Konu: Divorce
Mesajı Okuyun
Old 15-04-2016, 15:52   #123
Av.Kadir ORUÇ

Varsayılan A Few Questions

Yazan Konuk
I am a Canadian who has been married to a Turkish man since 1998 and have one child with him. I have recently been notified that he has started divorce proceedings in Turkiye where we were married.

We have been separated for over 14 years now. The initial reason for separation was that her pulled a knife and threatened me. After we separated, he left our city of residence in Canada for another, met and married a British woman religiously and now lives in the UK with her and their children.

I do not consent to divorce on the grounds of irreconcilable differences. Am I able to counter-claim on grounds of desertion, cruelty or adultery?

Also, can I ask the courts for him to reimburse me for student loans that were taken out in my name for him to pursue post-secondary studies? (at the time he was not a Canadian citizen and could not receive student loans).

I am aware that he owns property in the UK and in Turkiye that more than likely has been put in his religious wife's name or in other family members names. How does one prove he is hiding assets?

Custody was granted to me in Canada 14 years ago, does he have the right to challenge the Canadian custody order in Turkish courts during divorce proceedings? (My daughter has always lived in Canada with me)

Lastly, am I able to ask for financial support for myself after such a long separation? For years I did not know his whereabouts and it was only through some internet detective work I was able to locate him in the UK and have a child support order obtained in Canada enforced. If financial support is granted by Turkish courts and he does not comply, can it be enforced in the UK by the Turkish officials as it has with Canadian officials for his child support?

I would be grateful for any insight anyone might have on any of the above mentioned questions. Thank you.

Dear Konuk (Guest),

First of all, if the petition of lawsuit has been notified to you “formally”, there will be some legal effects of it. If you haven't answered the petition, that means you deny all the facts set forth in the petition. But normally any defendant has a right to answer the petition and submit his/her evidences or evidence list within two weeks after notification.

If you have been notified of the case formally and missed the answering period, you have a right to submit your evidences to the court until the first (preliminary examination) hearing at the latest.

If you neglect to answer or submit your evidences, the proceeding will continue with the evidences of the plaintiff. So as a general rule he must prove his assertions (that you are faulty, or at least you have fault beside him) in being shaken of the marriage.

You can submit your counter-claims beside your defences in the divorcement case opened by your husband. Besides, you can open another case (or counter-case within due time) against him. One of the courts must unite the two cases. It may reject the first one and may accept the second one after hearing both of them.

I also think that you can even start divorce proceeding in Canada or in England beside Turkey. These are the issues of "private international law" and "conflict of laws" you had better to counsel to the lawyers in your country.

The verdict granted you in Canada about custody, has to be approved by a Turkish court in order to be effective in Turkey. Then it must be submitted to the court which proceeding is being held against you so that the court doesn't render a new decision about the child custody.

But alteration of custody by the court is possible any time according to the best interest of the child.

Turkish authorities have no power in England in execution of a verdict rendered by them. You must make them approved by British courts (I am not sure about their procedure though) in order them to be effective there and the decisions may only be executed by British authorities.

You can claim compensation for your material and spiritual damages and alimony for yourself in divorcement case (please click here: http://www.turkhukuksitesi.com/serh.php?did=12514) until the decision is rendered. But it is in discretion of the court according to the situations.

I do not think you can do anything legally about the properties you mentioned and registered on the name of other persons.

In Turkey, if child support debtor does not fulfil his or her obligation, he or she is punished upto three months imprisonment upon complaint of creditor. I do not know if there is such a practice in England.

I must remind you that you must not depend solely upon the information given here.

As a result, I advise you to appoint an attorney competent in family law for the case in Turkey and counsel lawyers in Canada competent in family law and private international law about all these matters.

Best regards.

Kadir ORUÇ