Understanding Family Law in Turkey

Oct 6, 2024

Family Law in Turkey: Key Points

Introduction

  • Speaker: John Howell (Editor) with Bash A. Fielder (Lawyer in Bodrum, Turkey).
  • Focus on aspects of family law excluding divorce (separate video available).
  • Reference to a guide available on www.allsubs.org.

Overview of Family Law in Turkey

  • Commonality: Family law issues are not very common in Turkey and are not well-established in legislation.
  • Circumstances of Marriage:
    • Occurs under two main conditions:
      1. Cohabitation with an agreement to marry that does not materialize.
      2. Situations involving mental or financial suffering affecting one party.
  • Rights in Cohabitation:
    • Similar rights to a wife, but less protection and recognition in law.
    • Compensation may be sought for pain and suffering, loss of work, or financial contributions to shared expenses.

Religious vs. Civil Marriage

  • Religious ceremonies are common, particularly in rural Turkey, but only civil ceremonies are legally recognized.
  • Legal Context for Religious Marriages:
    • A couple might have a religious marriage without a legal civil marriage, causing complications in separation (e.g., after 15 years with children).
    • Issues arise regarding children's rights and asset distributions similar to divorce proceedings.
    • Legal repercussions exist for entering a religious marriage without civil recognition.

Rights of Children

  • Children from religious ceremonies are considered legitimate, and their rights are acknowledged in separations.
  • Guardianship and distribution of assets will be determined by the court.

Advice for Foreigners

  • Foreign couples living in Turkey should consider marrying before relocating to ensure legal recognition and protection of rights.
  • Recommendations include:
    • Joint ownership of property purchases (e.g., house, car).
    • Creating private agreements on asset distributions in case of separation.

Same-Sex Relationships

  • Same-sex marriage and civil partnerships are not recognized in Turkey.
  • Foreign same-sex couples are advised to assess their legal standing before moving to Turkey.

Paternity Issues

  • A mother can file for the recognition of the father through family courts.
  • Legal process includes DNA testing to establish paternity.
  • If the father refuses a DNA test, the court may compel participation, and authorities will be notified.

Conclusion

  • Importance of being aware of Turkish family law and legal rights before cohabiting or purchasing property in Turkey.
  • Further resources and guides available on the website.