Civil Law and Family Law

Civil law covers the rules governing a person's private-law relationships from birth to death. The law of persons, family law, inheritance law and property law are its main branches. Because these disputes usually affect family life, children and assets directly, they must be handled carefully in both their legal and human dimensions.

Divorce

• Uncontested divorce: Under Article 166/3 of the Turkish Civil Code, if the marriage has lasted at least one year and the spouses apply jointly or one spouse accepts the other's claim, the marriage is deemed to have broken down irretrievably. The judge must hear the parties in person and approve the protocol on the financial consequences of divorce and the situation of the children. A complete and enforceable protocol prevents future disputes.
• Contested divorce: Cases based on general grounds such as irretrievable breakdown, or on specific grounds such as adultery, attempt on life, severely degrading treatment or abandonment
• Following the amendment made by Law No. 7532, if one year has passed since a judgment dismissing a divorce case became final and the spouses have not resumed their common life, divorce is granted upon the request of either spouse (TCC Art. 166/4).

Consequences of divorce

• Interim, child and poverty maintenance; actions to increase, reduce or terminate maintenance. The Constitutional Court's decision annulling the rule allowing poverty maintenance to be awarded for an unlimited period will take effect on 30.06.2027, and developments in this area should be followed closely.
• Claims for pecuniary and non-pecuniary damages: claims arising from divorce become time-barred one year after the divorce judgment becomes final (TCC Art. 178).
• Custody, personal relations with the child and modification of custody
• Liquidation of the matrimonial property regime: the statutory regime is participation in acquired property (TCC Art. 202). Participation claims and value-increase share claims

Other family law matters

• Drafting matrimonial property agreements before or during marriage
• Actions to contest paternity, paternity actions and adoption
• Protective and preventive orders against domestic violence under Law No. 6284
• Guardianship and restriction proceedings

Inheritance law

• Obtaining a certificate of inheritance and determining the estate
• Disclaiming an inheritance: as a rule, an inheritance may be disclaimed within three months of learning of the death (TCC Art. 606). It is important not to miss this period where the estate is insolvent.
• Drafting wills and inheritance contracts; actions to annul wills and actions for reduction (tenkis)
• Actions for cancellation of title deeds and registration based on simulated transactions by the deceased (muris muvazaası)
• Partition of co-owned property (izale-i şuyu): under Law No. 7445, applying to a mediator before filing suit is now a precondition for these disputes.

Our firm provides legal advice and litigation services in divorce and paternity cases, uncontested divorce protocols, maintenance, custody and matrimonial property disputes, protective orders, matrimonial property agreements and inheritance disputes.

The information on this page is provided for general information purposes only and does not constitute legal advice.