Mesajı Okuyun
Old 10-04-2016, 16:45   #43
Av.Kadir ORUÇ

 
Varsayılan Claim During Divorce

Alıntı:
Yazan Konuk
Hello,

Our marriage was registered in Kazakhstan and attested through the embassy of Turkey in Kazakhstan. A child was born and live in Kazakhstan too. Do I have right to claim property in Turkey during divorce and what will be the share? How is it possible to verify which was property is registered on his name? How to file for financial support in Turkey?

Thanks

Dear Konuk (Guest),

First of all, where will you start divorce proceeding and case for dissolution of separation of property regime? In Kazakhstan or in Turkey? And which law is going to be applied in divorcement and dissolution of property regime case? "Kazak" or "Turkish" law? And since you have made marriage in Kazakhstan, what is your “marital property regime” ? "Separation of properties" regime or "any other" regime? Your claim for property may change according to the law to be applied (Kazak or Turkish law) and according to your "marital property regime". (Please click here: https://en.wikipedia.org/wiki/Matrimonial_regime)

I think in Turkey, you may learn whether your husband has any immovable property or not from any Directorate of Land Registry and if he has any car etc. from any Security Directorate.

In Turkey, any plaintiff woman may claim financial support (alimony) for herself and child support "in" divorcement case.
So its better you to get opinion of a lawyer in all these issues because they are primarily related to “conflict of laws” (please click here: https://en.wikipedia.org/wiki/Conflict_of_laws) and that makes the matter more complicated.

Best regards.

Kadir ORUÇ
Attorney