Family and Divorce Law in Türkiye: 10 Questions and Answers

Yes. A spouse may bring proceedings on grounds provided by the Turkish Civil Code. The other spouse’s refusal to agree does not prevent the case from being filed. However, the legal conditions for the court to grant a divorce must be met.

Duration depends on the collection of evidence, the parties’ conduct, the court’s workload and the scope of the dispute. Where its conditions are met, a divorce by mutual consent can generally conclude more quickly than contested proceedings.

Yes. Interim maintenance, post-divorce spousal maintenance and child maintenance may be relevant if the respective conditions are met. Each has different requirements. The parties’ finances and statutory criteria are considered when the amount is determined.

The court’s primary consideration is the child’s best interests. It assesses the child’s age, needs, relationship with each parent, care arrangements and other relevant factors. Custody is not automatically awarded to the mother or the father.

Infidelity may be established with lawfully obtained evidence. Messages, documents, witness testimony and other evidence may be assessed according to the circumstances. Using recordings obtained unlawfully or in breach of privacy may create separate legal problems.

The outcome depends on the spouses’ matrimonial property regime, acquisition dates, sources of funding and any matrimonial property agreement. Divorce does not mean that every asset is automatically divided equally.

Claims concerning jewellery depend on ownership, who holds the items, whether they have been returned and the circumstances. Supporting the claim with appropriate evidence is important.

As a general rule under Turkish law, a woman resumes the surname she used before marriage once the divorce becomes final. A woman wishing to continue using her former spouse’s surname may apply to the court under the conditions of Article 173 of the Turkish Civil Code.

Yes, where the conditions in Article 174 of the Turkish Civil Code are met. Whether the claim succeeds depends on the statutory requirements and the circumstances of the case.

Yes. If circumstances change significantly after maintenance is determined, an increase or reduction may be sought. The court considers the parties’ financial circumstances and the applicable statutory criteria.