Family Law and Sharing of Property

• Family Law Society Established to Continue Healthy and Happy Shaped Family Unity of Individuals Who Constitute the Community. Nobody desires to see a home, whom he has built, is dispersed one day. Frictions and Behavioural Disorders Between Family Members Can Enhance Family Continuity. Divorce may happen whether desired or not.
• Most proper Management of the Psychological and Legal Process of the Divorce, and most successful protection of the Parties’ Rights before it’s concluded is of paramount importance for all Family Members.
• We work with Our Expert Family Law Attorneys during this Sensitive process for Our Clients to Minimize Minimal Material and Mental Damage. We Produce Solutions for a Rapid Divorce to Happen in Both Sides and for Mutual Reconciliation.
• The Resulting Period of the Divorce Law Depends on the Duty of the Divorce Law and the workload on the Courthouse. Uncontested Divorce Case is the Shortest Divorce Case. Often, the court decides at the end of several hearings.
• Divorces without an Agreement are known as Contested Divorce Cases. The Defendants and the Respondents (Parties), Unlike the Uncontested Divorce; Divorce, the financial results of the divorce, and the fact that there is no settlement on the case of children, the judge makes further investigations and listens to many witnesses. This situation also causes the prolongation of the judgment.
• Resolving Disputes stated in the Family Law in the Turkish Civil Code enters the duty of family courts. For this reason, whatever the reason for the divorce, all divorce cases must be opened in family courts. In places where there is no Family Courts, the Civil Courts of Justice are obliged to look after divorce and separation cases.
• Divorce is the termination of a validly established marriage by a court decision on the basis of the reasons and circumstances envisaged in the law on the request of one of the spouses.

Which Important Subjects are Included in the Family Law?

Family Housing

• It is the living area where the wife and husband who are officially married live together, have the continuity of their common life together. Even if the couple has more than one house, only one of them, the house that they live intensely, becomes a family home. Summer Houses, Mountain Houses, Plate Houses which are visited from time to time are not qualified as family residence.
• One of the spouses cannot terminate the rental contract of the family housing with the family member unless the other spouse has an open consent, cannot transfer the family property or restrict the rights on the family home. Your spouse may not terminate the rental agreement without your consent causing evacuation of your home, may not sell your home to someone else, may not hold hypothec on the house.
• Putting an annotation of the deed will be the right thing to do for you to protect your rights on the family housing. There is no obligation to file a lawsuit against the Family Residence Annotation and to take a decision from the Court. You will be sufficient if you go to the Deed Registry Office at your place with the necessary documents (your identity card, your marriage certificate, and the residence certificate you will receive from the neighbourhood unit).
• This is a Home and Family Residence where you live with your partner even if there is no annotation on the deed. If your spouse sells this house there may be two situations to face. If the person who buys the house knows that this house is a family residence, you can sue for a sale cancellation. If he does not know, the Goodwill of the Purchaser can be preserved and sales cannot be cancelled. For this reason, putting Family Residence annotation on the deed will definitely save you from losing your right.

The Situation of Cheating

• The marriage association established by marriage also brings sexual loyalty obligation. Deception (Adultery) is the greatest insult and infidelity against the marriage union. For this reason is an Absolute Divorce Cause. If the judge is persuaded to the presence of the adultery, it will end the marriage without any other reason.
• According to the reason of Adultery, the spouse who wants to be divorced should be able to prove this to any kind of law in appropriate ways.
• Case of adultery falls in six months from the date that such adultery is known of and the time when there has been five years due to adultery. In such a case, a divorce case can be opened by showing the ground on which the marriage union is shaken as a reason of divorce. When you open your divorce case, you will be forced to show your cause of divorce as both the adultery and the shaken marriage.
• In case of divorce due to adultery, there may be a decision to reduce or eliminate the share of the individual who committed adultery in the liquidation of the estate regime. As a rule, after the divorce, the spouses have equal worth over ½ of the value. However, if one of the spouses has committed adultery, this rate may be reduced or completely removed by the judge. Same Situation applies to cases where there is offence against life.
• Bisexual associations are not adultery. However, you can open a divorce case based on the cause of unfaithfulness or the shaking of the foundation of the marriage union.
• You can not obtain the contents of phone conversations or messages for proof of your partner’s adultery from GSM Operators. Because negotiations and messages are not recorded. On the other hand, Information Lacking on Date and Time of Speeches and Messages, You can ask this information from GSM Operators on your request by the court.
• Loyalty obligation in marriage continues in the process of divorce. If the Divorce Decision is finalized, if the Decision is made and the Appeal is filed, spouses must remain loyal to each other until the Supreme Court takes a decision. Otherwise, this situation constitutes adultery.
• One Sexual Relationship with a Person is Adequate to Open a Divorce Due to Adultery. There is no need for an emotional bond between your partner and the third person to open a case.
• Adultery Law can be proved with all kinds of Evidence (Hotel Records, Photos, Letters, Sms Messages, Witness Statements etc.). However Oath And Recognition Will Not Be Accepted As Evidence In A Divorce Case to be Opened Because of Adultery.
• One spouse getting into adultery before the other does not mean that he is more guilty than the other, and does not give his spouse the right to get into adultery. For this reason, if every partner has committed adultery, they may open a divorce order for each other.
• In order to talk about Adultery there should be the presence of a sexual relationship. Making flirts without sexual relationship even if there is infidelity, is not enough to open a case of divorce due to adultery to single persons. They can only prove the presence of the Adultery. One of the spouses is admitted as having committed adultery in such a way as to stay alone in a closed room like a hotel, in a secluded place, to taking sincere photographs, and to speak frequently and especially at night time.

One of the spouses having a mental disease

• Since the actions of a spouse with a mental illness are not addressed, they cannot be traced to a contested divorce.
• If the mental illness is in a state of incapacity and it makes the marriage difficult to endure, Mental Illness in Present Conditions is a Divorce Cause. However, the Mental Illness should be determined by the Official Health Board Report.
• In this case, you can open the Divorce Case or the Cancellation Case of Your Marriage.
• There is no obligation to wait any time. The case can be opened at any time.
• If one of the spouses has lost their mental health and their financial situation is enough, you can ask for the alimony poverty.
• If the mental disease of the spouse is a curable disease and if he does not disagree to being cured, this discomfort is not evaluated as a cause of divorce on its own.

Uncontested Disease

• If you are married again with your partner and you are divorced again, a one-year period in a Settlement Divorce will take into account the last time you married.
• If a year did not pass, it cannot be an Uncontested Divorce, but the case is not rejected. According to the Court, the investigation of whether the other divorce causes have occurred or not, whether the marriage union is undermined or not, is decided according to the Parties’ Claims and Defences.
• There is no effect on the uncontested divorce whether a yearly period is spent together or not. Even if you have never been together you can open an Uncontested Divorce Case at the end of a one-year period.
• The judge will investigate and monitor whether a year is complete in marriage.
• It must be a year from the date of marriage to the date when the case was opened. Date on which the lawsuit was filed is the date on which the petitioner’s petition was paid to the court by paying the expense.
• It is only possible through reclamation to make an Uncontested Divorce Act after the trial is opened.
• The judge decides to divorce if he considers that the divorced conditions have been fulfilled. How long the divorce will be depends on the content of the agreement you have and the workload of the inmate. It is often decided at the end of several hearings.
• If marriage has lasted at least one year, the marriage association shall be deemed to have been shaken if the spouses apply together or if a spouse accepts the case of another spouse. In order to be able to make a divorce order in this case, it is necessary for the judge to find the parties to be heard freely and to find the appropriate arrangement to be accepted by the parties in the opinion of their children and the financial results of the divorce. If these Terms are Complete, Judge will decide on the divorce.

Case of Separation

• In order to open a case due to abandonment, your spouse leaving the housing should have been occurred in dispute with the law. You can not open a divorce case due to abandonment if the separation from the common property is in accordance with the law.
• There must be a case opened for separation or divorce to allow the Court to issue a Separation Order. Divorce Reasons Should Happen. There should be a possibility of re-establishing a common life.
• If a Claimed Divorce Prosecution Divorce Proceeding is Enacted (for example, if the defendant’s wife insulted him and committed violence), the Court will issue a separation decision if it is deemed that the parties are likely to resume their reconciliation and marriage.
• If divorce cases have occurred you can only file claims related to separation. If the case is a case of separation, judge may not rule over divorce.
• The separation period is at least one year and at most three years. This period shall be admissible by the judge within the limits. The Separation Period will begin from the date of the Finalization of the Separation Decision.
• According to the law, if the marriage union is not re-established at the end of the separation decision of one to three years, Judge will take the decision of a divorce between two.

Marriage Union shaken at its core

• If your spouse is living for a long time with another husband or wife, then your partner is severely flawed. If you have a bit of flaw, it is accepted that the subject marriage has no aspect in terms of being protected and your objection is seen as using the right in a bad way. In this case, divorce is decided.
• If the defective defendant is against the divorce and this is to save the marriage, this situation does not constitute abuse of right. In this case, the case is rejected so Divorce Decision is not taken.
• In the case of divorce cases opened due to the shaken foundations of the marriage union, there should be a defect, even if small for the defendant’s acceptance of the case.
• In case of divorce which is opened due to one of the divorce reasons is rejected, if it has not been re-established in the past three years and three years from the date of the decision is passed and a common life is not built together, this is the case of shaken foundations of the marriage union. Divorce will be decided on the request of the spouses.
• Every woman has the right give birth. If your partner does not have medical necessity, you can open a divorce order on the grounds that your marriage union is being shaken in order if you are under pressure to terminate your pregnancy with emotional violence. Women who do not want to have a child can be prosecuted and a divorce can be requested for the purpose that they are shaking the foundations of the marriage union.
• The union must be shaken from the ground so that a judgment can be made by the judge. Common Life Sustainability is no longer expected from spouses. The Marriage Association should not have any valuable benefits to protect the defendant and children in the future. Age is not a cause of divorce alone. It is necessary for the difference of age to shake the marriage union to cause divorce.
• The defective Party shall not be a claimant in accordance with the Fully Equitable Court of Appeals, even if it has the right to sue.
• The divorce case must be rejected because the attribution to the defendant is possible without any possible flaws, because the defective partner is shaken by the foundation of the union of marriage. The defendant should have a flaw, even if little.
• There is no objection to appeal to the defamation of the defective minor. Objection is rejected due to abuse of right. The objections that is seen as the abuse of the right are; the objection of avoiding life together, the objection of insulting, the appeal of the decision of divorce in a foreign court, etc., in case of continuation of the marriage union, there should be no benefit in terms of protecting the defendant and the children.

Divorce Due to Actual Separation

• Actual Separation is the Absolute Divorce Arranged in the Civil Code. In accordance with this, the decision of rejection of the decision which is opened by any of the Divorce Divisions and the rejection of this Decision has been made for three years after the end of the year, for whatever reason, the Joint Life is not re-established, the marriage union is considered to have been shaken and the divorce of one of the spouses is decided.
• Conditions Required for Divorce Due to Actual Separation:

• A Rejected Divorce Case must be found,
• Rejection must be finalized.
• Must have passed at least three years after the finalization of the Rejection decision.
• After the Finalization of the Retrial Decision, the Joint Life should not have been re-established.

• The divorce is not a definitive decision by the Attorney-General of the Court. For the finalization of this decision, either the passing of the Appeal Period without Appeal or the Appeal must be approved by the Supreme Court. However, if the waiving from the case holds promise, it is the date of the waiver of the date of the settlement of the case. A decision without any law route to be applied against it is known as the final verdict.
• If you have more than one divorce with your partner, if the three-year time limit has been fulfilled for the particular case, you must open the case by taking the claim. As an example, you have opened two separate divorce cases in two separate dates. The first decision was rejected. It has not been finalized and the examination is continuing in the Court of Cassation. If the second rejection is finalized, you must open your case based on the second instance.
• Divorce Decisions Rejected Due to Disclaimer may also constitute a basis for divorce cases due to divorce. In addition, the Starting Date of the Three-Year Waiting Period in this Case is the Waiver Date.
• If you are using a surname of your spouse and you have an interest, you may be asked to give the surname of your spouse by Family Court on your request if you prove that your use of his surname will not harm your spouse.

Divorce in Foreign Courts

• The Decision of Divorce by the Foreign Court must be signed and sealed. An Apostil document should also be added to the decision. Required documents are:

• A document or annotation that shows that the decision of divorce is finalized by the foreign court.
• Turkish Translation of Foreign Court Decision. Translation must be done by sworn translator and then approved by Notary or Consulate.

• For the validity of the divorce decision taken abroad, it is necessary to open a recognition and enforcement case in the family court in Turkey.
• It is necessary for the divorce to be definitively concluded abroad for the recognition and enforcement. In these cases, it is researched whether the first judgment is in conformity with the Turkish Law.
• Even if one of the parties is not Turkish, it is not an obstacle to the opening of Turkey’s divorce lawsuit. Common Mutual Housing Law is applied in the case of Spouses in Separate Citizenship and if not, Turkish Law is applied.

Offence on Life

• The act of killing a life, a wife or a husband’s act that is done in order to kill the other spouse. It is one of the divorce causes in the Civil Code.
• Six months from the date of learning of the Offence to Life Action a case must be opened, even if not learned it must be filed in the following 5 years.
• Actions to Kill Your Relatives is not covered by this, action needs to be absolutely directed for the spouse. On the other hand, you can open a divorce case because of the crime of other divorce reasons or because of the foundation of marriage union.
• In the case of an witnessing a death hazard, Offence on life is assumed. A wife who is seriously injured after an accident can be divorced in this scope if the spouse does not take it to the hospital in order to cause death without treatment.
• To be able to open a case of offence on life based divorce, your partner should be directed to kill the act, so if it is not intended to kill, violence does not come to that Coverage.
• Even if it is expressed seriously, the death threat is not given to the right to open the case of divorce due to offence on life.

Living an Unethical Life

• Unethical Lifestyle According to the understanding in society, a certain person has been constantly living in a way that is not compatible with the concepts of honour, security and dignity. Unethical Life is one of the Divorce Reasons Regulated in the Turkish Civil Code.
• Drunkenness, Gambling, Homosexuality, Being Addicted to Drugs, to run an appointment house are deemed to be reasons to consider that an individual is living an unethical life.
• There are no specific times in these cases, but in a lawsuit that will be filed a long time after the unhealthy life ends, It is highly likely that the court will decide whether the divorce will be rejected or not.
• If your partner is found to be in a court of no jurisdiction and a divorce has been decided, the child’s parentage will not be given to a person who is unfit for life.
• You can open a Divorce Or Separate Case by showing unethical life as a basis. The judge may decide to replace the divorce in with the decision of separation if he sees a chance of reunion.
• You can open a divorce case due to the unethical life of your partner who has gambling habits and your family is going to poverty. What matters here is not that the wife does not know this situation when she is married, but the actual situation where it made the joint life insufferable after marriage.

Sharing of Property

• While the legal Property Regime is separation of properties before the year of 2002, later after 2002, legal property regime is adopted and accepted as in participating in property. For this reason, the allocation of property for the period from 1998 to 2002 (if no other regime is selected) will be implemented and between 2002 and 2005, participation in property regime will be applied.
• Jointly Acquired Property with Credit. If the spouses do not have an agreement on what the property will be, the commodity to be applied after the divorce enters the regime. If the regime is participation on property, house still resides on the spouse whoever owns it in the first place. However, this Spouse must pay a certain amount to be calculated by the Court within the framework of the provisions of the Article on the Consolidation of the Assured Goods Regime. Loans Paid Prior to the Date of the Divorce Laws Opening Acquired Goods, Paid After, Even Accepted as Personal Goods and Calculations are Made accordingly. After the divorce, the house will be liable to the borrowing of the wholly owned property.
• From the date of January 1, 2002 (if a different commodity regime is not selected) Legal Regime for All Married Couples to be Applied Regularly is participation on property regime. Properties of a spouse are as follows:

• Acquisitions earned as a result of work done,
• Social Security Or Social Assistance Payments made by the Institutions and Organizations or the Funds Established by the Beneficiary and the Similarities,
• Revenue of Personal Goods,
• Accepted Values of Acquired Goods.

• While acquired entities are listed for liquidation, personal property are not liquidated. Listed below are Personal Goods:

• Goods that are used solely for the personal use of a spouse,
• The Validity of the Goods Regarding the Beginning of a Commodity through the Inheritance of One Spouse or a Spouse Through the Inheritance or Winning in Any Form,
• Mental Retribution Claims,
• Values that take the place of personal property

• The goods you own from your family are your personal property. In the case of a divorce, your partner can not claim a deduction from the value of the personal property. However, if these Items are of Revenue, they may only claim Participation for half of this Part from the Acquired Property. For example; one of the spouses cannot claim the real estate of another spouse. However, this Apartment is accepted as Acquired Goods, and other spouse has a right to request right on this rental amount.
• As a rule, the necessity of a woman’s jewellery it is accepted by the Court of Cassation that, whoever has bought it, is the property of the woman and deemed to have been donated to the woman. If the jewellery is not possible to be refunded (in terms of liquidation etc.) their values will be returned. Personal jewellery has been classified in the Personal Inventory category. However, in the case of proving that the jewellery is used for housing needs, wedding debt, honeymoon, such as returning to various places to be given to the husband, and it was spent with the approval of the wife, the husband loses the obligation to return the jewellery.
• From the date of January 1, 2002 (if a different commodity regime is not selected) Legal Regime for All Married Couples to be Applied Regularly acquired Participation on Goods Regime. According to this, the existence of a partnership is accepted whichever of the Goods acquired in the Marriage Period. In the case of a marriage association, property other than those that have been acquisitioned personally are joined for sharing.
• According to Turkish Civil Code; Personal Property:

• Goods that are used solely for the personal use of a spouse,
• The Validity of the Goods Regarding the Beginning of a Commodity through the Inheritance of One Spouse or a Spouse Through Successive Inheritance or Winning in Any Form,
• Mental Compensation Claims,
• Values that take the place of personal property

• Acquired Goods:

• Acquisitions earned as a result of work done,
• Social Security Or Social Assistance Payments made by the Institutions and Organizations or the Funds Established by the Beneficiary and the Similarities,
• Indemnity paid due to loss of working power,
• Revenue of Personal Goods,
• Accepted Values of Acquired Goods.

• Rewards of the Participation in Goods Regime in which the Regulation of the Legal Regime is Acquired, Spouses are also entitled to choose one of the methods for sharing the property after Divorce, Shared Goods Separation or Commodity Partnership Regimes.

Child support payments

• Measured Alleviation: Judge can judge the child support payment for the benefit of spouses and minors before or during divorce.
• Poverty Alleviation: Alimony may be indefinitely indifferent to the financial power of the other side for the sake of living, provided that the party falling to poverty due to divorce is not more severe.
• Affiliate Alleviation: Protection of the Future of Children – Education After the divorce for education-training, a kind of parental child support that is required for the children of the unmarried.
• Up to three months’ imprisonment may be imposed on a non-consensual spouse. For this, however, you must first start an Executive Tracing with your partner. If you are not paid for alimony in the period required to be paid despite the notice to the attorney, you should be found in the Executive Court on the ground where you are making the Executive Pursue. There must be at least one month of child support debt between the date of the complaint.
• The imprisonment sentences given by the executive criminal tribunals in connection with the provisions contained in the Execution and Bankruptcy Law are called as Preventive Detention. Person who does not fulfil the necessities of the old decisions, that is, the person who does not pay the alimony in the determined periods, is given three months of Preventive Detention up to three months upon complaints.
• Whether if the alimony is measured, poverty or affiliate, in case of alimony not being paid, preventive detention up to 3 months is given after the complaint.
• If alimony is paid, prison sentence is lifted. In addition, even if the imprisonment has begun to be applied, the alimony debt owner will be released as long as the person pays.
• A husband or wife who is actually living with another person as if they are married, a woman who is being provided by this man may not ask for measure alimony for the woman.
• While the measure is being given, the defect status of the parties is not examined, so that measures are taken to prevent the partner from falling into a difficult economic situation during the intended divorce case, so the decision to abolish the order is not decided.
• The measure will be entitled to the date on which the lawsuit was filed, therefore, the ruling of the judge was dismissal from the date of the lawsuit.
• Even if you have already declared what you did not want before the conclusion of the trial, you have the right to request measure alimony. However, in this case, the measure will be decided from the date of the appeal, not from the date of the case against the defendant.
• During the Divorce or Separation Case, the Judge takes the necessary measures automatically during the preceding of the case. Measure Alimony is one of the Provisional Adult Measures for the Lives of Spouses. Therefore, if the conditions are violated, the judge will automatically have jurisdiction on the measure alimony against self-reliance.
• The Court considers the financial strength, social and economic situation of the spouse who allegedly alimony to be alleged. To the party who will pay child support for this reason, will not be expected to pay Child support payment at an amount that cannot be expected of him. You can appeal this decision if you think the alimony specified in the court is excessive.
• Poverty and childbearing, which are child support varieties, may be requested by other spouses who are in difficult situations even if there are no children. Parties to poverty due to divorce in the midst of poverty can seek alimony from the other side in the form of financial support from the other side for their subsistence (with the condition that the flaw on divorce is not heavier). In addition, if the economically difficult case in which the divorce lawyer is in force, the court will award a certain amount of money during the trial period as a measure against the measure. If the measure is not given to the contrary to the court, the judgment continues until it is finalized. It is absolutely necessary to be tribunal for the poverty alleviation, when the judge can make a decision without any demand for the measure.
• The Parties in the Marriage Association have the Material Benefits in terms of Existing or Expected Benefits. Parties remain deprived of these material possibilities by divorce. Here the rightful or less faulty side is entitled to financial compensation as a compensation for the material possibilities that he has been deprived of since the marriage union of divorce ends with the faulty other side. In many divorce cases the personality rights of the other side are attacked because of the events that caused the divorce. For example, the act of violence in the case of Domestic Violence acts as a divorce, and at the same time, it also suffers the personality rights of the person who committed the violence. The party with a breach of personality rights is entitled to a reasonable amount of non-pecuniary compensation from the other party.
• A lawsuit may be filed for the amendment of the amount of alimony if the parties’ financial situation changes or fairness requires it. For example, if the Alimony Creditor has begun a new job while not working in the past, the Alimony Borrower may file a case for the dropping of the alimony case. Or, if the alimony specified in the Past Time is insufficient according to the conditions of the day, as the needs increase, the Child Support Receiver can file a case with the demand for the increase of the old spouse alimony for child care.
• It is not a definite limit or criterion in determining the amount of child support. The judge assigns the Alimony Amount according to the Fairness by using the Appreciation of the Contingency According to the Social and Economic Situations of the Parties. In the determination of child support, the financial interest of the spouse who is alleged to be alive is taken into account.
• Alimony is lifted in case of a spouse marrying once more or in case of one of the spouses dying.
• A person who received alimony having an unethical life, a person who receives alimony getting rid of poverty, a person receiving alimony living with another person like husband and wife with no marriage vow (imam marriage), in case of one of the conditions existing, payer of alimony may file a case for the alimony to be lifted.

Invitation of Witnesses to the Court

• Notices are sent by the Court for their witnesses to come to a standstill and bear testimony. You have to deposit the cost specified in the court order in advance for notification. In this notification, the court is informed of the date on which the case is, the trial date and the time.
• The close relationship of the witness is not a deterrent to witness. The important thing is that the statements are truthful and consistent.
• The Witnesses cannot be decided according to the Abstract Declarations that are not against the eyewitnesses, the plaintiffs, or the non-tolerant abstract statements of the defendants. For this reason, your witnesses must have knowledge that is based on the circumstances they are witnessing to testify. For example, if you witness a constant struggle with your partner, and you witness a witness that he insults you, you should have heard of some of these fights by yourself and heard the insults.
• There is no Law Number Limitation; you can show a multitude of witnesses according to the nature of the case. However, if the judge believes that all the witnesses do not need to be heard of, it will ask you to choose two or three of the witnesses you show and listens only those.
• A petition to which you write your names and addresses of your witnesses should be given to the clerk of the court within the duration given to you by the court.

Right of Compensation

• Your spouse throwing you off the house without a rightful reason is an offence against your mental personality, or spiritual integrity. You may file a request for compensation in the court.
• Pecuniary and / or Non-pecuniary Damage may be claimed together with the divorce case or after the divorce case is concluded. Compensation may be claimed at any stage of the judicial decision, if the compensation is requested together with the divorce case. If these indemnities are not demanded together with the Divorce case, the relevant lawsuit should be filed within 1 year from the date from the closing of the divorce decision. You will not be charged for your Divorce and / or Spiritual Indemnity Claims with the Divorce Act and the Attorney’s Fee will not be charged. In this case, Only the fees Paid for the Divorce is the subject. On cases that are to be opened after the divorce case, It will be useful to express your compensation claim with the Divorce Court, since there will be other expenses of fees and attorney.
• When the amount of pecuniary damage is determined; The Social and Economic Situations of the Parties, the Power of Buying Money, the Weight of Defects, the Possibility of Meeting Financial Support by Another Way, the Woman’s Age and the Likelihood of Marriage, Average Life Span, Equity Policy will be taken into consideration. When taking spiritual compensations into consideration, The Social and Economic Situations of the Parties in Which Non-pecuniary Compensation is Determined, the Purchasing Power of the Money, and the Weight of the Action Causing the Spiritual Compensation to be Considered.

Honor Breaking Behaviour

• Your partner having humiliating conversation with other people with you gives you the right to open open a divorce case for Honor Breaker Behavior. The act of being able to open a divorce case due to Honor Crusher Behavior must be heavy. Whether the behavior is an honor breaking, the Family Court admits the characters, social situations, etc. of their spouses.
• You may open a divorce case for your own Honorary Behavior because your spouse has insulted you. You will not be treated as if it has not been done after the insults your spouse has given to you if you act as if nothing happened, the Court will see this as a covered pardon in the presence of the court and the Affiliate Party can no longer file a case based on the Honor Breaking Behaviour. For this reason, if you want to be divorced, then you should not behave in such a way that if your partner is insulting you, creating reasons for amnesty provisions.

Divorce for Crime

• Theft and Fraud are humiliating crimes. For this reason you can open a divorce case for a humiliating offense crime. However, this offence must be done after the marriage has been committed, to be able to apply for this reason.

Putting Precautionary Measures

• If the divorce proceedings are ongoing, it is possible for the spouses to demand a precautionary measure on the property as a result of a considerable degree of compromise in the acquisition of the property due to a change that may occur in the current situation or a complete worrying of the unlikely event or a loss due to delay.
• Precautionary Measure can be given for the reasons of Real Estate, Motor Vehicles, Bank Accounts, etc. Precautionary Measures Requests can be requested from an authorized and appointed court before the request for divorce is filed. A precautionary measure may also be requested from the court after the case of another misdemeanor divorce has been filed. The precautionary measure continues until the final decision is finalized.
• If you see violence from your partner, we have the right to apply to the Family Court within the scope of the Law No. 4320 on Protection of the Family. By examining the qualifications of the judge, the following measures may be committed to one, some, or all:

• The Defective Spouse not being in violence or fearful behavior,
• Removal of the Defective Spouse from the Joint Housing,
• The house being delivered to (Family Housing) to Widows and Children who have been subject to violence,
• Spouse not getting close to the House where violence is occuring,
• Spouse committing domestic violence not causing harm to objects in household,
• Violent Spouse Does not Disturb Family Members by Means of Communication,
• Spouse using violence surrendering Arms and Similar tools to the police,
• Violent spouse has not come to the joint housing using alcohol or drugs as a substitute.

Implementation of Violence

• Violence is the reason for divorce in accordance with the Turkish Civil Code. However, the Affected Party is no longer subject to divorce based on this case.
• The Causes of the Shaking of the Marriage Association; Emotional Violence, Economic Violence, Visual Violence, Sexual Violence, Social Violence and Physical Violence.
• It is Economic Violence that your partner will knowingly and willingly cause you to leave your work. You can open a divorce case on the grounds that the marriage association is shaken by this reason.
• Involvement of your partner with its own family is required by the Marriage Association. Your partner’s irresponsibility is the cause of emotional violence and divorce. You can open a divorce case based on the fact that the marriage union is basically shaken.
• It is Emotional Violence that your spouse doesn’t allow you to contact anyone because of your partner’s extreme jealousy. For this reason you can open a divorce case claiming that the foundations of the marriage union of your partner is shaken.

Subject of Child Custody

• The judge will take into account the child’s interest in deciding.
• While taking this decision, most important factor is to make sure that the child takes the least possible damage from the seperation of mother and father. According to this, the person receiving the custody must be in a situation that can meet the needs of the child in education and social life.
• In practice, the parentage of a young child is usually given to the mother. This is because the child needs more love and affection for the care of the mother. According to the case, the judge will be able to give it to the Father if it has proof that he will fulfill the responsibilities of the child better.
• The child in a proper age to comprehend things needs to be listened to the court and questioned for his ideas.
• While the Family Court is setting up the Statute of Parenthood, it is absolutely necessary to investigate the health condition of the parents. Your spouse will receive this report from Family System Specialists if he is Alcohol Dependent. This report will be used as evidence in court.

For More Information You can contact Info@Artemishukuk.Com

Real Estate Law

• We provide legal support to all our clients for the realization of the routine and other transactions of real estate law, such as the purchase and sale of immovable properties, real estate financing, usufructing, access, mortgage and so on.
• We conduct Mutual Negotiations, We Establish Proper Contracts. We Execute Management Throughout the Period of Validity After the Preparation of the Lease Agreements.
• We represent our clients at every stage of legal disputes arising out of their real estate matters.
• We conduct Assessment Studies on Land Registration and Cadastre Directorates and Municipal Registration Inspection Operations and Real Estate Status
• We provide Real Estate Investing Plan for Government Investors, Master Development Plan for Real Estate Investments, Real Estate Official Permits Examinations and then we deliver the Results of the Report to Our Customers.
• Idari and Forensic Laws which have been opened and still continuing with the immovable which is considered as investment property, We shall examine the legal qualities of the tribunals and the probation and tacitations due to this action. We present to our client all legal risks in the report.
• We create the letter of intent and the letter of agreement on receipt of the Investment Decision. We follow Sales Contracts, Revenue Preparation Models and Revision.
• We help the establishment of Mortgage and Realization of Mortgage.
• We prepare contracts related to Real Estate Sales Promotion, Flat Housing Construction and Some Real Estate Constructions.
• We solve deed cancellation and registration cases, disallowance on interference, prepurchasing, Access Right cases.
• We get to the conclusion with over 20 years of experience on cases of Price increasing, increase in value of partition and expropriation cases.
• We provide services in Mass Housing Projects, Cooperatives, Establishment and Conflict of Houses, Foundation Immovable Allocation Operations and Mortgage Transactions.
• By completing the Situation Detection Report, Legal Assessment and Risk Analysis Report, we provide the most accurate decisions of our clients.
• We use Judicial Procedures to pursue Administrative processes on Changes in the Urban Planning, and cancellations.
• We ensure that the Projects are in compliance with environmental legislation and are prevented before any disputes arise.
• We Provide Counselling and Process Follow-up on Foreigners’ Property Acquisition.

We provide consultancy services to our clients on real estate financing.

• Divorce Claims

• Uncontested Divorce Cases
  • Agreed Divorce Case
  • Preparing the protocol for Agreed Divorce
• Contested Divorce Cases
  • Shaking the marriage union
  • Adultery
  • Offence on life, Very Bad or Deplorable Behaviour
  • Crime Processing Or Insecurity
  • Abandonment
  • Mental Illness
  • Three-Year Prohibited Divorce Case

• Marriage Cancellation Cases

• Absolute Nullity
  • One of the spouses being already married during marriage
  • Being deprived of the ability to constantly distinguish one of the spouses during marriage
  • Finding a mental illness that prevents one from marrying one’s marriage
  • Being a kinship that prevents marriage between married couples
• Relative Nullity
  • Marriage Without Permission of Legal Representative of Small Or Restricted
  • Temporarily Distinguished Dating Day During Marriage of a Spouse
  • Fraud, Deception, Scare

• Separation Claims
• Corruption of Your Marriage Due to Expropriation
• Recognition Enforcement
• Permission to get married
• Claims of Judge’s Intervention

• Judge’s Intervention for Monetary Additive Determination
• The Intervention of the Judge for Separate Living
• Limiting or Removing Representative Authority
• Judge’s intervention for the replacement of the property regime
• Judge’s Intervention for the Restriction of the Saving Authority
• Intervention of the Judge for the Conversion of Spouses to the Regime of Separation of Property
• Judge’s Intervention in Protecting the Child

• Removal or Restriction of the Representative’s Right to Represent the Marriage Association
• Abolishment of Waiting Time for Woman
• Protecting the Family According to the Law on the Protection of the Family and the Prevention of Violence Against Women No. 6284
• Permission to use the surname of her husband
• Family Housing Cases

• Request for Family Housing Annotation
• Cancellation of Sale of Family Housing
• Removal of Family Housing Annotation

• The Dividing of Money and Property in Divorce

• Liquidation of property regimes
• Family Accident Prevention Case
• Participation and Value Increase Share
• Contribution Case
• Case of a Famine Open to the Detention of the Remnant Spouse’s Family Residence in the Presence of the Property Regime
• Divorced Lawsuit Against Self-Affirmation of Spousal Families Owned by the Property Regime in Case of Death
• Transition to Property Separation
• A case against the spouse of a spouse’s property
• Accompanying Spouses’ Immovable Property in Shared Property and Prevention of Hand Attack
• Prosecution of the Goods Regime after the Judgment of the Court Regarding the Separation of Goods
• Marriage Union Delayed Debts Suspended Claims
• The Reimbursement of a Spouse Other Homes
• Accompanied Doubtful Items for Decoration and Dowry
• Adult Donor Reward Case for Spouses’ Commodity Donations
• For 3rd Person by the Spouses, With the Meaning of Abandonment of Property,
• Claims on the Revaluation of the Goods to be Opened by the Loans of the Spouses
• Transfer of Property to Spouses’ Loan
• Retention of Inventory of Personal Goods Acquired in Marriage Union and Accompanying Accidents
• Calculation of the Legal Heritage Share of the Remaining Spouse, the Shares and the Participation of the Spouses in the Case of the End of the Property Regime Due to Death
• Postponement of Participation and Value Increase Payments
• Claiming Third Party Requests for Participation
• Cases related to payables between spouses
• The Case of Family Member and the Remnant of the Housewife in the Case of Ending the Property Regime Due to Death between the Spouses
• Limitation of Spouses’ Empowerment by TMK 199
• Revert to the Old Commodity Regime Due to Decline of the Causes Having Transition to Goods
• Property Regime Agreement Regulations

• Alimony Cases

• Poverty Alleviation
• Raising, Reducing or Removing Child Support Payment
• Childhood Participation Alleviation
• Removal, Reduction, Duplication of Child Support Payment

• Events related to the deterioration of the engagement

• Pecuniary Indemnity
• Compensation
• Return of Gifts

• Dossiers Related to Genetics

• Rejection of Genetics
• Recognition
• Paternity
• Adoption
• Permission to Adopt
• Appeal to the Genocide Found by Marriage
• Cancellation of adoption

• Custody Acts

• Regulation of Custody
• Replacement and Removal of Custody
• Placement of the child in a family or institution

• Actio Tutelae

• Appointment of Guardian Request
• Request for Appointment
• Responsibility of Guardians’ Organs
• Removal of Restriction and Guardianship Request
• Appointment Request of the Guardian