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Divorce

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Old 27-09-2006, 11:34   #31
Tiocfaidh

 
Varsayılan

Dear Slavka

If your marriage is valid in Turkey, you will have to get divorced considering Turkish civil code. According to Turkish law, husband and wife both have to be in the presence of Turkish judge in Turkish court, so that he/she can listen to the wife and husband about the issues(the guardianship on children, the share of assets regime, subsistences[if demanded] and etc..) they agreed on(This is only needed on divorcements by agreement) before giving decision.

Consulates can sometimes help people for marriages in abroad, but they are not entitled for giving divorcement decisions which can be given by only independent judges in Turkish courts.

Therefor, you and your husband will consequently have to be in Turkey for this divorcement.

King regards
Old 27-09-2006, 14:27   #32
İzzet Hamle

 
Varsayılan

What does he have to do to get divorced?
have the divorce judgment passed by the german court recognised in turkey

Is this expensive? Do you know approximate price?
istanbul bar set approximately USD 2,000 for such a case,
which is of course subject to negotiation between the client and the lawyer.

How long does this formality take?
three-six months approx.

And once the divorce is finalized, is there a waiting period to get married again?
no...

info@hamle.av.tr
Old 27-09-2006, 14:36   #33
İzzet Hamle

 
Varsayılan

I would like to ask that if It possible to get a divorce that I will not fly to Turkey.

it may be possible. you may find yourself a lawyer, agree on the fee, grant him/her a divorce power of attorney,sign the divorce agreement, inform your husband and the lawyer of each other's contact details, and the rest would be handled by your lawyer.

info@hamle.av.tr
Old 27-09-2006, 19:43   #34
Tiocfaidh

 
Varsayılan

Alıntı:
Yazan I.C.H
I would like to ask that if It possible to get a divorce that I will not fly to Turkey.

it may be possible. you may find yourself a lawyer, agree on the fee, grant him/her a divorce power of attorney,sign the divorce agreement, inform your husband and the lawyer of each other's contact details, and the rest would be handled by your lawyer.

info@hamle.av.tr

Excuse me Mister, but are you sure that she can get divorced while staying in Slovakia by only signing an attorneyship contract with a lawyer? There's written the other way around in Turkish civil code 166/3. Husband and wife both have to be in the court to be listened by the judge before getting divorced, if they demad to get divorced by agreeing. Please correct me if i'm mistaken.

Thanks
Old 28-09-2006, 10:46   #35
İzzet Hamle

 
Çözüm

Alıntı:
Yazan Tiocfaidh
Alıntı:
Excuse me Mister, but are you sure that she can get divorced while staying in Slovakia by only signing an attorneyship contract with a lawyer? There's written the other way around in Turkish civil code 166/3. Husband and wife both have to be in the court to be listened by the judge before getting divorced, if they demad to get divorced by agreeing. Please correct me if i'm mistaken.

Thanks
dear tiocfaidh,
i regret to remind you that you should refrain from looking into the matter narrow mindedly... if both parties agree to divorce, one of them may not be present at the court... please read my words carefully; "it may be possible!" the rest would be handled by her lawyer means, he would suggest to employ two witnesses so that the requirement set forth in Article 166/3 does not prevent the divorce. as honorary hirsch said, do not blame the law but your knowledge if you think that the law prevents you from defending interests of your client. lastly, would you be so kind as to stop adressing people as "mister", it is relly disturbing.
your sincerely,
info@hamle.av.tr
Old 28-09-2006, 11:47   #36
Tiocfaidh

 
Varsayılan

Alıntı:
Yazan I.C.H
lastly, would you be so kind as to stop adressing people as "mister", it is relly disturbing.
your sincerely,
info@hamle.av.tr

I didn't know that I was being disturbing while calling you Mister, this is what modern people use to call other modern people while addressing. Anyway, I'm sorry for disturbing you(although i don't know the reason why you were disturbed..)

Alıntı:

if both parties agree to divorce, one of them may not be present at the court...

We are talking about two parties who submitted to the court that they both agreed on divorcing in their petitions, but not about any other reason stated in Turkish Civil Code. In this kind of case that's brought in court after parties agreed, husband and wife both have to be present in the court so that the judge can listen to their seriousness level at divorcing and the points they agreed on.

Please, you read my sentences more carefully and check the article 166/3's lines about agreed divorcements by both parties.

Alıntı:

as honorary hirsch said, do not blame the law but your knowledge if you think that the law prevents you from defending interests of your client.

As my grandfather always said, do not humiliate the other one if he/she defends the opposing camp of your case or disagrees on something with you(like naming him or her as looking into the matter norrow mindedly). It's you who should be humiliated if you are acting arrongant.

I'm stopping here because I don't want to personalize the discussion between you and me, I drop by this forum section just for advising foreign people who ask questions about Turkish law. But to lecture a Turkish citizen(who is as old almost as my father) about how to act politely and gently is not my business here.

Your sincerely, Dear I.C.H
Old 28-09-2006, 12:45   #37
İzzet Hamle

 
Mutsuz

Dear Tiocfaidh,
Honestly, I didn't mean to "humuliate/name" you while saying not to look into the matter narrow mindedly. Apolgies for any inconvenience. Let me put it another way. We should look into all aspects of the issue.In my opinion, the main issue is whether it would be possible have a divorce judgment without her presence at court. Since husband agrees to divorce, her lawyer can initiate proceedings based on the divorce agrement, and with two witnesses,they can obtain judgment easily. Best regards. ICH
Old 29-09-2006, 13:07   #38
Tiocfaidh

 
Varsayılan

Dear I.C.H

I was just trying to help Mrs Slavka as answering her question on divorcing by the 'agreement of the parties'. I completely agree with you that parties may get divorced while Mrs Slavka is staying in Slovakia, if her husband sues her to divorce due to extreme incompatibility and the case may be even ended in the first session if they assign two witnesses of their incompatibility. I'm sure that the lawyer who they will hire will consider this situation and open the case with this cause(extreme incompatibility, but not parties' agreement) rather than bringing her from Slovakia to Turkey for divorcement decision.

Apologizes(if i offended you) for misconstruction,

King regards.
Old 29-09-2006, 16:31   #39
İzzet Hamle

 
Varsayılan

If the husband sues, it may create a problem both proceduraly and as to the substance. The judge may not grant divorce easily, even listening two witnesses, if the action is against a foreigner not attending the hearing. she should appoint a lawyer in Turkey and sign divorce agreement (which would also protect the lawyer against fraud claims in the future, and persuade the judge that she indeed wish to divorce.)Two witnesses would be heard. Consequently the case would be a mixture of both grounds.
Old 04-10-2006, 10:37   #40
Av. Balkan Tunalı

 
Varsayılan

The blongings which gained after 1.1.2002 should devide into 2 equal part.The property which gained before 1.1.2002 is its ovener. But if one side supports the other in having/purchising the property, after devorce (or during the case) he/she may sue to take back his/her support.
When couples divorce by sentence (decission) of a court, the point is just the execution of the court decssion which is the fastesf part of the procedure. tunalibalkan@yahoo.com

Alıntı:
Yazan Konuk
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 06-11-2006, 11:24   #41
Zuzana

 
Varsayılan

Dear sirs,
me (czech citizen) and my turkish husband got married in the Czech Republic. We agreed on divorce, because my husband went to Turkey 1.5 years ago and we don't live together anymore. As the procedure with divorce started, I learnt at the czech court, that he doesn't want to divorce, he claimed he loved me etc. Czech judge told me as this case became "problematical" divorce now, she needs to follow turkish law and family code.
We don't have any children, no property, we don't live together. How can he disclaim divorce? Is there anything I should be prepared he can do more? What shall I claim to get divorce according turkish law? Thank you very much for your help!
Old 06-11-2006, 12:19   #42
Av. Balkan Tunalı

 
Varsayılan

well
the artichels of Turkihs Civil Code which hols devorce are written as to the numerus clauses rule.

The reasons of devorce could be

1-adultery (art161)

2-treat (attempt to life,second degree murder), degrating treatment (art162)

3-commit a crime (art 163)

4-leave the house (art164)

5-mental illness (art165)

6-shocking (being upset or jolt) of marriage (art 166)

as you consider there are so many trick which takes so much time to tell.

but as reach to issue (devorce) let me ask you some questions

-where does he live in turkey?

-does he have a family here? (another marriage)

-why dose he wants to keep the marriage? (for living- working permit or something else)

-why do you want to devorce? you want to mary somebody else or...

- what does he do? his job etc.

it might be better to answer my queastions to my personal mail adress (as to keep your privite life).maybe there can be a short circuit or easier solution for devorce.
balkantunali@gmail.com
Old 17-03-2007, 15:26   #43
Konuk

 
Varsayılan

hello,
I want to ask some divorce questions, and I hope you can help.
I am now with turkish citizen man. he get married with a turkey women 5 years ago, and now they got a 3years old girl living in turkey. he wants to get divorced with her, for the past 5years unhappy life. I want to ask, 1st if she doesn't want, how can my BF get divorced? 2nd, how long should it wait to get the divorced?
thank you.
Old 17-03-2007, 19:25   #44
Cest la vie

 
Varsayılan

Alıntı:
Yazan Konuk
hello,
I want to ask some divorce questions, and I hope you can help.
I am now with turkish citizen man. he get married with a turkey women 5 years ago, and now they got a 3years old girl living in turkey. he wants to get divorced with her, for the past 5years unhappy life. I want to ask, 1st if she doesn't want, how can my BF get divorced? 2nd, how long should it wait to get the divorced?
thank you.

You can read the treat #42(treat just before yours) to get a reply to your question. To get divorced, these specific grounds should exist(but please construe them for the other party) or both parties should agree on divorcing. Still, the last word belongs to the judge. S/he may not award divorcing if s/he doesn't find it benefical for the family or is not convinced with the reasons.

It's better to consult an attorney with your detailed situation.

Regards
Old 26-05-2007, 17:06   #45
Konuk

 
Varsayılan

i have a friend in turkey that wants divorce from his english girlfriend but dont know how to go about it.
they got married in turkey in 2002 and moved to england in 2003 but the marrage only lasted 3months in england and he moved out stayed with Friends for a while and then moved back home to turkey.
can you give me advise on how he goes about filing for divorce.
thanks for your help.
Old 27-05-2007, 13:36   #46
Cest la vie

 
Varsayılan

Can you give us more details? Is he Turkish? Whta was the dispute between the couple? And what you want to learn 'exactly'?
Old 27-05-2007, 17:34   #47
Konuk

 
Varsayılan divorce

Is it true lawyers/judges are easily corruptable in Turkey?. I'm divorcing my Turkish husband due to abandonment & adultery, however, he's told me judges favour Turks over foreigners and that he will bribe whatever lawyer I get. How do I go about finding an honest lawyer?.
Old 27-05-2007, 23:23   #48
Cest la vie

 
Varsayılan

No, it is certainly a lie. It seems like your husband is trying to discourage you for a possible divorcing case-please do not believe him and apply to the bar in your city to find an English-speaking attorney for your case.
Good luck,
Ahu
Old 02-06-2007, 13:12   #49
Konuk

 
Varsayılan

I am an Australian citizen. I married my Turkish husband in Istanbul in 1995. He left me two and a half years ago to live with another woman. I wish to get divorced but before I do, I need to know whether
1. I have to go to Turkey to do this?
2. I have no money but have assets which I own in partnership with my family and all of which were acquired at least 15 years before I met my husband. How do I stand with division of property" Does he have any claim to any of my joint family assets? (I have not divorced yet because under Australian law, he does)
3. He has not supported me or the children for over 10 years; in fact, I have supported him. Does he have any claim to my income?
4. I have total custody of the children, given to me by an Australian court. Does this still stand in Turkey?
Old 04-06-2007, 15:54   #50
sinemçelik

 
Varsayılan

Alıntı:
Yazan Slavka
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.

Dear Slavka;
according to Turkish Law; in order to divorce, it needs a civil court decision.
What you have to do is; bringing a divorce suit before the Civil courts in Turkey. The competent court is wheather the residence of wife or husband in Turkey or the domicile that both wife and husband lived for last 6 months.
It is not possible to divorce through consulate.
What did you mean by " i would like to ask that if possible to get divorced that i will not fly to Turkey?"...
İ hope, i could help you
Regards
Old 04-06-2007, 16:30   #51
sinemçelik

 
Varsayılan

Alıntı:
Yazan Konuk
I am an Australian citizen. I married my Turkish husband in Istanbul in 1995. He left me two and a half years ago to live with another woman. I wish to get divorced but before I do, I need to know whether
1. I have to go to Turkey to do this?
2. I have no money but have assets which I own in partnership with my family and all of which were acquired at least 15 years before I met my husband. How do I stand with division of property" Does he have any claim to any of my joint family assets? (I have not divorced yet because under Australian law, he does)
3. He has not supported me or the children for over 10 years; in fact, I have supported him. Does he have any claim to my income?
4. I have total custody of the children, given to me by an Australian court. Does this still stand in Turkey?

Dear Madam;
i would like to answer your questions very briefly.
1.if your husband is living with another woman, i suppose he shall agree to devorce too. In that case it will be a conventional divorce. According to Turkish Civil Law, Judge should listen both sides to believe their actual intent and their economic condition and childrens' condition in conventional divorces.
2. Your husband can not bring any claim about your family's assets as you have married before 2002. That means you belong to the provisions of previous Civil Code and the property between husband and wife is deemed to be seperate as to the previous Civil Code.
3. If he has not supported you for these years after he left you, his claims about alimony(if there is) would result with repulse. as you have the children, you can ask for alimony before the court because you have more reasons for moral support than him.
4.The custody for children you have taken in Australian court will not have an effect in Turkey. If you want to come back to Turkey and live according to the Turkish Law, it is better u claim custody at the same time you bring your divorce suit.
Regards,
Old 09-01-2008, 20:08   #52
Konuk

 
Varsayılan

I am a british citizen who married my Turkish husband in Turkey in April 2002. I have a child from a previous relationship and our house was bought by myself in 2001 and is registered in my name. Unfortunately we are considering divorce but will my husband have any claim over my house or income?
Old 01-02-2008, 17:05   #53
Konuk.

 
Varsayılan Divorce

Hi,
My husband and I have both agreed to get a divorce after 8 years due to irreconcilable differences. We have no children and already agreed on how to split our equities.
We married in Turkey and have a turkish marriage certificate, but since then, I became German citizen. My husband has dual citizenship (British/Turkish)and we both live in England.

My questions:
-Under which law will we need to divorce?

If Turkish law:
-do we meet the requirements to have the divorce approved?
-do we have to travel to Turkey or can this be done in England?
-What is the timeframe for a divorce to be completed?

many thanks
Old 08-02-2008, 15:07   #54
Donna

 
Varsayılan Divorce

Hi,

I married my turkish boyfriend in Izmir in 1998. He came to live in England (Im English) and we had children together. We split up and he left around 2001.

Neither myself or the children have seen him since!! I believe he still lives in England somewhere.

How do I go about getting a divorce?? I would be very grateful for some help.

Donna.
Old 20-04-2008, 18:47   #55
Konuk

 
Varsayılan chantell_n

My aunty was married to turkish man in the uk, They live in turkey. she has turkish identity and 2 sons of which have identity too.
She was divorced 1 year ago in uk and now wishes to try to reclaim some money which she lent to him when they first met 8 years ago (she has bank transfer papers), also she would like to know if she is entitled to some of their buisness and house of which none are in her name?
Can you help?
Old 09-06-2008, 15:13   #56
Camille

 
Karar Turkish citizenship once divorced

Good afternoon,

I(french citizen) got married in Turkey in 2000 with a turkish man and obtained immediatly the turkish citizenship (which made me hold a dual citizenship).
We wish now to get divorced in Turkey. Will I be able to keep my Turkish nationality if I get divorced in Turkey?
Many thanks in advance for your precious advice.
Cheers
Old 16-07-2008, 22:57   #57
Konuk

 
Varsayılan UK divorce recognotion i Turkey

I married a Turkish man in Turkey in 2004. We came to the UK in 2005 but his drinking meant that the marriage never worked. He finally walked out in December 2007 after I had already started divorce proceedings. I now don't know where he is - I'm sure he is in the UK bit I have no idea where except from London. He won't tell me as he is in breach of his visa conditions.
I continued with the divorce proceedings in the UK and the absolute is due early September. How can I get this divorce recognised in Turkey or do I need to divorce him again there?
How does Turkish law operate when one partner has disappeared?
Old 18-07-2008, 08:16   #58
Av. Balkan Tunalı

 
Varsayılan

dear konuk (UK divorce recognition in turkey)
Actually,you need to consider this after the divorce decision. In fact, I would recommend you to sue him in Turkey if you have ask me due to it is easier an less expensive to sue a Turkish man in Turkey. When you get the decision in Uk then you need to make the decision to be recognized by a Turkish Court.It means you need to sue him again however the proceedings will be quite easy and fast in this case.
When I was living in the UK I did lots of these types of works and came to Turkey from the UK to end up the cases. I is not a hard work for a lawyer. Do not worry...
Old 29-07-2008, 15:44   #59
Konuk

 
Mutsuz Government Legal Aid

Is there anything like Government Legal Aid (providing free/much, much cheaper legal help for very poor)in/around Adana? A friend has no money and must get divorced with no assitance from his family.
Old 30-08-2008, 17:58   #60
Konuk

 
Varsayılan Turkish Law Re: Divorce

Hello, can anybody help me please.

Married a Turkish gentleman in 1995, he abandoned the family in the UK in 1997, but neither of us ever seeked divorce so we are still legally married.

Now after 11 years of his abandonment, I wish to divorce, can someone tell me if I am entitled to (a) 50% of his assets he had back in 1997, the date he left us, or (b) 50% of his current assets?. His worth today is considerably more than back in 1997. And what about my assets, does he have any claim to them?. I should add he left us without any support for 10 years.

Also, i found out he married again, but as we never divorced, that marriage is illegal, but in the divorce case, will judge consider him as having 2 wives or 1?. I have ample proof that he knowingly committed bigamy & deceived Turkish courts. Would filing in the UK or Turkey make more sense?. Thanks a lot.
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