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Family and Divorce Law

Divorce in Turkey is handled by the Family Courts under the Turkish Civil Code. An uncontested divorce requires at least one year of marriage and a protocol signed by both spouses; a contested divorce is based on grounds such as irretrievable breakdown, adultery or ill-treatment.

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Divorce proceedings in Turkey are handled by the family courts under the Turkish Civil Code. Our office in Bakırköy, Istanbul represents Turkish and foreign clients in every stage of separation: uncontested divorce with a negotiated protocol, contested litigation, custody and alimony disputes, division of marital property, protective orders, and the recognition of foreign divorce judgments in Turkey. A significant part of our practice involves mixed-nationality couples and clients who live abroad and need the Turkish leg of their divorce managed without repeated travel.

Turkish law provides two paths to divorce. The uncontested route is available when the marriage has lasted at least one year and the spouses agree on all financial and parental consequences; the agreement is recorded in a divorce protocol and confirmed before the judge. The contested route is based on statutory grounds — most commonly the irretrievable breakdown of the marriage — and proceeds as adversarial litigation with witnesses, documents and expert reports.

Venue lies with the family court of the place where either spouse resides or where the couple last lived together for at least six months. Cases involving foreign nationals follow the same procedure, with sworn translations for foreign documents and, where required, the rules of Turkish private international law to determine the applicable law.

Uncontested Divorce and the Protocol

A well-drafted protocol is the core of every uncontested divorce: it settles alimony, custody, visitation, compensation and the fate of specific assets in enforceable language. Ambiguities in the protocol surface years later as enforcement disputes, so we treat the drafting stage with the same care as litigation. Where both spouses agree, we prepare the petition and protocol, obtain an early hearing date, and the divorce is typically concluded in a single session.

Contested Divorce

Where agreement is not possible, we litigate fault, custody, alimony and compensation before the family court. Evidence in Turkish divorce practice ranges from witness testimony and financial records to lawfully obtained electronic communications; what may and may not be used as evidence is a frequent battleground, and unlawfully obtained material can expose the party using it to liability. Interim measures — temporary alimony, temporary custody and protective orders under Law No. 6284 — can be obtained at the outset of the case where circumstances require.

Custody, Alimony and Property

Custody is decided according to the best interests of the child, normally supported by a social investigation report. Alimony has several forms: temporary alimony during the case, poverty alimony (yoksulluk nafakası) for the spouse who would fall into poverty after divorce, and child support until the child comes of age or completes education.

The division of property is a separate case from the divorce itself. For marriages concluded after 2002 the default regime is participation in acquired property: broadly, assets acquired during the marriage are shared, personal assets are not. Businesses, real estate and pension rights raise valuation questions that we handle with financial experts.

Divorce Cases with a Foreign Element

For foreign spouses, a Turkish divorce interacts with residence permits, the civil registry and — where a foreign judgment already exists — recognition proceedings. A divorce granted abroad has no effect in Turkish records until it is recognised by a Turkish court or, in limited circumstances, registered through the joint administrative application before the civil registry. We handle recognition and enforcement (tanıma–tenfiz) files on the basis of a power of attorney, so clients living abroad do not need to attend. For spouses whose residence in Turkey is based on marriage, we also advise on the permit consequences of divorce together with our Immigration and Foreigners Law practice.

Working With Our Office

We start with a confidential assessment of your situation — in person in Bakırköy or by video call — and set out the realistic options, likely timeline and full cost picture before you commit. Communication with foreign clients is in English, documents are shared digitally, and hearings are followed under a power of attorney issued at a Turkish consulate or with an apostille abroad. Where the dispute extends to property, our Real Estate Law and Inheritance Law practices work on the same file.

Frequently asked questions
Can a foreigner get divorced in Turkey?

Yes. Turkish family courts hear divorce cases where the spouses live in Turkey or where jurisdiction otherwise exists, regardless of nationality. If neither spouse is a Turkish citizen, the court may apply the spouses' common national law; where one spouse is Turkish or the couple's connection is to Turkey, Turkish law usually applies. Foreign-language documents are submitted with sworn translations.

How does an uncontested (agreed) divorce work?

If the marriage has lasted at least one year and the spouses agree on all consequences — alimony, custody, property — they sign a divorce protocol and confirm it before the judge. With a complete protocol and available hearing dates, an uncontested divorce is usually finalised in a single hearing.

Do I have to attend the hearing in person?

In an uncontested divorce the law requires the judge to hear both spouses personally, though courts may allow attendance by video link (SEGBİS/e-Duruşma) in appropriate cases. In a contested divorce your lawyer can conduct the proceedings under a power of attorney and your personal attendance is normally not required.

What are the grounds for a contested divorce?

The Turkish Civil Code recognises specific grounds — adultery, attempt on the spouse's life or seriously cruel or degrading treatment, criminal or dishonourable way of life, desertion and incurable mental illness — as well as the general ground of irretrievable breakdown of the marriage, which is the basis of most contested cases.

How are custody and child support decided?

The family court decides custody according to the best interests of the child, taking into account the child's age, care arrangements and, depending on age, the child's own views; an expert report is usually obtained. The non-custodial parent pays child support (iştirak nafakası) proportionate to their financial capacity, and receives defined visitation rights.

How is property divided after divorce?

For marriages concluded after 2002, the default regime is participation in acquired property: assets acquired during the marriage are in principle shared equally, while personal property — pre-marital assets, inheritances and gifts — remains outside the division. The property case is separate from the divorce case itself and can be filed once the divorce is finalised.

My divorce was granted abroad. Is it valid in Turkey?

Not automatically. A foreign divorce judgment takes effect in Turkish civil records only after recognition (tanıma) — and, for enforceable parts such as alimony, enforcement (tenfiz) — by a Turkish court, or in limited cases through the administrative route before the civil registry where both former spouses apply together. Until then you remain married in Turkish records, which affects remarriage, inheritance and citizenship procedures.

How long does a divorce take in Turkey?

An uncontested divorce with a complete protocol can be finalised in a single hearing, often within one to three months including decision formalities. A contested divorce commonly takes one to three years at first instance depending on the court's workload and the evidence, and longer if the judgment is appealed.

How We Work With Clients
1 — Initial consultation

In the office or by video, we listen to your situation and review your documents.

2 — Roadmap and fee

We set out in writing which action to file, the estimated timeline and cost items.

3 — Handling the case

Filings, hearings and evidence are followed by a single lawyer.

4 — Updates

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Family and Divorce Law

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