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Gk Partners News
  • May 23, 2023
  • dogukan
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Turkish Family Law

 

Our Turkish divorce lawyers and Turkish family law attorneys are ready to provide comprehensive legal consultancy services for all aspects of divorce, such as custody, alimony, compensation, and liquidation of property regime in uncontested and contested divorce cases.


Divorce case requires careful planning and expert guidance from a divorce lawyer, whether it be before or during the lawsuit. Our dedicated team of Turkish family law attorneys supports clients in preparing marriage contracts and property separation agreements, ensuring their interests are protected and informed decisions are made.


Our Turkish Family Law Services encompass a wide range of areas, including:

  • Uncontested and contested divorce cases,
  • Property regime litigation,
  • Alimony and compensation disputes,
  • Recognition and enforcement proceedings,
  • Custody Cases
  • Alimony collection
 
 

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Agreed Divorce in Turkey

 

Our skilled Turkish family law team represents clients in uncontested divorce cases, providing top-notch consultancy services. Turkish law recognizes the importance of spousal consent in maintaining family unity and specific conditions must be met for an uncontested divorce to proceed smoothly:

  • Marriage duration of at least 1 year
  • A joint application by both spouses
  • Personal hearing of the parties by the judge
  • Documentation of issues related to the uncontested divorce in a protocol
  •  
 

Uncontested Divorce Process:

 

Under Turkish family law, spouses can initiate an uncontested divorce case on their own or through their lawyers. It’s important to consider key factors during the process:

  • Filing the lawsuit with a joint petition or acceptance of one spouse’s lawsuit by the other
  •  
  • Preparation of an uncontested divorce protocol
  • Personal declaration of the desire for a divorce to the judge during the hearing

With a typical duration of 3-4 months, an uncontested divorce case is resolved swiftly in a single trial. The timeframe may vary based on court availability. Once the lawsuit is filed, a hearing date is assigned if all necessary information is provided


The Framework of Uncontested Divorce Cases:

Under Turkish family law, a divorce case can commence with the request of either spouse, and it must be filed in the Family Court. The competent court is determined by the place of residence of one of the spouses or the place where they last lived together for six months. Uncontested divorces, compared to contested ones, offer a quicker and more practical resolution.


If both spouses desire a divorce, have been married for at least one year, and have agreed upon post-divorce arrangements, they can pursue an uncontested divorce case. Proper documentation, including the petition and divorce protocol, is crucial. If children are involved, the judge will assess the agreements to ensure the child’s best interests are met.


While an uncontested divorce case offers a faster resolution, it’s essential to carefully select and articulate the terms, as the divorce protocol serves as an in-court confession by the parties.


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Contested Divorce in Turkey:

 

Our dedicated Turkish family law team represents clients in contested divorce cases, offering unparalleled advocacy and consultancy services. A contested divorce case is initiated when at least one spouse requests a divorce and requires a court decision, rather than a protocol, to regulate the divorce and its consequences.


In a contested divorce, the spouses may not share the same desire to divorce. It could be that only one spouse wants a divorce, or both parties may believe they bear less fault or are faultless.


Contested divorce cases typically take longer than uncontested ones and can be based on general reasons such as a breakdown of the marital union or specific reasons like adultery. Depending on the fault and circumstances, the court may order alimony or compensation payments to one party or determine a no-compensation divorce if both parties share equal fault.


Therefore, it is crucial for the spouse who believes they are less at fault or faultless to effectively present their case throughout the divorce proceedings or seek representation from an experienced divorce lawyer.


Contact Our Turkish Family Law Attorneys:

At, GK Partners Law Firm, our experienced family lawyers specialize in providing legal consultancy, and advocacy for various divorce-related matters, including both agreed and contested divorce cases. Our team is dedicated to assisting clients in navigating complex legal challenges and maximizing their chances of success. You can contact our Turkish Family Law Attorneys here.

Tags: custodyturkish divorce lawyerturkish family lawturkish family lawyerTurkish Lawyer
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