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Divorce

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Old 01-11-2002, 10:04   #1
Konuk

 
Varsayılan Divorce

I have a question regarding marriage and divorce in Turkey. If a man and a woman get married in Turkey and then get a divorce after 10 years of marriage, what does the turkish law say about their property and belongings?

How is it divided between the two parties?

I know a case where the man simply refuses to let the woman get anything at all.

Please help me with this one!!!
Old 19-11-2002, 13:38   #2
Konuk

 
Varsayılan

Please check out the thread 'help please-marriage' as relating with your question.
Old 24-01-2003, 11:11   #3
Konuk

 
Mutsuz

According to new regulation in Turkish Civil Law, couples married after 01.01.2002 will share the belongings that they had after marriage when they are divorced. If the date of the marriage is before 01.01.2002 the couples have to make contract about sharing rules of belongings.
Old 12-02-2003, 21:55   #4
Konuk

 
Varsayılan Divorce

I am a Turkish Citizen living in the USA. I am married to another Turkish citizen. We are getting divorced in a US court. We have agreed on joint custody of our 6 yo daughter. As far as I understand there is no such thing as joint custody in Turkish law. When our divorce decree is presented to the Turkish courts what will happen to the custody issue? What is my chance of getting full custody as the mother although I agreed to joint custody in the states? The child is a dual citizen but we are only Turkish citizens.
Old 19-02-2003, 13:59   #5
av.sehnaz

 
Varsayılan

Yes, there isn't joint custody in Turkish law.
Also you must divorce in Turkey too because you are Turkish citizens and for valid your divorce decree in here .
When you divorce in here you will have big chance to getting full custody although I need somethink another information about you.

Av.F.Şehnaz Veziroğlu
av.sehnaz@turk.net
Old 15-07-2003, 04:19   #6
amanda

 
Varsayılan Divorce

my english friend married a turkish man in turkey. He has since disappeared somewhere and my friend would like a divorce. Can she get a divorce without having contact with him? How would she go about getting a divorce?
Old 16-07-2003, 14:24   #7
Av. Bülent Sabri Akpunar

 
Varsayılan

She should bring a suit against him before the competent court.She may first of all rely on the ground set forth by the Civil Code as "desertion" .I suggest her to seek assistance of a Turkish attorney for further clarity.
Good luck
Old 10-09-2003, 01:10   #8
Konuk

 
Varsayılan

I am an American military attorney who is putting together a
publication to assist other U.S. military attorneys serving in Turkey
based upon my experiences in Izmir for 2.5 years.

I am lacking a few citations. If you could provide me with the
proper citation to the T.C. Rezmi Gazette with date of publication I
would be grateful.

The first citation is to the "Law Concerning Foreigners' Privileges
and Obligations".

The second I have listed as "The Law Regarding Private International

Law" that relates to the recognition of foreign decrees in Turkey.

The third, I have no reference to, however, I have a note that
states that parents may consign children to orphanages temporarily
without relinquishing parental rights and may retrieve their children at

a later date if family conditions improve.

If you could provide me with citations for these statutes, I will be

grateful. If you cannot, can you direct me to a source, in English,
that could do so.

Thank you for your assistance and cooperation.

Colonel Mark P. Ort
(614) 863-6220
Old 05-03-2004, 12:38   #9
Konuk

 
Varsayılan

dear sirs

my Turkish husband and I married two years ago in England. Unfortunatly our marriage has failed and he is divorcing me.
We have managed to stay friendly for the sake of our son.However my husband has not told his family and wishes for us to visit them as a family.
My concern is to his rights as a father in turkish law.We do have a Aile cuzdani and i have a kimlik
I would like my son to see his Turkish family but am worried he would have a right to keep him.
Could you please help me.
yours sincerely

mrs J Erdem
Old 26-07-2004, 16:29   #10
Konuk

 
Varsayılan Divorce - Completing Proceedures

Greetings,

Several months ago I (UK citizen) and my ex-wife (Turkish citizen) got divorced. We went to court, agree to divorce on the basis of "siddetli gecimsizlik" and the judge granted the divorce. We signed something in the court at the end of the trial and paid a small sum of money to the court. About two weeks later I received and signed for a document from the court, a photocopied version of the court's decision.

Someone recently mentioned that after receiving this document I have to go to the court and sign something else to finalize the divorce. I'll be leaving Turkey very soon and so I would like to make sure all loose ends are tied up. I have no plans to get married at the moment but in case it does happen in the future I want to have any documents ready without the necessity of returning to Turkey.

What is left for me to do to complete the divorce proceedings? Is there some form of decree absolute that I need to pick up somewhere or is that what the document I receive is?

Thank you for any advice.
Old 27-07-2004, 13:46   #11
Cest la vie

 
Varsayılan

Except court decision, you don't need anything else. The court decision is enough to prove that you have been divorced.
The divorce proceeding has ended. But be sure that your wife hasn't taken your case to Supreme Court.

Good Luck!
Old 01-09-2004, 12:23   #12
melek

 
Varsayılan

i would also like info on this
Old 05-10-2004, 18:29   #13
Konuk

 
Varsayılan

konuk
I can give you a response, but I think you are out of the moon. If you appear soon, I can answer to you.
Old 24-11-2004, 20:32   #14
Konuk

 
Varsayılan

I think if i get a residence order and decree nisi from the English courts I then have to get it approved by the Turkish courts.Someone told me this can be done via the Turkish consulate in London.
Erdem
Old 29-11-2004, 18:46   #15
Konuk

 
Varsayılan

hi if i want to file for divorce im english and she is turkish..what are the grounds for divorce and how long the government will grant my divorce?how long should i wait to marry again?
Old 29-11-2004, 18:50   #16
Konuk

 
Varsayılan

hi i want to ask how long a divorce in turkey is granted?should i wait for one year to know the result?if i want to marry again when can i marry again..iam a uk citizen and she is turkish..what are the grounds for divorce?
Old 29-11-2004, 19:00   #17
Konuk

 
Varsayılan

hi i am uk citizen and wants to divorce a turkish woman..how long will it take to process divorce in turkey?and what are the grounds?how much it will cost?we have joint account savings money, can i have my share?
Old 08-12-2004, 14:17   #18
Av. Bülent Sabri Akpunar

 
Varsayılan

The process of divorce depends on the strictness of the evidences and the grounds.But almost, unless it is a bilaterally arranged divorce which may conclude in one trial, the divorce proceedings last more than 4-5 months.
The grounds for divorce in Turkish law have been mentioned in another topic of this forum and ı suggest you to make a little search.
The costs are composed of the court charges and the fees for the attorney.Charges are petty but the fees of the attorney shall be fixed as to the arrangement between.

You can have your share for the joint belongings.
Old 17-05-2005, 22:51   #19
Konuk

 
Varsayılan

dont worry a turkish would never keep his son from his mother..well..u can feell well abou this..dont be worried..sinceraly
Old 11-06-2005, 09:23   #20
Konuk

 
Varsayılan

my wife and i met here in engloand, fell in love and got married under uk law. she is turkish and i am also a feoreign national. now under the complexities of turkish matrimonial laws, is our marriage valid...even in turkey?
Old 28-09-2005, 19:12   #21
Konuk

 
Varsayılan

Is it true that if one files for divorce in Turkey, one may not cancel the divorce action or withdraw the petition for divorce? And that if one withdraws the petition, one may never file again?
Old 03-10-2005, 14:49   #22
Konuk

 
Varsayılan

Hi. My long term partner is a Turkish Citizen but lives here in England, where we met. He is married in Turkey but has not been home in 6 years. Please could you provide me with information as to how to go about him getting a divorce. He is worried she will run off with the children if he gets a divorce. Please advise me. Thank you.
Old 09-10-2005, 21:09   #23
Konuk

 
Varsayılan

hi
i am iraqi man married to a turkish women and she said that she will make the divorce and i really dont like to divorce her can she do the divorce alone or i should be there
and if she make it how i can know that she make it
Old 17-11-2005, 13:45   #24
Konuk

 
Varsayılan

hi,
i met and got married to my turkish wife in england. i am a foreign national living here. we have been married for close to 2 years now. when can i apply for turkish citizenship?
Old 01-06-2006, 14:44   #25
Konuk1

 
Varsayılan divorce in turkey

i just got divorced in USA...how do I get a divorce in turkey? we are both turkish citizens now living in USA.
thanks.
Old 17-06-2006, 12:05   #26
Den isveccia

 
Varsayılan which country law is valid for us?

Hello,me(swedish citizen)and my birlikte oturan (turkish citizen) is planning to marry,we live in sweden,and she will be swe citizen one year later,she will have dual citizenship.We will marry in turkey,in a "town city hall".IF we will divorce one day in our life,what laws will be suitable for us?swedish laws or turkish laws?
Is there any problems to get divorced because of marrying whithout any religion involved?or is it better mabyee?Is there any civil rights that say that i have to support her economical untill she marry next time?Do we have to go turkey to make the divorce?
Old 19-06-2006, 12:22   #27
Av. Bülent Sabri Akpunar

 
Varsayılan

Please find below the answers in order of the date of questioning;
Alıntı:


my wife and i met here in engloand, fell in love and got married under uk law. she is turkish and i am also a feoreign national. now under the complexities of turkish matrimonial laws, is our marriage valid...even in turkey?


1. Your marriage is valid even in Turkey.
-----------------------------------
Alıntı:
Is it true that if one files for divorce in Turkey, one may not cancel the divorce action or withdraw the petition for divorce? And that if one withdraws the petition, one may never file again?

2. One can withdraw the petition for divorce, this is not true he/she may not file the case again neither.
------------------------------

Alıntı:
Hi. My long term partner is a Turkish Citizen but lives here in England, where we met. He is married in Turkey but has not been home in 6 years. Please could you provide me with information as to how to go about him getting a divorce. He is worried she will run off with the children if he gets a divorce. Please advise me. Thank you.

3.Your partner may file the divorce case and the issue of the custody shall be decided by the judge.The sole decision of divorce does not grant with one spouse to take the children, unless the custody question is resolved by the Court'.Also one who has been deprived of the custody has got the right to establish personal relations with the children.
------------------------------------------------
Alıntı:

hi
i am iraqi man married to a turkish women and she said that she will make the divorce and i really dont like to divorce her can she do the divorce alone or i should be there
and if she make it how i can know that she make it

4.She may not get a divorce decision on her own, at least you would have been notified of a case of divorce without which the proceedings could not continue.
---------------------------------------------------

Alıntı:

hi,
i met and got married to my turkish wife in england. i am a foreign national living here. we have been married for close to 2 years now. when can i apply for turkish citizenship?


5.You may acquire Turkish nationality by applying for the Turkish Consulate in case you met the requirements below:
-you have been married for at least 3 years,
-you are "actually" living together,
-you are currently married
----------------------------------
Alıntı:


i just got divorced in USA...how do I get a divorce in turkey? we are both turkish citizens now living in USA.
thanks.

6. You can appy for the competent Turkish Court for the enforcement of the divorce decision decreed by the American Court.You will need the assistance of a Turkish Attorney.
----------------------------------------


Alıntı:

Hello,me(swedish citizen)and my birlikte oturan (turkish citizen) is planning to marry,we live in sweden,and she will be swe citizen one year later,she will have dual citizenship.We will marry in turkey,in a "town city hall".IF we will divorce one day in our life,what laws will be suitable for us?swedish laws or turkish laws?

7.Imho, law of the common residence, as you have mentioned to be Sweden, Swedish law will be applied for your marriage.Religional marriage is not a stipulation nor a necessity in Turkish law, just an optional ceremony for religious people.
Old 05-07-2006, 18:51   #28
hgorshe5

 
Varsayılan Divorce in Turkey

I have a few questions regarding divorce in Turkey. I am an American wanting to marry a turkish man.... But there is a snag... My Turkish man and a German woman were married in Turkey then moved to Germany. Things did not work out. They are divorced in Germany. My Turkish man goes back to Turkey to live. I realize he is still married in Turkey because they registered their marriage there....
My questions:
What does he have to do to get divorced?
Is this expensive? Do you know approximate price?
How long does this formality take?
And once the divorce is finalized, is there a waiting period to get married again?

Thanks for your help.
Old 06-07-2006, 15:20   #29
Tiocfaidh

 
Varsayılan

Alıntı:
My questions:
What does he have to do to get divorced?
Is this expensive? Do you know approximate price?
How long does this formality take?
And once the divorce is finalized, is there a waiting period to get married again?

Thanks for your help.


Hello, i've graduated from the faculy about a month ago, i don't know the practical process of law in the courts as well as the other users who have been executing attorneyship for a long time, but i'll try to help you by what i learned from my theoretical books.


The decision of foreign courts can not be automatically recognized in Turksh law. You have to apply to the Turksh courts for the recongition of the decision of the German court. The entitled court that you will apply is the one where your Turkish citizen husband's domicile is. You will have to add some documents in your petition while applying to the court. These are mainly;

the writ of the German court's decision and the formal translation of it. The document of the German adminstrative units' confirmation that makes the decision of the court absolute and its formal tranlation.

When you apply to the Turkish court for making the German court's decision recognized, it will be be recognized after a short while unless you commit documents lack of i counted above. You can freely get married with your Turkish man after the recognizing decision of the Turkish court.

The other experienced attonneys of the forum know it better than me if it's expensive or not to hire a lawyer for this process. But in my opinion, it wouldn't be that expensive to take the recognization decision of a court that may be given even in just a single session(but of course the other members know it better than i do)

The waiting period is needed for only women after their divorcements and that's 300 days from the day when the divorcement decision is given. But men don't have to wait this period for getting married with another one after their divorcements, so you can get married with your Turkish man just after the Turkish court's recognizing decision.

I hope i could help you a bit, i would be pleased to answer if you have some more questions to be asked

King regards
Old 26-09-2006, 14:59   #30
Slavka

 
Varsayılan Divorce

Good afternoon, I would like to ask some informations about divorce in Turkey. Im married with turkish man and Im slovak. We had just a civil wedding in turkey and my marriage is valid just in turkey not in Slovakia.
I would like to ask that if It possible to get a divorce that I will not fly to Turkey.Is there any chance to apply for divorce cross Turkish consulate?
me and my husband agree with divorce.
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