DIVORCE
OF FOREIGNERS MARRIED TO TURKISH CITIZENS IN TURKISH LAW: LEGAL PROCESS AND KEY
POINTS
The process of divorce between foreigners married to
Turkish citizens is subject to specific procedures and regulations in Turkish
law, based on the Civil Code and related legislation. Here are key insights
into the divorce of foreigners married to Turkish citizens:
1. Impact of Nationality: The
nationality of the foreign spouse seeking a divorce is a crucial factor in the
process. Foreigners married to Turkish citizens can file for divorce in Turkish
courts. However, factors such as which country's law will be applied, the
nationalities of the parties, and the place where the marriage was established
are considered.
2. Grounds for Divorce:
According to Turkish law, specific reasons must exist for filing a divorce
petition. Reasons may include the unsustainable continuation of married life,
infidelity, violence, among others. The party filing for divorce may need to
substantiate these reasons.
3. Legal Process:
Divorce cases are typically heard in Family Courts. The court evaluates the
claims and evidence presented by the parties. In cases of uncontested divorce,
where an agreement has been reached between the parties, the court approves the
settlement.
4. Property Regime and Division of Assets: The
assets acquired during the marriage are divided based on the chosen property
regime. If an agreement exists between the parties, the division occurs without
dispute. In the absence of an agreement, the court determines and allocates
assets fairly.
5. Child Rights and Custody:
During divorce proceedings, matters concerning children, if any, are also
addressed. The court may decide on issues such as child custody, family
relationships, and financial support.
The divorce process for foreigners married to Turkish
citizens follows specific legal procedures, and obtaining the right legal
counsel is crucial to protect the rights of the parties involved. Each divorce
case is unique, and the court endeavors to make a fair decision, taking into
account the unique circumstances of the parties.
This article is intended for general informational
purposes only and not intended as a substitute for the advice and counsel of an
attorney. If you want to contact an English-speaking lawyer in Istanbul for
more information, you can contact our office.
