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Family Law
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Family law covers processes that are deeply personal and emotionally demanding — divorce, child custody, maintenance, and division of assets. Obtaining the right legal support during these processes not only protects your rights but also prevents prolonged legal disputes. Every wrong or incomplete step can directly affect your children's future, your financial security, and your freedom.
As Keleş Law and Consultancy Office, we provide legal representation and consultancy services in family law on behalf of individuals, families, and foreign nationals — from divorce proceedings to custody disputes, from maintenance calculations to the dissolution of the matrimonial property regime.
Important Reminder: In family law, deadlines and procedural rules directly lead to the loss of rights. If you are considering filing for divorce or wish to contest proceedings that have already been initiated, we strongly recommend seeking legal assistance without delay.
How does uncontested divorce work in Turkey? In Turkey, if both spouses agree on all aspects of the divorce — custody, maintenance, division of assets, and personal belongings — they may choose the uncontested divorce route. Unlike contested divorce, which can take years, an uncontested divorce can often be completed in a single hearing before the Family Court. The marriage must have lasted at least one year for this route to be available.
Where spouses reach full agreement, an uncontested divorce may be pursued. Uncontested divorce is a much faster and less costly process compared to contested divorce.
However, it is critically important that the divorce protocol is prepared in a legally sound manner that genuinely reflects the will of both parties. Incomplete or incorrectly prepared protocols can lay the ground for new legal disputes in the future.
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What is contested divorce in Turkey? Contested divorce occurs when the spouses cannot agree on the conditions of the divorce or on the divorce itself. Unlike many other countries, Turkish law requires specific legal grounds for divorce. The Family Court hears the case and decides both whether the marriage will be dissolved and on ancillary matters such as custody and maintenance.
Where spouses cannot agree on the conditions of divorce or on the divorce itself, a contested divorce action is filed. Turkish Civil Code divides the grounds for divorce into specific and general categories.
Specific grounds for divorce: adultery, attempt on life, cruel treatment, and degrading conduct; committing a crime and leading a dishonourable life; desertion; mental illness.
General ground for divorce: irretrievable breakdown of the marital union. This is the most frequently invoked ground for divorce and has wide application in practice.
Which ground for divorce to rely upon and how to structure the burden of proof are of decisive importance in terms of litigation strategy. In these cases, the process of collecting evidence, witness statements, expert reports, and a procedurally sound petition strategy play a determining role. Contested divorce cases conducted without legal representation most frequently lead to unnecessary delays and loss of rights.
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In addition to the divorce order, it is possible to claim compensation from the at-fault spouse. Material compensation may be claimed where the interests — both existing and expected — of the blameless or less blameworthy spouse are damaged as a result of the divorce. Moral compensation is granted to the spouse whose personal rights have been violated by the events that led to the divorce.
In determining the amount of compensation, the parties' degree of fault, the duration of the marriage, economic conditions, and the severity of the events that caused the divorce all play a determining role. If a compensation claim is not brought together with the divorce action, the right may be lost; it is therefore essential that all claims are identified in full before the action is filed.
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How does custody work in Turkey? In Turkey, custody (velayet) refers to the legal right and responsibility to care for and raise a child. When parents divorce, the Family Court awards custody to one parent based on the best interests of the child. The non-custodial parent is granted personal contact rights (the right to spend time with the child), and a maintenance order is typically made in favour of the child.
Custody is the most sensitive and most frequently contested aspect of divorce proceedings. Courts apply the best interests of the child as the primary criterion when making a custody order. In this decision, the child's age, the parents' material and emotional circumstances, the bond formed with the child, and living conditions are all determinative.
Custody orders are not final. Where circumstances change significantly, an action for variation of custody may be filed. Similarly, where the right of personal contact (visitation rights) is not being exercised properly, legal remedies are available.
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Types of maintenance in Turkish law: Turkish law recognises three types of maintenance (nafaka). Interim maintenance (tedbir nafakası) is ordered by the court during the divorce proceedings and takes effect immediately. Child support (iştirak nafakası) is paid by the non-custodial parent for the child's ongoing needs after the divorce is finalised. Poverty maintenance (yoksulluk nafakası) is a spousal maintenance payment awarded to a spouse who would fall into poverty as a result of the divorce.
Maintenance comes in three distinct types: interim maintenance, child support, and poverty maintenance. The legal conditions, calculation methods, and duration of each differ from one another.
Correctly calculating the maintenance amount and setting out the legal grounds in full is of the utmost importance both for those claiming maintenance and for those who will be required to pay it.
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How does asset division work in Turkey? In Turkey, the default matrimonial property regime is the "regime of participation in acquired property" (edinilmiş mallara katılma rejimi). This means that assets acquired by either spouse during the marriage are generally shared equally upon divorce. Assets owned before the marriage or received by gift or inheritance during the marriage are typically treated as personal assets and are not subject to division.
The statutory matrimonial property regime under the Turkish Civil Code — the regime of participation in acquired property — governs the liquidation of assets acquired by the spouses during the marriage upon divorce. The calculation of the asset division involves technical assessments such as the contribution share receivable, the value increment share, and the distinction between acquired and personal assets.
Errors made during this process can translate into permanent financial losses. Expert legal support is essential in disputes relating to the division of real property, company shares, pension rights, and overseas assets in particular.
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What legal protection is available in Turkey? Turkey has a dedicated law — Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women — that allows victims of domestic violence to obtain urgent court orders without waiting for a divorce case to be finalised. These orders can be issued very quickly, sometimes on the same day, and can include a ban on the perpetrator approaching the victim, an order removing the perpetrator from the shared home, and other protective measures.
In cases of domestic violence, protective and preventive orders may be urgently requested under Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women. These orders cover measures such as removal from the home, restraining orders, and prohibition on approaching.
It is of great importance that victims of violence obtain legal assistance as quickly as possible both to be protected during the legal process and to have their rights effectively defended.
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8. Parentage and Paternity Actions
How is parentage established in Turkey? When a child is born outside of marriage in Turkey, the child's legal relationship to the father is not automatically established. The mother — or the child — must bring a paternity action before the Family Court. The court may order DNA testing to establish biological parentage. Once parentage is established by court order, the child acquires full inheritance rights and other rights in relation to the father.
The establishment of parentage for children born outside of marriage, actions for judicial determination of paternity, and actions for denial of parentage form an important area of family law. In these proceedings, biological examination (DNA testing), correction of civil registry records, and the implications for inheritance rights must all be assessed together.
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Inheritance disputes that frequently arise within families cover such matters as reduction actions, co-heirship, cancellation of wills, and disinheritance. A large proportion of these disputes are intertwined with family law and must be assessed together.
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Can foreigners divorce in Turkey? Yes. Foreign nationals living in Turkey or married to Turkish citizens may file for divorce before Turkish Family Courts. Turkish courts have jurisdiction where at least one of the spouses is a Turkish citizen or where one of the spouses has been habitually resident in Turkey for at least six months. Foreign court divorce judgments are not automatically recognised in Turkey — a separate recognition and enforcement action must be brought.
Foreign nationals living in Turkey or married to Turkish citizens may face particular difficulties in matters of divorce, custody, and division of assets under Turkish law. Determining the applicable law, recognition and enforcement of foreign court judgments, and international custody disputes constitute the technical dimensions of this process.
Our office conducts these processes in Turkish, English, Arabic, Russian, and Persian.
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1. Initial assessment and strategy Your situation, available documents, and the parties' positions are assessed, and the most appropriate legal route is determined. It is established at this stage whether uncontested divorce or contested proceedings are appropriate.
2. Urgent measures (where necessary) Where there is domestic violence, a risk of the child being taken abroad, or concern about asset concealment, steps are taken immediately to obtain urgent protective orders.
3. Preparation of the statement of claim Claims, legal grounds, and requests are set out in a petition that conforms to the court's established case law and is supported by evidence.
4. Trial process Hearings are attended, witnesses are heard, expert examinations are managed, and an effective defence is mounted against the opposing party's claims.
5. Decision and aftermath Following the divorce order, implementation of the arrangements relating to custody, maintenance, and division of assets is monitored. Where orders are not complied with, enforcement and legal remedies are pursued.
6. Appeal and cassation Where the decision needs to be contested, representation is provided before the Regional Court of Justice and the Court of Cassation (Yargıtay).
How long does an uncontested divorce take in Turkey? Where the parties reach full agreement and the protocol is prepared completely, it can generally be concluded in a single hearing. The average duration varies between 1 and 3 months depending on the court's workload.
Is mediation mandatory before divorce in Turkey? Mediation is not mandatory for divorce proceedings in family law. However, parties may choose mediation for certain disputes relating to property and maintenance.
Can a custody order be changed after it has become final? Yes. Where circumstances change significantly, an action for variation of custody may be filed. The court assesses the new circumstances based on the best interests of the child.
When does maintenance begin? Interim maintenance may be requested when proceedings are filed and takes effect by court order. Child support begins to run from the date the divorce order becomes final.
Are assets I acquired before my marriage subject to division upon divorce? No. Personal assets acquired before the marriage are not, as a rule, included in the asset division. However, contributions made to these assets during the marriage may be assessed within the scope of value increment share and contribution share receivable.
What evidence is important in a divorce case? This varies depending on the grounds for divorce. In an adultery claim, photographs, messages, and witnesses; in a violence claim, medical reports, photographs, and statements; and in an economic violence claim, bank records and documents are of critical importance.
Can I claim compensation in a divorce? Yes. In a divorce, both material and moral compensation may be claimed against the at-fault spouse. The compensation claim must be brought together with the divorce action; otherwise the right may be lost.
I live abroad — can I file for divorce in Turkey? Yes. Turkish citizens or persons habitually resident in Turkey may file for divorce in Turkish courts even if they live abroad. Representation by a lawyer at hearings is possible.
Is a foreign court's divorce judgment valid in Turkey? It is not automatically valid. For a foreign court judgment to be valid in Turkey, a recognition and enforcement action must be filed in the Turkish courts.
What can I do if maintenance is not paid? Enforcement proceedings may be initiated for unpaid maintenance arrears. An application may also be made to the court for a committal to custody order to be made against the defaulting party.
When should an action for division of assets be filed? An action for division of assets may be filed within the ten-year limitation period running from the date the divorce order becomes final. However, filing while the evidence is still fresh produces more reliable results.
Family law cases require not only legal knowledge but also empathy, confidentiality, and sensitive management. Every case is unique and necessitates that strategy be determined according to the client's personal circumstances.
Contact us today to obtain legal assistance in the field of family law. At our first meeting, we assess your situation and provide you with the most appropriate legal roadmap.
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