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Marriage Law

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Old 09-08-2003, 18:18   #1
Konuk

 
Varsayılan Marriage Law

I am a US citizen recently divorced in August 2003 from another US citizen.

I would like to know how Turkish marriage law regards a foriegn divorce if I would be interested in marrying a Turkish citizen under Turkish law.

Would the 300 day waiting period for women still be enforced or is the 300 day waiting period for women only enforced under Turkish divorce decrees?

If the 300 day waiting period is enforced, what measures need to be taken, if any, to eliminate this waiting period?

Thank you in advance for your time and assistance.
Old 15-08-2003, 12:06   #2
Av. Bülent Sabri Akpunar

 
Varsayılan

Alıntı:
Hi,

- If you are to marry a Turkish Citizen according to Turkish law, which means that the case contains a foreign element and thus the International civil procedure law is in question;
-The said Law, (Article 12) rules that the capacity to marry and the terms of the marriage are subject to national laws of each party;

In the light of the aforemenioned:

First of all if US law allows for to marry regardless of a waiting period than no further steps need to be taken; on the contrary you should abide by the stipulations (what is ruled by US law) prior to marry.


EDIT: Although ı am not sure, The "waiting period" shall be considered to be a "public order necessity" and the contrary provisions to Turkish law may not be applied.

PS.-Turkish law rules that the 300 day period is a necessity: the woman who is subject to the waiting period shall either prove that she gave birth a child within the said period or a relevant decision was obtained from the Court ordering that the restriction to marry is lifted .
Old 10-09-2003, 01:08   #3
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 03-12-2003, 12:12   #4
Konuk

 
Varsayılan

I have been engaged to a turkish citizen for 2 years.He has just been to visit his family in Amasya,he now tells me his family don't want him to marry an Enlish girl, but that he must stay and they will find a wife for him. He says he loves me but that he must obey his families wishes. Please help!!!!!! Thank You
Old 03-12-2003, 14:13   #5
Admin

 
Varsayılan

Alıntı:
Alıntı yapılan mesajın sahibi: Konuk
I have been engaged to a turkish citizen for 2 years.He has just been to visit his family in Amasya,he now tells me his family don't want him to marry an Enlish girl, but that he must stay and they will find a wife for him. He says he loves me but that he must obey his families wishes. Please help!!!!!! Thank You

What kind of legal help or support you are seeking is not clear to me.

If he is over 18, he can do whatever he likes and this includes his rejecting his families wishes or your wishes. If he complies one of these, this is his personal choice and I can not see a legal issue here.
Old 26-07-2004, 11:09   #6
Konuk

 
Varsayılan

a lot of things are not translated in this site and i have some pressing infos i would like to know about turkish law.
i have just got married to a turkish woman . please tell me about my status. can i apply for citizenship now? help.
Old 27-07-2004, 13:20   #7
Cest la vie

 
Varsayılan

You have to be married at least 3 years to apply for Turkish Citizenship. After 3 years, you can apply for Turkish citizenship if you prove that you have lived together with your wife during these 3 years.
So, to be a Turkish Citizen:
1) You have to be married for 3 years,
2) You have to live together with your wife during your marriage.
3) You have to apply to the offical concerned after these 3 years.
Old 14-10-2004, 06:46   #8
Konuk

 
Varsayılan

HI,i wanna get married with austrillian man in turkey and am iranian .we have a problem i can get my paper which means i am single but he cannot comeback to austrillia now he just have paper that he got divorced compeletly in march of 2004 and that letter has been send from the court of austirillia to him .and my question is ,is that paper enough for us until we can get married there or not?and if it isn t what can we do ?plz,be attention that he cannot comeback to his country now cause he has job s contract here.
sincerely
Sara Arbab
Old 14-10-2004, 07:03   #9
Konuk

 
Varsayılan

I am foreigner and i wanna get married with another foreigner in turkey and i got divorced 220 days before i wanna ask u , that law that i must wait for 300 days
after divorced still be enforced for me or not? we just wanna to get married under turkish law but we aren t turkey.and we haven t this law in our country.
thank you for your assistance
Old 14-10-2004, 14:34   #10
Konuk

 
Varsayılan

Hello,am iranian and i wanna get married with swedish man in istanbul i wanna know that what do we need to havefor getting married there?
thanks for your assistance.
Old 16-10-2004, 03:18   #11
Konuk

 
Varsayılan

hi,i just wrote my letter here in 14-10-2004 but you didn t answer me yet.can you reply me ?cause i have to check everyday this site for your answer and it doesn t possible for me cause am flight-attendant and am in the flight most of the time.
thanks in advance for your assistance
Old 31-10-2004, 08:42   #12
jean

 
Soru e-kolay

Hi I am Eng female married to Turkish man. I have my own house, I had it before marriage, we have never lived in my house together but have lived in my Husbands house, our marriage is OK? at the moment but things appear to be deteriating a little. My Question is, would my husband have any claim on my proıperty in the event of a divorce?.
Old 15-11-2004, 02:22   #13
Konuk

 
Varsayılan

I am a Scottish student doing an assignment at university and would like to know the turkish law relating to adultery and where i can find this law.
Old 15-11-2004, 11:41   #14
Av. Bülent Sabri Akpunar

 
Varsayılan

Alıntı:
MARRIAGE PROCEDURE IN TURKEY (Concerning foreign nationals):

A Turkish and a foreign national or two foreign nationals of different countries can get married only by the authorized Turkish registrar for civil marriages in Turkey. If authorized by their own legislation, the official representatives of foreign countries in Turkey can act as a marriage registrars for their own citizens. The foreign nationals of the same country can get married in Turkey either in the offices of their own countries Embassy/Consulate or by the Turkish authorities. Foreign nationals can apply to the marriage registrars in Turkey and they are subject to the same rules and provisions of the Turkish Civil Code concerning the Turkish Citizens. In order to obtain the required marriage license, marriage registrars can directly correspond with the related consulates or they can obtain necessary documents trough the Turkish Ministry of Interior.

Alıntı:

CONDITIONS AND CAPACITY FOR A VALID MARRIAGE :

a) In order to marry, a person must arrive at years of discretion which is 18 in Turkey. (but the marriage age is 17, with the consent of the relatives)

b) Only those who have sufficient mental capacity to make fair judgment are allowed to marry.

c) Those who are related trough consanguinity at first degree are not allowed to marry.

d) A married person can not apply for another marriage. A divorcee should produce the legal documents (ie: A Court Sentence about the termination of her/his previous marriage) in order to marry again.

e) A women whose marriage was dissolved can not marry during the period which is indicated in the divorce decree. A divorce decree may also state a waiting period for the parties to marry again.

f) A person can not apply if there a legal bar about her/his marriage.

g) Certain venereal and contagious diseases constitute a bar to marriage in Turkey.

REQUIRED DOCUMENTS TO APPLY :

1- Four copies of "Marriage Petition" signed by both persons who plan to marry.

2- The birth certificate or passport for foreign nationals or a document as birth certificate issued and approved by local authorities or by related consulates.

3- A health report. (If demanded by one of the parties).

4- Six passport size photographs of the persons who plan to marry.

5- A document proving the civil status of the parties who wish to marry




------------------------------------------------------------------

To Jean : The house you have bought pre-marriage is your personal belonging and thus only yours.
--------------------------------------------------

To the Konuk (Student) : The articles stipulating the adultery offence to be incorporated into the New Penal Act once negotiated and came to the agenda, however did not pass and not ratified,thus the plan to criminalize adultery annulled.

At the moment, there is not such an offence in turkey. The articles laying down adultery in the old -but still in effect till April- penal law which were abolished by the Constitutional Court in 1988 was like this: "

Alıntı:
Art. 440 : "İf a women found to have cheated on her husband should be sentenced to 6 months upto three years imprisonment"
"The ones associated in crime in the knowledge that the woman were married shall be punished in the same extent"

Art. 441 : "If a married man is found to have kept a single woman in his own house or somewhere common should be sentenced to 6 months upto three years imprisonment. The accomplice woman who has been knowingly associated in crime shall be punished in the same extent"
Old 17-12-2004, 15:12   #15
Konuk

 
Varsayılan

hi

i got married in turkey to a turkish man but then divorced him through the English courts. He wants to get married again but I haven't signed anything for the turkish courts. Can he get a divorce paper in turkey without my signature?? or can he get married over there on the basis of our english divorce. I don't want to go over to turkey again and i don't want to give him my address or new phone number.

thanks for your help
Old 26-12-2004, 18:36   #16
Konuk

 
Varsayılan

hi i need help for someone in turkey .im from u.s and my fiancee is from iran she is going to come to turkey..im 22 and she is 17 years old can some pls tell me is her age ok ,she is going to come with her mom or father to turkey..email me any one at badi703@yahoo.com
Old 05-03-2005, 15:10   #17
Konuk

 
Varsayılan

Is the 300 day waiting period still in effect? I recently heard from my fiance's Aunt that that rule was abolished, and you can get remarried in as little as 1 day after divorce. Also, is there a residency requirement to get married there? I am planning to fly there in the next couple months on a quickie visit, get married, then fly home alone to start his immigration procedures here, in the US. How long does it usually take from start to finish to obtain a marriage there? A week? Longer?
Old 11-04-2005, 11:48   #18
Konuk

 
Varsayılan

300 day waiting period is still in the law. but you may not wait it if you can prove that she is not pregnant with a doctor report . When tou have the report , you must go to the court. you don't need generally aresidencde requirement. I cant give you a certain time to finish the marriage procudure.
Old 12-02-2006, 11:02   #19
Konuk

 
Varsayılan

Hi, I am from Azerbaijan and I am going to marry a turkish man.
Although my previous marriage ended three years ago, my official divorce happened only three months ago. I want to come to Turkey at the end of March to get married. I understand that a required 300 day period is not over yet, but I was told if an appropriate report from the doctor , that will prove I am not pregnant can help to avoid this 300 day period and would allow to get married without waiting. Is that correct?
My another question is what document I should have with me, should they be translated in Turkey, or it is possible to translate them here in Azerbaijan, if yes, where they can be validated.
Can my husband apply for a marriage himself? Because I work here and can come only for a short period of time, so can he apply for a marriage and myself to come only for the marriage date, how long does it take? Will my daughter (9 years old) be able to get a residence permit, because I am planning to live in Turkey with my future husband,
thank you very much,
Aydan
Old 06-08-2007, 15:23   #20
Konuk

 
Varsayılan a foreigner to marry a turkish man

a friend of mine is planning to marry a Turkish man and live in turkey, she is not Turkish, he was married and now the divorce case is in court (still no decision has been made by the judge) he told her he would marry her in the religious court (they are both muslim) and he will marry her in a civil way when his divorce is final.

is this legal? will she have any rights as a wife? what about if they have children, will they be legitimate? how long do divorce procedures take until they are final?
Old 31-08-2007, 16:28   #21
Konuk

 
Mutlu Im going to be 18 in September, can I get married in Turkey

hi. Im from Mongolia. and Im going to be 18 in September.. So is it ok if i get married? My fiancee is doing his army in turkey Bursa... And im coming to turkey to get married and go back to Singapore (currently im studying my diploma In unversity in singapore) So im student in here... is it ok if i get married ? i mean is it ok if 18 years old student get married?? can somebody please help me.... finally_sevgim@hotmail.com Thanks

Much love, Undraa
Old 08-10-2007, 22:36   #22
Konuk

 
Varsayılan Marriage Law

Hello - I'm English, my Turkish husband and I are legally married(23years), but separated. After 10 years of marriage and living in Turkey, he had told me he was not happy in Turkey, for me to return to the UK and that he would follow later, but he never did and did not allow me to return to Turkey. I am going to file for divorce. Am I entitled under Turkish law for any alimony since I am still his wife?. He has another wife in Turkey whom he married after I left Turkey, but that marriage is not legal, will courts count her as a dependent of his?
Old 12-10-2007, 17:43   #23
Konuk

 
Varsayılan Marriage Law

Please someone advice me, married Turkish husband in Australia 11 years ago, 2 years later we moved to Turkey because he got in trouble with the law (was arrested for assault and released on bail, but never returned for his trial hearing).

Even though he was running from the law, I agreed to the move for fear he would go to jail and because by then we had a child. But 3 months after arriving in Turkey, he said he was not happy with me in Turkey and he sent us back, literally disposed of us without even asking me or working out any separation/divorce agreement. I have not seen or heard from him in about 9 years. Do I have any rights to alimony and child support?. I am not certain since we only lived together 2 years,also,can I just divorce him in Australia, will the judgement by an Australian court be enforceable in Turkey, and how would an Australian judge base his decision with respect to financial obligation when my husband will not come to Australia due to his legal problem and would never agree to submit his financial information?. Must I come to Turkey if I want financial support?.I am not rich and don't know that I could afford 2 lawyers...also I would be afraid for my safety in Turkey as he threaten me once and said he would transfer all his money to family members.

I did not go after him before because I was able to manage, but recently I lost my job and I need some help until I can get back on my feet.
Old 14-10-2007, 20:42   #24
Av. Balkan Tunalı

 
Varsayılan marriage

Madam
What I understood is your husband married another woman in Turkey and he does not want you go Turkey. First of all double marriage is forbiden according to civil code. So he is unable to marry two woman at the same time.
If you or your attornet set up demand for prosecution the prosecution service will commence a investigation on him.
Secondly the statue of your husband's new wife depends on few criterias. Whether she knows or able to know that her husaband had already been married before the marriage or during the marriage.
Old 30-10-2007, 05:57   #25
Konuk

 
Varsayılan Lola

I have been married to a Turkish man for almost one year now and I want to get a divorce but I don't want to go back to Turkey to do so. Is my marriage even legal here in the U.S? What can I do to revoke this marriage?
Old 30-10-2007, 18:40   #26
Av. Balkan Tunalı

 
Varsayılan

dear lola
I have few questions whose answers are quite important for the answer of you question.
where did you mary him?
when did u marry?
why do you want to divorce?
do u have commen children?
i know that these questions are strongly involwe your private life . However, the responds are so important..
balkan tunali
Old 30-10-2007, 20:05   #27
Konuk

 
Varsayılan Marriage Law

Lola: Assuming you had a legal marriage, regardless whether in Turkey, UK, etc., yes, your marriage is valid and recognized in the US,just like Turkey would have recognized the marriage if it had taken place in the US, UK,etc. Even if marriage was not registered in the Estates, you are legally married so ensure you do not remarry without divorcing first, if you do, you would be committing bigamy.

You do not have to go to Turkey for a divorce, you can file from the US and obtain a judgement from an American court, especially since you have no intent of returning to Turkey. Try expertlaw forum, this might be more suitable to your needs. If you are considering an annulment, this would be way more expensive, difficult to prove and lenghty so just file for divorce.

I too married a Turkish man (in Turkey) and filed for divorce in the US without any problem. He was deported
from the US for visa fraud.

Good luck.
Old 21-01-2008, 18:49   #28
Konuk

 
Varsayılan US Marriage to Turkish National

I have known my fiancee online for a little over a month now. He is a Christian Turkish National and proposed marriage - we will be married on Feb. 24th, two months after we met, in the U.S. My question is: his visa expires in June and he wants me to "visit" Turkey to meet his parents. What rights do I have in Turkey as his wife - for example: if he wants to stay in Turkey and not return, how difficult would it be for me to return to the U.S.? Also, could he divorce me in Turkey without giving me any alimony or compensation? In the U.S., would his marriage to me be considered a "marriage of convenience" because of the short time between our initial meeting and marriage? If so, what rights would he and I have under US law - would it decrease his chances of being granted US citizenship or a continuation of his visa?

Thank you. Lots of questions.
Old 30-03-2008, 18:58   #29
Konuk

 
Varsayılan

i want to divorce my turkish husband, but i want to know on what grounds can you get a divorce?

please help?
Old 02-04-2008, 13:41   #30
Konuk

 
Varsayılan Divorce

Dear lawyers,

I am a Norwegian citizen who married a Turkish citizen in Ankara in 1992. We have been living in the Netherlands since we got married.
Now we are getting divorced. My (ex)-husband has been working for an international organization in Nl for more than 20 years. I have been a housewife since we got married.
We rent a house in NL and do not have any property here. My (ex)-husband has sent all the money that he has saved to Turkey and he would never let me know what he has done with the money, whether he is keeping it in a bank, if he has invested in real estate etc.
What rights do I have in Turkey as his wife? Are there any real estate registries, other registries, tax directorate, banks etc. where I can get information about his investments and financial situation?
I would appreciate hearing from you as soon as possible.

Kind regards
Anita Ozer
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