department of Sociology of Istanbul University AUZEF.
I have gained experience in resolving many legal problems by working for many years in Turkey's leading domestic and international law firms and companies. I worked as a trainee lawyer in the legal consultancy department within Marsh & McLennan. After receiving my law license in 2016, I worked as a lawyer for a long time in various law firms operating in the fields of Maritime Law, Corporate Law, Labor Law, Family Law, and Enforcement and Bankruptcy Law. In 2019, together with my partner, Attorney Aylin Esra Eren, we established the Eren & Gonce Law Consultancy Office located in the Etiler region. My areas of expertise are; Maritime Law, Real Estate Law, Enforcement and Bankruptcy Law, Insurance and Compensation Law, Intellectual and Industrial Property Law, Inheritance Law, Family Law, and Criminal Law. I serve as a party representative in the resolution of disputes through litigation. I provide consultancy services to domestic and foreign clients within the scope of Turkish Law and international law for the resolution of legal disputes regarding compensation resulting from 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, and Gastecin. At the same time, I publish legal information podcasts explaining all lawsuits related to Family Law under the heading EREN & GONCE TALKS on the podcast channel named Law Podcast. Together with my partner, Attorney Aylin Esra Eren, I prepare and present the program "Legal Map with Aylin and Gizem" on the Business Channel Türk TV channel. I prepare and present the program "About Law with Gizem GONCE" on Saray TV. I occasionally share my legal opinions in many newspapers, TV, and news channels. While I have completed my conciliator training at Bahçeşehir University and my mediation training at Kadir Has University, I also hold a notary public certificate.
Our book titled "Special Grounds for Divorce," which I co-authored with my partner, Attorney Aylin Esra Eren, was published by Platon Plus Publishing in February. Currently, our book is offered for sale to readers on the websites of D&R Music and Book Stores, Seçkin Publishing, İmge Bookstore, Platon Plus Publishing, and Hukuk AVM. I feel great excitement and happiness because of this.
Recently, a book you co-authored with your partner, Attorney Aylin Esra Eren, was released. Shall we talk a little about the book? Can we call the book a guide?
Of course, we can say 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 articles, Supreme Court decisions, opinions, charts, and sample petitions. Taking the relevant articles of the Turkish Civil Code as a basis, we presented special grounds for divorce to the reader's attention with Turkified expressions and a plain narrative. We tried to explain the subject better with the decisions of the Supreme Court General Assembly of Civil Chambers and relevant departments, and to ensure it remains in the reader's mind by giving striking examples. By adding sample petitions, we have prepared a guiding work for people who cannot receive legal services. By adding sample petitions and Supreme Court decisions at the end of each topic explanation, we tried to make the special grounds for divorce more concrete and understandable in the mind.
Do you think women in this country—famous, unknown, educated, uneducated, wealthy or poor—do not know their rights? Or do they know, but choose not to pursue them?
In addition to the increase in legal literacy in our country recently, both women and men have begun to better realize their rights through the internet, social media, TV programs, and social awareness studies. This is a very pleasing situation.
We see that educated women know their rights better and are bolder in their applications. We witness through the questions and applications from our clients and consultants that women who have economic freedom can make decisions more freely when claiming their rights, compared to a woman who does not have economic freedom and tries to sustain her life in a dependent way on her spouse. We believe that women knowing their rights also reveals the strength within them against injustices to some extent. If a woman does not know her rights, and on top of that she is living under particularly difficult conditions and lacks economic freedom, she prioritizes the struggle for survival as a necessary need instead of defending her rights. As legal professionals, precisely at this stage, we aim to help women who do not know their rights in divorce cases or do not have an idea about how to use these rights with our book titled "Special Grounds for Divorce." For example; a spouse who does not know that abandoning the home within the marital union is a ground for divorce can be accepted as at fault in the divorce case filed by the spouse who left the home. However, according to the Turkish Civil Code, the abandoned spouse must issue a "warning to return home" to the abandoning spouse within the relevant period. A spouse who is unaware of this legal article and thinks "My spouse abandoned me, what will I do?" must definitely act in accordance with the abandonment clause, which is a special ground for divorce, to first save this marriage and prove that they are not at fault.
Every woman and man who knows their rights experiences a great sense of satisfaction in the success achieved at the end of the case with the desire to obtain this right and see that justice is served in their favor. Together with my partner, Attorney Aylin Esra Eren, we aim to primarily remind our clients and consultants of their rights and draw their attention to matters that may be in their favor or against them at the end of the case. We leave the decision to follow their cases until the end or to leave the process halfway to the free will of our clients—without prejudice to their rights.
Will women who read your book also learn their legal rights?
Together with my partner, Attorney Aylin Esra Eren, we prepared the content of our book as follows;
Adultery – Article 161
Situations That Eliminate the Right to Sue in Divorce Cases Due to Adultery
Consequences of Divorce Cases Due to Adultery
Sample Petition for Divorce Case Due to Adultery
Divorce Case Due to Attempted Murder
Attempted murder, highly disgraceful or dishonorable conduct – Article 162
Situations That Eliminate the Right to File a Divorce Case Due to Attempted Murder
Consequences of Divorce Cases Due to Attempted Murder
Sample Petition for Divorce Case Due to Attempted Murder
Divorce Case Due to Highly Disgraceful Conduct
Attempted murder, highly disgraceful or dishonorable conduct – Article 162
Situations That Eliminate the Right to File a Divorce Case Due to Highly Disgraceful Conduct
Consequences of Divorce Cases Due to Highly Disgraceful Conduct
Sample Petition for Divorce Case Due to Highly Disgraceful Conduct
Divorce Case Due to Dishonorable Conduct
Attempted murder, highly disgraceful or dishonorable conduct – Article 162
Situations That Eliminate the Right to File a Divorce Case Due to Dishonorable Conduct
Consequences of Divorce Cases Due to Dishonorable Conduct
Sample Petition for Divorce Case Due to Dishonorable Conduct
Divorce Case Due to Committing a Crime
Committing a crime and living a dishonorable life – Article 163
Consequences of Divorce Cases Due to Committing a Crime
Sample Petition for Divorce Case Due to Committing a Crime
Divorce Case Due to Living a Dishonorable Life
Committing a crime and living a dishonorable life – Article 163
Consequences of Divorce Cases Due to Living a Dishonorable Life
Sample Petition for Divorce Case Due to Living a Dishonorable Life
Divorce Case Due to Abandonment
Abandonment – Article 164
Consequences of Divorce Cases Due to Abandonment
Sample Petition for Divorce Case Due to Abandonment
Divorce Case Due to Mental Illness
Mental Illness – Article 165
Consequences of Divorce Cases Due to Mental Illness
Sample Petition for Divorce Case Due to Mental Illness
Of course, our primary goal is for it to be a resource that women can benefit from in terms of knowing their rights. Every woman in the divorce phase cannot manage the process healthily because she does not know what to do. That is precisely where we tried to provide legal support and explain the process management that is wondered about with our "Special Grounds for Divorce" book.
When it comes to divorce, what is the most important thing a woman should know?
First and foremost, deciding to divorce is a very important decision and it is a process that needs to be carried out healthily. In this process, the parties must definitely receive legal assistance and spouses must learn their rights arising from divorce separately. As women and men, there is no distinction in terms of rights in our Turkish Civil Code. In the content of the book we prepared with my partner, Attorney Aylin Esra Eren, we tried to explain in detail item by item what they can request in each special ground for divorce. These requests are, under the headings of; pecuniary and non-pecuniary damages, alimony, custody, division of property, claim for jewelry/gold, and alimony for the joint child. Parties who decide to divorce must definitely request these demands from the court along with the petition. Since each divorce case differs within itself due to the processes the parties experienced in the marital union, the needs and demands in the litigation process also differ. However, when we look at the result, all rights clearly regulated in the Turkish Civil Code appear as equal for both women and men. The most important issue that 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.
What are the questions you are most frequently asked in divorce cases?
Together with my partner, Attorney Aylin Esra Eren, we can list the questions we are most frequently asked in divorce cases as follows;
Can an emotional bond be established with someone else while the divorce case is ongoing?
What requests can we make from the judge in a divorce case?
Who can receive alimony in a divorce case?
How is the alimony amount determined in a divorce case and does it increase every year?
Until what age does child support paid for the child continue?
What should be done if a child is kidnapped?
Who is given the custody of the child?
What happens if alimony is not paid even though an enforcement proceeding has been initiated?
What Are the Legal Applications to Be Made in Case of Violation of the Duty of Fidelity?
Are voice recordings, videos, and Whatsapp messages considered evidence?
In which court is a divorce case filed?
Is the person who files for divorce first at an advantage?
How is economic status investigation conducted in a divorce case?
What are the rights of men in a divorce case?
What are the rights of women in a divorce case?
What are contested and uncontested divorce cases?
What should be done if one of the spouses wants to divorce and the other does not?
How many types of divorce cases are there?
Can women remarry immediately after divorce?
We have heard in many courts that a husband who murdered his wife and wore a tie received a sentence reduction. Why is this so?
Unfortunately, we can encounter decisions that hurt us deeply and profoundly damage our sense of justice from time to time in the news and on social media regarding this issue. Situations that damage society's perspective and belief in justice arise by making comments that take precedence over the actual decision in that case with headlines such as "Reduction was applied to the defendant who wore a tie due to good conduct," "Reduction was applied to the murderer husband due to his good conduct in the hearing." Article 62 of the Turkish Penal Code gives the criminal court judge a wide discretionary power during the trial stage under the heading of good conduct reduction, opening the way for benefiting from good conduct reduction. For this reason, the defendant's demeanor and behavior, behavior towards the court, clothing, personal grooming, tone of speech, and the period of time spent in prison during the detention period are also important within the discretionary reduction article in the criminal trial process.
What would you like to say to women who are subjected to violence (it can also be psychological violence)? What should they do, what path should they follow?
In our country, within the scope of the Law No. 6284 on the Protection of Family and Prevention of Violence Against Women; rules regarding the measures to be taken for the protection of women, children, family members, and victims of unilateral stalking who are subjected to violence or are at risk of being subjected to violence, and for the prevention of violence against these individuals, are regulated. Within the scope of this Law;
*You can request to go to a shelter.
*You can request temporary protection.
*You can ask the perpetrator of violence to leave the house and prevent them from approaching you.
*You can prevent the perpetrator of violence from disturbing you via phone/mail/social media/or other means.
*If your personal safety is under threat; 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 the temporary custody of your child. You can request precautionary alimony for yourself and your children.
*You can request that a family residence annotation 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 subjected 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
EVERYONE 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 protection order for the person subjected to violence even without a request.
NECESSARY MEASURES FOR YOUR SAFETY MUST 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.
WHAT YOU MUST DO IMMEDIATELY WHEN YOU ARE SUBJECTED TO SEXUAL ASSAULT, SEXUAL HARASSMENT, OR VIOLENCE;
In order for evidence and signs not to disappear, you must 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 are considered evidence, they must definitely not be cleaned or thrown away.
Following the occurrence of the incident, it is necessary to notify the situation to the authorized authorities (Gendarmerie, Police, Prosecutor's Office) before the evidence disappears.
All procedures carried out within the scope of Law No. 6284 on the Protection of Family and Prevention of Violence Against Women are free of charge.
Divorces have increased significantly recently. Why do you think so?
With the pandemic period, divorce cases continue to be filed intensely both as uncontested and contested. The reason for this is; spouses started to spend more time with each other at home and started to get to know each other better. Some couples realized that they were not suitable for each other, that they could not even watch a TV series together, could not sit at the same table and eat together, could not sit down and chat, and could not fulfill their obligations arising from the marital union by finding a common ground. As a result of all this, they realized that staying married no longer made them happy and they did not want to spend time together. Instead of an unhappy union, they chose to end the marital union and continue their own lives.
Divorce cases mostly get nasty. Do you think the reason is money?
When the parties make the decision to divorce, they actually prevent the process from proceeding in a healthy and civilized manner by making material and moral demands from each other and acting with the intention of harming the other party. The attitude of the parties during the divorce process is quite important in terms of both material and moral aspects in the later periods of their lives. Obligations arising from the marital union must be fulfilled by both parties. To prevent joint children from being negatively affected by the divorce stage, we believe that it is necessary to act within the framework of civilized conversations, so to speak, without getting nasty, and without forgetting that beautiful days have also been experienced. Following the decision to divorce, along with the change in the marital status of both parties, social and economic balances also undergo changes. The demands of a spouse who has a high financial status and is not in financial anxiety are not as aggressive as the other spouse who is in financial anxiety. However, the most frequent situation we encounter in terms of material disagreement and the process turning into a contested divorce case is the spouse who is highly likely to fall into poverty after divorce acting with financial concerns and increasing their demands in this direction, taking into account their economic and social situation.
Thank you very much for your conversation and the information you provided. Finally, what would you like to say?
Thank you very much for this pleasant conversation. To summarize, I would like to emphasize the importance for spouses who have decided to divorce or are considering this path to seek legal support from a lawyer to learn their rights and understand what they need to pay attention to in managing the process. The change in marital status brought about by divorce actually leads to the opening of a brand-new chapter in their lives. In this sense, one of the other points to be considered in divorce cases is for the parties to be personally involved in the process and to present their evidence correctly and in accordance with the law when conveying their demands to the court. Since divorce cases vary for every situation, I have tried to explain the points that need attention under main headings. I would also like to remind those who are not in a good financial position, whether women or men, that they can apply to the Legal Aid Bureaus of the bar associations to receive legal support.