Divorce Law in Turkey – Divorce Procedures for Foreigners in Turkey

Divorce in Turkey is not a complicated process because divorce in this country is arranged according to the laws of Switzerland.

It should be noted that the conditions of divorce in Turkey only allow people to get divorced in Turkey if they are married in this country.

If people have registered their marriage in another country, they must also get a divorce in that country. Otherwise, they must file a divorce application through their attorney.

To obtain a divorce, you must observe the laws of the country in which the marriage was registered.

Read more about registering a marriage in Turkey.

Hiring a lawyer to prepare the required documents such as marriage documents, medical reports, identity documents, and ..

There are many people who decide to divorce after buying a property in Turkey and do not know what the divorce process looks like in Turkey.

To start divorce proceedings in Turkey, the marriage must be registered with the Housing and Statistics Office.

Court sessions are held in private sessions at the request of the parties.

The court may grant the parties a period of 1 to 3 years for peace and reconciliation, and to terminate the divorce after the expiry of the deadline.

After a divorce, the woman usually returns to her family house and uses her maiden name. Unless the court allows the woman to use the man’s name after the divorce.

The woman cannot remarry for about a year after the divorce.

A new marriage is only possible within 300 days with a court-order. Remarriage for a period of time may also be prohibited by court order.

The court also decides on children custody and alimony, and the court may hold the parents jointly responsible for the financing and expenses of the children in proportion to their income.

Child custody is determined in court by a judge, and it is the judge who decides which of the parties can take into account the child’s physical and emotional needs.

If the reason for the separation is for reasons such as domestic violence, one of the parties may ask the court to limit the time of the child’s visit.

Divorce methods in Turkey

Spouses can divorce on the basis of incompatibility.

Incompatibility means there are no common beliefs and feelings between the two parties, and it is a common reason for divorce in Turkey.

There are other reasons for divorce such as:

• Adultery.
• Unusual behaviour.
• Physical violence or death threats.
• Felony of one of the spouses.
• Abandoning: If the spouses have lived separately for at least 6 months, the other party can file for divorce.
• Psychological diseases.
• Irreversible failure in marriage.

The divorce process in Turkey is not long and complicated as it is based on Swiss family laws.

Types of Divorce in Turkey

There are two main types of divorce in Turkey:

• Divorce without the consent of one of the parties
• consensual divorce

In the case of the first type of a divorce, One party files for divorce due to conflicts with the other party, such as adultery or mental illness.

In the second type of divorce, the two parties decide to end their married life together, so they go to court without any objection and ask for a divorce.

Consensual divorce is the most painless and convenient method of divorce where there is consent from both parties to the divorce.

Litigation process in consensual divorce

Court procedures differ in each of the two types of divorce:

• The divorce applicant must file a divorce application.
• The court obtains the litigants’ papers and hears their statements.
• The court also hears the statements of all parties.
• Within 16 days of declaring the trial closed, the court will issue a judgment.

Turkish Divorce Application Form

To start and move forward with the divorce process, one of the most important things to consider is filling out the divorce application form.

In the text of the application for divorce by the spouses, there are articles such as the characteristics of the spouses, the reasons for the application for divorce and the determination of the application.

By filling out the form and submitting it to the court, you can begin the divorce proceedings.

Documents required for divorce in absentia in Turkey

In order to obtain an absentee divorce, documents are needed so that a lawyer can use them to complete the absentee divorce proceedings.

The documents required for divorce in absentia in Turkey include the following:

• spouses’ identity.
• A copy of the national card and identity card.
• A copy of the residence permit in Turkey.
• Original and copy of the divorce letter.
• Completed divorce form.
• Photos.
• Original and copy of the marriage contract.

Divorce laws in Turkey

Conditions for divorce by mutual consent

With the new legislation, the consensual divorce process has become easier.

Divorce takes place by mutual consent if:

• Parties have been married for at least 1 year.
• A divorce was agreed upon between the two parties and the divorce agreement was written and signed.
• Both parties appear before the court and announce that they have decided to divorce.

In this case, the presence of a lawyer is not required.

The consensual divorce process in Turkey

The most important step in this divorce is to prepare a written agreement that includes the following:

• Information about the children of the spouses and their custody.
• Information about financial support for children and the spouse.
• Information on the division of joint property acquired after marriage.
• Other information related to the parties’ agreements.

This agreement must be submitted to the court while filing for divorce, in which case the court will announce its final decision within 16 days.

What does the divorce decree include?

Regardless of the type of divorce, the decision to divorce must include the following:

• How to divide the property after the announcement of the final judgment.
• Compensation can be paid by both parties.
• Alimony is disbursed to one of the parties and children.
• How to pay and who is responsible for paying the costs of divorce.

In Turkey’s divorce law, both parties must agree to the court’s terms, and if one of the parties does not agree to the court order and its terms, the court’s ruling can be appealed.

Divorce process for foreigners in Turkey

For foreigners, there are two possible situations:

• One of the spouses is a Turkish citizen and the other is a foreigner.
• Both sides are foreigners and only live in Turkey.

In the first case, if the foreign spouse files for divorce in his or her country, the other party, a Turkish citizen, must file for divorce in Turkey.

In the second case, either party can file a divorce application in the local court in which he/she lives. In this case, one of the following rules applies:

• The law of the country to which the parties belong (upon request)
• The law of the country in which both parties live and reside (even if it is not their country of origin)
• Turkish Law (if none of the above is specified)

It is worth noting that the ruling on divorce in Turkey (and division of property and custody of children) by Turkish courts, fully complies with the rules of private international law.