Divorced in the Netherlands (tazminat)

The reason I've chosen for the English language is my lack of Turkish.
I’m Turkish but born and raised in the Netherlands.

As a friend of the family I've a couple of questions for a lady whom had a divorce in june 2008.

She was married in the early ’80 (1981). With this man she has two mature children.

Recently she received a letter from the Turkish embassy in the Netherlands that a so called ‘vekalet’ is waiting for her to be picked op at the embassy. Because of the long trip to the embassy the lady decided not to head out for the embassy. After she called the ambassy she found out that she does not has to pick it up, but that the embassy will have to report this to the court in Turkey.

The question is; does she do the right thing. Does it even matter? Does she need a attorney already or will the divorce, whom is filled in the Netherlands, automatically be accepted in Turkey by the procedure the ex husband started?

The point two of the whole matter is about two houses. First I want to ad that the lady is the one whom lived in the Netherlands and whom decided to marry a man in Turkey and therefore the man is brought to the Netherlands because of her interfering and efforts.
In 1980, before they even met, she bought a house in Turkey. This house was soled in 2004 to buy a new house. Because of the new law in 2002 this automatically means that after the divorce in Turkey (with a tazminat davasi) the husband has the right for 50% of the house. Is this correct, due so because of the exchange from a house whom was her property before the marriage to be exchanged in another (new) house during the marriage?

In 1989 the lady bought a house in Turkey. She bought it with her money. She gave the authority to her father in Turkey whom sealed the deal and bought the house for her. The house was, until somewhere begin ’90 (1993), on the father’s name. Then in 1993 she put it on her husband’s name. This mean, because of the 2002 law, that the house is now of her husband. Because the most marriage goes in trust, she did not keep the administration of the transaction and the money sending to her father in Turkey late ’80. But she was the one whom earned the money. She can prove this with tax income and banking administration. The husband can’t prove that he had money back in the time. After 1993 he starts working. Is there a possibility that she has the right to that house?

Now that she chose not to go to the embassy she will not now what the request is of the husband. Probably a divorce in Turkey. This will be easy because the court in the Netherlands already filed a divorce. But maybe the husband also filed a tazminat davasi in Turkey (probably not because of the possibility that he will lose the house). But if he is that stubborn and did open a divorce & tazminat davasi, will this be a great lost for the lady? Will she be notified of the process? Shall the judge split house/property without the lady?

Lot of questions. If there is a light from ones side therefore my many thanks and respect!

With regards,

YSil

Dear YSil,

The issues that first need to get clarified are what the name of the document in Turkish embassy is and for what it is waiting for to get picked up by your neighbour. Vekalet is the general name of the document which is used for giving power/authorization to someone -or a lawyer for following up a case- and it can't be arranged or drawn up unless the principal goes for it. What I've understood from your message is your neighbour doesn't know anything regarding the content of that vekalet, let alone drawing it up.

In the light of this view, it's possible that the concerned document may be something different than vekalet(with a little assumption, might be a notice[called as tebligat in Turkish] for notifying a filed case against her in Turkish courts). Tebligat has to be received in return of a signature by the acceptor. Or, he/she will still be deemed to have received if he/she refrains from receiving it.

Her husband seems to have filed a case against your neighbour and the document(which is supposed to be tebligat) will be the key of this case to get informed of her ex husbands claims and submit her disclaims and counterclaims.

The divorce decision in Netherlands can't be automatically accepted in Turkey, but merely be executed in Turkish registry office by filing a recognition case in Turkish courts.

Aside from the document in the Embassy, your questions are both regarding the property regimes of spouses in Turkish civil law.

By the current Turkish civil code's coming into effect as of the date of 01.01.2002, spouses were regarded the right and the obligation of sharing all properties acquired during marriage. The properties which were acquired during marriage but before 01.01.2002 were naturally excluded of this rule and considered as personal property, though. All assets and properties acquired during marriage and after 01.01.2002 will be deemed to be within the context of the new property regime unless one of the spouses maintains the contrary as filing a separate case from divorce.

In light of the foregoing, the new house which was bought in 2004 shall be shared by the spouses. However, your neighbour can file a case against her ex-husband and have the entire house by proving her claims.

As for the other house which was registered on her husband's name, it's wholly the husband's considering that he had it on his name before 2002. Your neighbour can file a case for having the house back from him in this matter as well. However, her chance of winning the case is not as high as the previous issue with the reason that she seems to have donated the house with no money or anything in return and it's not highly possible to recede from a donation made long time ago.

Her husband may have filed a case for recognition of the divorce case in Netherlands before Turkish courts, compensation, allowance or anything else.

The thing that first needs to be done by your neighbour for protecting her rights is going to the Embassy and getting informed regarding the concerned document.

You can ask anything I skipped to answer or failed to enlighten you enough, if there's still something unclear in your mind.

King regards.

Additionally to the excisting baslik

Dear Tiocfaidh,

First my thanks for the quick and clear reply.

I've used the wrong deffinition. You already figured that one out, yes indeed she received a so called tebligat.

She's refusing to take the long trip to the embassy and keep asuming it's probably a court notification that with whom the husband is intenting to head up for a divorce in Turkiye.

If I understand correctly there is no easy way out the 'automaticly' register the court order such as givin in the Netherlands. But if she does not file a counterclaim then the judge may accept the claim and recognize the divorse such as given in the Netherlands?

Will she get a notification of this courts decission? (probably trhough the embassy again I suppose.)

First you have to get a divorce in Turkiye before he can file another case, is this correct? Or is there a possibility that the tebligat also has a 'dual' case; bosanma/tazminat?

To be clear, she wants this divorce but she does not want a lawyer, not want to travel and all the things which will take part. The reason lies in the history which she wants to forget. Beside that the divorce in the Netherlands took 2 years, she wants rest. If she does not get the tebligat, send a lawyer in Turkiye this will easen the process and they will be officialy divorced in Turkiye..does this have a dark side?

To be honoust there a many so called 'ince' details with which (if I asumne that there is a sort of comparable law isue as the one in the Netherlands) that she wins this thing. This forum is great. I'm happy for it's excisting but not every details can be discussed by prvacy reasons.

I thank you and for the people whom made this possible for others whom seeking help!

Bestregards,

YSil

Dear Ysil,

Your neighbour has to receive that notification sent from the Turkish court, or else she will be deemed to have received it. In this matter, she won't be aware of the claims directed towards herself from the claimant part. She may prefer not to receive it for not covering up that distance to the embassy, but she must know that her rights can't be defended and protected in such a case.

It's true that a divorce verdict in a foreign country can't be recognized and executed in Turkish registry office automatically as I've stated in my prior message. It can merely be executed in Turkey by filing a recognition case in Turkish courts.

She will need to file another case for claiming her rights on the properties you mentioned in your prior message. However, this won't be a tazminat case, but a case for the property regimes. Tazminat means compensation in Turkish and it can be claimed withing the case of divorce as well. Yet, the case for clarifying and fixing which properties acquired during marriage belong to which spouse is something other than tazminat case and has to be filed in a separate case from divorce.

To hire a lawyer in Turkey would definitely be in her favour. In this circumstance, the notifications will be delivered to that laywer and he/she will follow the case up professionally in accordance with your neighbour's benefits and interests without losing any rights.

Best wishes.