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FAMILY LAW

Family law, as the name suggests, is a branch of law that deals with the solution of legal problems faced by families. Legal regulations regarding the solution of legal problems related to the family are within the scope of the Turkish Civil Code. From marriage to divorce, from property regime problems to custody, from alimony to guardianship, the resolution of every family-related problem falls within the scope of family law. So what is family law? What are family law issues? What is a divorce case? In this section, you can review the basic topics of family law!

What Is FamIly Law?

Family law is a set of legal procedures that have taken place in the Turkish Civil Code in order to solve the problems experienced in the family unity and to establish the family unity in a healthy way. In other words, family law; It is the branch of law that deals with family matters. Among these legal procedures, there are also different areas of investigation such as women’s rights and children’s rights. Turkish Civil Code forms the basis of family law. Family courts are authorized in family law cases that focus on the protection of social order and family unity.

FamIly Law Issues

Some of the main issues that family law deals with are as follows;

  • Engagement
  • Marriage processes
  • Divorce cases and procedures
  • Goods regimes
  • Family residence
  • Paternity
  • Adoption
  • Custody
  • Right to alimony
  • Tutorship
  • Trusteeship

FamIly Law and DIvorce Case

One of the most important topics among family law issues is divorce. Divorce; the dissolution of the marital union. Many legal issues arise with the realization of divorce. Establishing a decision on joint custody of children as a result of divorce, making a decision on alimony and compensation payments, realizing the division of assets in accordance with the property regime can be given as examples of these issues.

Divorce cases; It is handled under two main headings as uncontested divorce case and contested divorce case:

What ıs an uncontested dıvorce?

Uncontested divorce is the divorce of the spouses by reflecting their will to end the marriage union in line with a joint decision. Before the agreement, the spouses agree on issues such as property division, alimony, custody and compensation so that there is no conflict between them. Thus, a consensus regarding the legal consequences of divorce is achieved. According to Article 166/3 of the Turkish Civil Code, it is obligatory for the spouses who decide to divorce, to freely express their will before the judge, and to agree on the financial consequences of the divorce and the situation of the children in case of joint children.

Conditions for uncontested divorce are:

  • Being married for at least 1 year,
  • The spouses’ application to the court for a joint divorce case,
  • The other spouse’s acceptance of the lawsuit filed by one of the spouses,
  • The spouses’ submission of divorce statements before the judge,
  • The agreed divorce protocol prepared by the spouses has the necessary legal conditions and is accepted by the judge.

What Is a contested dIvorce?

Contested divorce case is a type of case based on the grounds for divorce regulated in Articles 161 to 166 of the Turkish Civil Code (TMK). The reasons for the contentious divorce case filed with the application to the competent courts are as follows;

  • Adultery,
  • Attemp to life,
  • Bad or dishonorable behavior,
  • Humiliating crime,
  • Leading a dishonorable life,
  • Abandoning,
  • Mental illness
  • Breakdown of marriage

What are the Consequences of DIvorce Case?

The outcome after the divorce decision in the court is handled in terms of both spouses and children. Accordingly, the results of the divorce case for the spouses are as follows;

  • Termination of marriage,
  • Remarriage of spouses,
  • Change of personal status gained as a result of marriage,
  • Termination of the rights arising between the spouses due to inheritance law,
  • Start of the statute of limitations.
  • The results of the divorce case in terms of children are as follows;
  • Custody process,
  • Personal relationships with the child or children,
  • Attachment of child support.
ThIngs to Know About FamIly Law

Some things to know about family law are as follows;

  • Family court is the competent and authorized court for disputes arising within the framework of the Turkish Civil Code in matters related to family law.
  • In places where there are no family courts, the court that deals with family law matters or is in charge and authorized in this regard is the court of first instance.
  • The family residence is the living space of the married couple. This house cannot be rented, sold or mortgaged without the consent of the spouses. In order for the spouses to protect their rights on the family residence, it is important that they annotate these rights before the land registry office or request the court to process the family residence annotation.
  • Adultery or cheating is an act that shakes the foundation of the institution of marriage and causes it to collapse. According to family law, the spouse who wants to divorce due to adultery is obliged to prove the act of cheating in accordance with the law.
  • Mental illness is one of the reasons for divorce. In this case, there can be no uncontested divorce. In case of detection of mental illness with a medical report, a divorce case can be filed.
  • For some actions that fundamentally shake the union of marriage, the way of substituting a divorce case has also been opened. In this case, the other spouse may file a divorce lawsuit and demand the termination of the marriage union.
CKAY Law FIrm FamIly Law ServIces

As CKAY Law Firm, we provide professional legal support and consultancy in matters that fall within the field of family law. As CKAY Law Firm, we provide legal services in the establishment, termination and after the termination of the family institution, which forms the basis of the society. Some of the services we provide in matters of family law are as follows;

  • Regular follow-up of divorce cases,
  • Preparing a marriage contract before the marriage takes place,
  • Marriage procedures,
  • Divorce processes,
  • Custody of children,
  • Alimony processes and execution,
  • Uncontested and contested divorce cases,
  • Paternity cases,
  • Post-divorce property division,
  • Custody, guardianship and alimony cases,
  • To produce legal solutions against the violation of the provisions,
  • Taking a precautionary decision in cases of domestic violence and similar cases,
  • Disputes arising from adoption,
  • Follow-up of adoption cases,
  • Marriage contracts (property regime) consultancy
  • Dispute cases in family courts
  • Recognition and enforcement of foreign court decisions,
  • Arrangement of will and inheritance contracts…

Family law is an important institution for the protection of the structure of society. Resolving disputes arising in different matters concerning the family in a fair and legal framework establishes trust in both individuals and society. Family law plays an important role in ensuring this trust. The main purpose of the issues dealt with within the framework of family law is the protection of the rights of individuals. CKAY Law Firm offers its clients fair solutions that meet their needs with the legal support and consultancy services it provides in the field of family law!

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