Transcript for:
Understanding Family Law in Turkey

[Music] hello and welcome to guide stop global my name is John Howell and I'm the editor and with me I have bash a fielder's Oakland who is a lawyer based here in Bodrum in Turkey - thank you for being here hi yeah in this very short video we're going to talk about some aspects of family law we're not talking about divorce because that's the subject of a separate video which people can see if they wish but here we're talking about the other parts of family law okay and we're only talking about them in pretty much outline because you have written a guide into family law and that's available on our website so if you want that guy of the downloaded from www.allsubs.org is not really very common in turkey not very common and if it's not part of our legislation properly in this section of semolo because we don't want to really encourage people to be together because we fear things that married is that kept clear additionally but there are two circumstances where it does happen and which are specifically recognized under the law one is where a person is living with someone and they've agreed that they would merrily yeah but it never happens so this is part of the feminine all the others we would say that that person leaves the entity other ones because of the promises of the marriage so in place of like a failure the government or that person could go into America's third party then the other one will be like it is suffering and like a mentally or financially so there's instigation between yourself and to the right let's assume it's the the woman who makes the not the man could be the other way around but other rights of that woman similar to what the rights of a wife wouldn't be and no I wouldn't say it's going to be that much why because the wife could have it like a registered start or what a set of your family but in this case that in a set wise it is not going to be protected so is it a more an order that the person pays compensation to the yeah like a pain a separable like a pain and suffering yeah it's yes it's for any loss they've suffered they gave up work to look after this person they have reduced their prospects for the future all that sort of things what the rights are about together with if you lend some money and if you were like it financially covering some of the expenses of the like a partnership so it's all going to be with like assorted speaking and so if for example the one party put money into the purchase of the home in which you live they would be entitled to yeah that money but laying that will be a century of the value of that exactly okay so by no means the same as getting married but at least it gets some redress legally for the person who is in that situation yeah and what we have in Turkey is as we know we is religious like a ceremonies are very like a common or torture in the rural area through the occupation so this is a well I think this is really applying actually a lot of family law about the other hand is so similar just like a ceremony which could be like a proven by the parties so it is again this way in the outcome of the partnership has to be a bucket sorted by a legal entity we could be course here look that was the second example I was going to talk about it I find this one very interesting in rural Turkey it is still common for people to get married in a religious ceremony rather than in the civil ceremony and in Turkey the only legal marriage is by where the civil ceremony the religious ceremony if you want to have one is an extra to private affair it's a blessing but it isn't a legal mode and in discussing our other videos it is also illegal to get married with a religious ceremony we now before news of Mary's life officially so imagine a couple in the middle of Turkey somewhere they've been through a religious ceremony but no civil ceremony they've been married for 15 years they've had six children mm-hmm and they separate yeah it may be argued that they're not likely to separate because in that part of Turkey this would be very straightened out if they did what rights does the do the wife and children yeah in that case the period of plenty of partnerships would have religious like a ceremony will be considerably the children of the partnership will be consider these like the contributions of the parties to the access will be considered so it is going to be a litigation it's not going to be a divorce obviously and also both parties will be carrying some a criminal live with it because of the actions age like a entering to my getting married religiously before that yeah and at the time of P and B not marriage was a partnership the ages of the parties will be really important in terms of like a criminal liability part and it is we wouldn't call it as a divorce but we the effects of the case will be almost the same as divorce fear but the the orders that the court could make would be much more like the orders in the a married couple we used in the first example yeah it's called enjoy transplantation basis the ongoing contributions it is not like a while so it may not be covered if the children will be is like it should have a lack of distribution only the the Guardians has to be given to someone modern products isn't necessarily is to be married now the reason I've mentioned all of that is as far as our foreign viewers are concerned if they come to live in Turkey and they're not married they living with someone that in the event they go their separate ways then it is that legal basis that would apply to them yeah and be friends we are having too many horrors for you in your example because in some cases and non-national women or men coming to Turkey have a partner should be the circuit decision and they never got married but there a lot of civil partners they bought some access but because of nomination older so this top the register they registered in under the name of the Turkish and then everything when they like it separated everything is going to be like a very complex for the nomination Oscars I'm not having too many cases under when usually women can marry Turkish men marry in inverted commas in Vienna and basically the men eat all their assets and then send them away yeah and you you will never recover it is better if the men doesn't have any research access information so you need to be very cautious with various artists and in the interest of equality you have said could be the other way around you could be the man who was coming and marrying a Turkish woman but is it that isn't way normally happens yes yeah I think both side it is possible but it yeah you have to be careful about that but if you've come to Turkey as an existing couple you've been living together for 10 years back in the United States you come to Turkey you live here then if you separate the the ability of the court to make orders to govern that separation is limited and so probably some advice is if you're going to come to Turkey in those circumstances may be a good idea to get married before you come or you can just deal with the is Kim of lucky purchase or like offset in the way of factory yeah cherish if you must certainly make sure that you buy a house it goes in both names if you my car it goes in both net so the owner structure might be a airing and I suppose if you could also do some sort of private contract under Turkish law that says in the event we get divorce Indian army separate this is what's going to happen yeah you can make this Agreement it will be slug it and I think we just think this as a partnership between two parties so you are making a decision or copper distribute it office that you have searched into a contributing each other in one way or the other if that's your situation you need to deal with it don't just let it drift up yeah but the only thing I would say about this like a contractual agreement where because of the registration specially for a property is subjective official system which is lend a degree so the lenders do will always be binding for the third parties I mean that person can sell that property to a third party and you can never recover your problem you can only cover your contribution from the contractor related party so the official like it registrations are always like a facing the private areas so really probably the easiest strongest safest solution will be to get married before you can yes yes talking of which we talked about people living together as a couple same-sex marriages we double this in a separate video I'm not to spend much time on it now here same-sex marriage is not recognized in Turkey and civil partnerships in the sense that they exist in other countries not registered not recognized in two yeah so if you're in a same-sex relationship again you need to think very carefully about what your options are before you come to Turkey no to live exactly so everyone has to make their settlements before they purchasing assets and we're getting more any like 1/5 financial status and they have to try to deal with that before they come for hear chosen now the other part of family law I wanted to have a quick look at is children paternity where a woman alleges that a child is your child how does that work in Turkey if a woman has a baby and says that it's my baby how does the court resolve this and in that case B in mother should be filing a case by being a guardian of the baby and on the behalf of the baby for the recognization of the father I mean the babies right stuff baby charge Bob yeah but the mother can use that guys until they get 18 so yeah and there will be a court case in this family's court the court will make the investigation the cesarean listing and DNA test and the others and as a result if a child of the father then it's supposed to be registered as a father these days it's generally done by DNA test en a test I think it's a nice percent yes there correct yes and if the father refuses to have a DNA test and I guess the court will make its own and yeah X to the one at court case of all service organizations of what look at parents is a file then it is being thus applied to the government and the prosecutor office as well so they will be also notified about this case and if the target is rejecting to giving the DNA for the prosecution office will be involved for sure so not really surprising the way those things are dealt with not very different from the way they dealt with the many countries but at least the audience will now know yeah why chef thank you for that thank you John we hope you found that useful and of course if you have a great if you would like to like that video or follow this channel do remember the backers written not only this guide to family law in Turkey but also a whole range of other legal guides about people who are farmers living working doing business in Turkey and the choose the co-author of a book how things really work in Turkey and you can get all those by our website www.levitt.com [Music] [Music] Hey [Music] you you