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I am an Australian citizen. I married my Turkish husband in Istanbul in 1995. He left me two and a half years ago to live with another woman. I wish to get divorced but before I do, I need to know whether
1. I have to go to Turkey to do this?
2. I have no money but have assets which I own in partnership with my family and all of which were acquired at least 15 years before I met my husband. How do I stand with division of property" Does he have any claim to any of my joint family assets? (I have not divorced yet because under Australian law, he does)
3. He has not supported me or the children for over 10 years; in fact, I have supported him. Does he have any claim to my income?
4. I have total custody of the children, given to me by an Australian court. Does this still stand in Turkey?
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Dear Madam;
i would like to answer your questions very briefly.
1.if your husband is living with another woman, i suppose he shall agree to devorce too. In that case it will be a conventional divorce. According to Turkish Civil Law, Judge should listen both sides to believe their actual intent and their economic condition and childrens' condition in conventional divorces.
2. Your husband can not bring any claim about your family's assets as you have married before 2002. That means you belong to the provisions of previous Civil Code and the property between husband and wife is deemed to be seperate as to the previous Civil Code.
3. If he has not supported you for these years after he left you, his claims about alimony(if there is) would result with repulse. as you have the children, you can ask for alimony before the court because you have more reasons for moral support than him.
4.The custody for children you have taken in Australian court will not have an effect in Turkey. If you want to come back to Turkey and live according to the Turkish Law, it is better u claim custody at the same time you bring your divorce suit.
Regards,