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Family Law: Family Issues in Turkish Law

Family law is the field of law that regulates marriage, divorce and family relations. Family law covers a wide range of topics, from child custody to alimony, adoption to prenuptial agreements.

Turkish Civil Code is the main source of family law in Turkey. This law was adopted in 1926 and has been amended several times since then. The Civil Code applies to all citizens in Turkey, regardless of their religion or ethnicity. Family law has an important place in Turkish Law. This article will cover the basic areas of family law, including the Turkish family law system, marriage, divorce and child custody.

Marriage and Divorce

Family Law Attorney Saim İncekaş

In Turkish family law, marriage refers to the legal coming together of people. Marriage is established according to the Turkish Civil Code and is subject to certain legal procedures. Marriage union is maintained on the basis of couples living together, mutual understanding and fidelity.

However, sometimes marriages can break down for various reasons. The Turkish Civil Code also offers couples the opportunity to divorce. Divorce means the final dissolution of the marriage. The divorce process takes place legally through the courts and includes issues such as the division of property by the couple, financial support (alimony) and custody of children.

Property Regimes and Inheritance

The system in Turkish family law is based on the principle of equality between spouses. Husband and wife are equal in terms of their rights and obligations to each other. In addition, women have the right to inherit from their husbands.

The property regime between spouses in Turkey is regulated by the Civil Code. The property regime regulates what rights couples have over property at the time of marriage. Spouses can establish a joint property regime or a separate property regime.

As a result of the new Turkish Civil Code published in 2002 in Turkish Law, the property regime frequently applied is the “participation in acquired property” regime. According to this, the property acquired before marriage is the personal property of that spouse, and the properties acquired through the acquisitions within the marriage are shared in half.

On the other hand, family law also includes the law of inheritance. Inheritance law determines how assets will be shared after a person's death. Relating to in our article There is detailed information about the heirs and the sharing of the inheritance.

Custody and Child Rights

Examines Family Law Custody and Child Rights

Family law, which focuses on the rights of children, protects children's relationships with their parents. Turkish Civil Code regulates child rights and custody. The custody determines who will live with the children in case of divorce, and who is authorized in matters such as education and health.

Turkish family law respects the interests of children and encourages agreement between parents whenever possible. Sometimes, however, agreement may not be possible and the courts will decide in the best interests of the children.

Protective and Auxiliary Provisions

Family law also includes important provisions to protect children, women and other vulnerable groups. In cases of violence and abuse, Turkish family law takes protective measures to ensure the safety and well-being of victims.

In addition, family law tries to maintain a fair and equal balance in family relations by regulating the responsibilities of family members towards each other.

Family Courts and the Trial Process

Family Courts and the Trial Process

Family courts are special courts in Turkey that examine legal matters related to family law and make their decisions. The powers of family courts cover a variety of issues. We can list the most common types of cases in Family Courts as follows:

  1. Marriage and Divorce Cases: Family courts deal with annulment and divorce cases. In these cases, issues such as the establishment of a marriage union, divorce, property division and custody are handled.
  2. Custody and Child Lawsuits: Family courts also handle custody and child related cases. Such cases include issues related to custody of the child, parenting plan, child support, and the child's welfare.
  3. Violence and Protection Cases: Family courts also deal with cases of violence and suspension. These cases concerned the prevention of domestic violence and the adoption of protective measures.

Conclusion

Family law is an important subject in Turkish Law and regulates family matters. Issues such as marriage, divorce, property regimes, inheritance, custody and child rights are the main topics covered in Turkish family law. This branch of law aims to strengthen the family, which is the basic unit of society, while protecting the rights of family members.

Current Articles

Question answer

Worksheets

Divorce Worksheet

of the worksheet Headings included:

  • Shaking the Foundations of the Marriage (Severe Discord) Divorce suit
  • Divorce because of life Cast
  • Divorce because of humiliating crime and dishonorable life
  • What is done after the divorce notice?
  • Is There Need To Hold A Lawyer For Divorce?
  • How to pass the maiden name after divorce?
  • Divorce Compensation Installment
  • How Does A Lawyer Follow A Way In Divorce?
  • Request for Measure Due to Domestic Violence (Law No. 4320)
  • Request to Delete Family Residence Registration
  • Prevention of Violence against Women
  • What is Divorce? What Does Divorce Mean?
  • Principles in Turkish Divorce Law
  • Events After The Divorce Is Opened
  • Proceedings in divorce proceedings

Custody Worksheet

Headings included in the worksheet:

  • What does the child's benefit benefit?
  • Custody of the child's opinion (the child's rest)
  • The Status Of The Child While The Divorce Is In Progress (Measures About The Child)
  • Rights of spouse / non-custodian
  • Custody Of The Child Born During Divorce
  • Custody Of The Child Born After Divorce
  • Procedure for Appointing a Guardian to a Child in Divorce
  • What does a personal relationship with the child mean?
  • Return Of Custody Petition Case
  • Does the mother or father have custody of the deceased child to the other spouse?
  • Who belongs to the right to custody before the divorce
  • Which Spouse Is Given To Child Custody In Divorce?
  • Petition for Divorce and Custody
  • Punishment for not showing the child to the other spouse
  • Full Defective Spouse Can Open Divorce?
  • Divorce in case of perfect spouses
  • Equal Defects Of The Spouses In Divorce

Property Division Worksheet

of the worksheet Headings included:

  • Prevention of Intervention to Shared Property Between Spouses
  • Arrangement of Inventory between Spouses
  • The money in the joint account of the spouses in the divorce
  • Linking the spouse's savings authority to the consent of the other spouse
  • Example of Participation Agreement for Acquired Goods

Related Laws

About the Author: Lawyer Saim İncekaş

Saim İncekaş is a lawyer registered with Adana Bar Association. He has been working at İncekaş Law Firm, which he founded, based in Adana, since 2016. After completing his law education with a master's degree, he carried out many different studies in this field. He is an expert in areas such as family law, divorce, custody cases, children's rights, criminal cases, commercial disputes, real estate, inheritance and labor law. Saim İncekaş is actively involved not only in the Adana Bar Association, but also in associations and organizations such as the European Lawyers Association, the Union of Turkish Bar Associations and Access to the Right to a Fair Trial. In this way, it takes part in many studies aimed at increasing awareness of the universality of law and confidence in the legal system. Contact Us Now via WhatsApp for an Appointment and Preliminary Meeting

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