Divorce Attorney at Law in Alanya | Family Law
A divorce process involves more than simply dissolving the marriage. Issues such as child custody, maintenance, contact arrangements with the child, division of matrimonial property and the family residence can also directly affect the parties’ future. It is therefore important that the steps taken at the outset of the process and the claims to be advanced are assessed in light of the specific circumstances of the case.
The fact that Alanya is home not only to Turkish nationals but also to individuals from various countries means that a foreign element frequently arises in family law disputes. Foreign spouses, marriages concluded abroad, children residing in different countries, foreign court judgments and assets located overseas are among the matters that require separate consideration in this context.
This page outlines the common disputes encountered in divorce and family law matters, the main stages of a divorce process, and family law issues with an international dimension. Since each dispute has its own particular features, the legal assessment should be conducted on the basis of the specific facts of each case.
Key Practice Areas
Key Disputes in Family Law
Disputes arising from family law are often not entirely independent of one another. In conjunction with divorce proceedings, claims such as child custody, maintenance and compensation may arise; certain matters, such as the division of matrimonial property, may be addressed separately.
Divorce by Mutual Consent
For a divorce by mutual consent, the marriage must have lasted at least one year, and the spouses must apply jointly, or one spouse’s petition must be accepted by the other. The judge must personally hear the parties and be satisfied that their intention to divorce has been freely declared, and must approve the parties’ arrangements concerning the financial consequences of the divorce and, where applicable, the situation of the children. The law also empowers the judge to make such modifications to the agreement as he or she deems necessary; if the parties accept these modifications, the divorce is granted. In divorce by mutual consent, the general rule that the parties’ admissions do not bind the judge does not apply.
The parties' agreement is submitted to the court in the form of a written protocol for divorce by mutual consent. It is important that matters such as maintenance, compensation, child custody and contact with the child are clearly regulated in the protocol. You can find detailed information about preparing a protocol for divorce by mutual consent in our relevant article.
Although the division of matrimonial property and disputes concerning assets may be addressed separately in the agreement, it is not mandatory for these matters to be definitively resolved as part of the divorce by mutual consent in every case. Depending on the circumstances of the specific case, claims relating to the matrimonial property regime may be considered separately.
Contested Divorce
Where the spouses cannot agree on the divorce or its consequences, divorce by mutual consent is not possible and contested divorce proceedings may be initiated. The general statutory ground for divorce is that the marital union has broken down so fundamentally that the spouses cannot reasonably be expected to continue their common life. In proceedings based on this ground, if the claimant is more seriously at fault, the respondent has the right to object. However, the court may grant a divorce if the objection constitutes an abuse of rights and there is no longer any interest worthy of protection, for the respondent or the children, in maintaining the marital union.
The grounds for divorce are exhaustively listed in the statute, and some are subject to a forfeiture period. In cases of adultery, an attempt on the other spouse’s life, or very bad or severely degrading treatment, the right to bring proceedings lapses six months from the date on which the ground became known and, in any event, five years after the act; a spouse who has forgiven the conduct has no right to sue. Proceedings may be brought at any time on the ground of committing a crime or leading a dishonourable life. The statute prescribes a separate procedure for desertion: the separation must have lasted at least six months and must still be continuing, and the warning issued by the judge or notary must have produced no result; the warning must notify the deserting spouse that they must return to the family residence within two months. Divorce on the ground of mental illness is conditional upon an official health board report establishing that recovery from the illness is not possible.
The law also regulates the ground of actual separation following a dismissed divorce action, and this provision was redrafted by the amendment dated 14 November 2024: if a divorce action brought on any of the grounds for divorce is dismissed, and one year has elapsed from the date on which the dismissal judgment became final, the marital union is deemed to have been fundamentally disrupted if the parties have not resumed their common life for any reason, and divorce may be granted upon the request of either spouse. Before the amendment, this period was three years; the three-year period found in older sources is no longer current.
In contested divorce proceedings, the parties' claims and defences, the evidence they submit, and the circumstances of the specific case are assessed together. The question of fault may be particularly significant in relation to certain claims, such as pecuniary and non-pecuniary damages and maintenance for poverty.
Family Residence
The family residence, in which the spouses maintain their joint life, is specially protected under the Turkish Civil Code. Even if the family residence is registered solely in the name of one spouse, the law provides for three separate prohibitions: without the express consent of the other spouse, neither spouse may terminate the lease agreement relating to the family residence, transfer the family residence, or restrict rights over the family residence. A spouse who cannot obtain consent, or whose request for consent is refused without a justified reason, may seek the intervention of the judge. If the family residence was leased by one spouse, the other spouse, who is not a party to the agreement, may also become a party to it by notifying the lessor and, once notice is given, the notifying spouse becomes jointly and severally liable with the other spouse.
The spouse who does not own the immovable property designated as the family residence may request the land registry office to enter the necessary annotation concerning the residence in the land register; this annotation makes the property’s status as a family residence apparent to third parties.
The law provides for further protection that is not confined to the family residence. Where necessary to protect the family’s economic assets or to fulfil a financial obligation arising from the marital union, the judge may, at the request of either spouse, rule that dispositions concerning the assets specified by the judge may be made only with the consent of the other spouse; if the judge removes the power to dispose of an immovable property, the judge shall order, of the judge’s own motion, that this be noted in the land register.
In the event of the death of one of the spouses, a separate possibility arises: in order to continue his or her previous lifestyle, the surviving spouse may request that a right of usufruct or a right of residence be granted over the dwelling owned by the deceased spouse in which they lived together, with the value of that right set off against the surviving spouse’s accrual claim and, if insufficient, supplemented by payment of the difference; under the same conditions, the surviving spouse may also request that ownership of the household goods be granted.
Parentage and Paternity Proceedings
Disputes such as actions to contest paternity, paternity actions, acknowledgement and annulment of acknowledgement are among the key areas of family law. In these actions, evidence such as genetic testing may be used to establish the biological relationship. The applicable time limits in this area are short, and some have recently been amended. The right to bring an action to contest paternity was expanded by the amendment dated 7 November 2024, which recognised that, in addition to the husband, the mother and the child may also bring the action. As regards the time limit, the husband must bring the action within one year from the date on which he learns of the birth and either that he is not the father or that the mother had sexual intercourse with another man at the time of conception; the mother must bring the action within one year from the birth, while the child must bring it no later than one year from reaching majority. If the delay is based on a justifiable reason, the one-year period begins to run on the date that reason ceases to exist. In a paternity action, the mother’s right to bring an action becomes time-barred one year after the birth. By contrast, the provision subjecting the child’s right to bring an action to a time limit was annulled by the Constitutional Court and has not been re-enacted.
Step-by-Step Process
How Does the Divorce Process Work?
Pre-Litigation Assessment
At the outset of the divorce process, the course of the marriage, the parties’ requests, the circumstances of any children, and the available documents are assessed together. At this stage, it is important to determine whether divorce by mutual consent is possible; if contested proceedings are to be initiated, the legal ground on which they will be based, the claims to be advanced, and the competent court.
In divorce or separation proceedings, the competent court is, as a rule, the court of the place where either spouse is domiciled or the court of the place where the spouses last resided together for at least six months prior to the action.
Whether a pre-action step is required is also determined at this stage. The statute exhaustively sets out the disputes in which prior application to a mediator is a condition of bringing an action: disputes arising from tenancy relationships; the partition of movable and immovable property and the dissolution of co-ownership; disputes arising from condominium ownership; and disputes concerning neighbour rights. Divorce proceedings do not fall within this list; accordingly, prior application to a mediator is not required before bringing divorce proceedings.
Statement of Claim and Requests for Interim Measures
In the petition, it is important that the claims to be asserted alongside the ground for divorce be set out clearly and in a legally accurate manner. Once divorce or separation proceedings have been commenced, the judge takes interim measures of his or her own motion as necessary during the course of the proceedings, concerning in particular the spouses' accommodation and maintenance, the management of the spouses' property, and the care and protection of the children. The law makes these measures a duty of the judge rather than a matter of judicial discretion, and does not require a request to be made; the management of the spouses' property is expressly listed among such measures.
Where domestic violence, threats or similar risks are present, protective and preventive measures under Law No. 6284 may also be considered.
Gathering Evidence and Hearings
In contested divorce proceedings, evidence supporting the parties' claims and defences is collected. Witness statements, written documents, official records and, depending on the circumstances of the specific case, other evidence may be taken into consideration. In disputes concerning matters affecting children, a social examination or expert assessment may also be considered.
It is important that evidence is obtained lawfully. The law leaves no room for discretion on this point: evidence obtained unlawfully cannot be taken into account by the court in proving a fact. This is not a possibility but a statutory prohibition; obtaining such evidence may also give rise to civil and criminal liability. Accordingly, material gathered without the spouse's knowledge, such as secret audio or video recordings or the unauthorised copying of messages, will not be relied upon as the basis of a judgment even if it is submitted to the case file.
Judgment and Legal Remedies
At the end of the proceedings, the court rules on the divorce claim together with any ancillary claims duly brought. The judgment may be challenged by way of appeal within the conditions and time limits prescribed by law and, where applicable, by way of cassation. The divorce judgment becoming final is important for the legal termination of the marriage and the occurrence of certain related legal consequences.
The law expressly regulates three of these consequences. A divorced woman retains the personal status she acquired through marriage but resumes the surname she bore before marriage; if she was widowed before the marriage, she may ask the court for permission to use the surname she bore while single. If she proves that she has an interest in continuing to use her former husband's surname and that doing so would not harm him, the court may, upon her request, grant permission for her to use it. As regards inheritance, divorced spouses cannot be each other's statutory heirs and lose the rights granted to them under testamentary dispositions made before the divorce, unless the contrary is apparent from the disposition. In the case of the woman, a waiting period of three hundred days runs from the termination of the marriage. This period ends upon childbirth, and the court will lift it if it is established that she is not pregnant from her previous marriage or if the spouses whose marriage has ended wish to remarry each other.
Two Different Paths
Differences Between Divorce by Mutual Consent and Contested Divorce
Divorce by Mutual Consent
The fundamental difference between divorce by mutual consent and contested divorce lies in whether the parties agree on the divorce and its consequences. In a divorce by mutual consent, the parties mutually agree to divorce and reach agreement on the financial consequences of the divorce and, where applicable, matters concerning any children. Provided that the statutory conditions are met, the process may be shorter than contested divorce proceedings.
However, the judge is not automatically obliged to accept the protocol prepared by the parties. In particular, arrangements concerning the children must be guided by the best interests of the child. The judge may propose any changes he or she considers necessary for the parties’ approval.
Contested Divorce
In a contested divorce, the grounds for divorce, the parties’ fault, and any other claims raised are examined in the proceedings. The process may take longer due to hearing witnesses, gathering evidence, obtaining expert reports where necessary, and serving documents. In both types of divorce proceedings, it is not possible to predict a definitive outcome or timeline; the progress of the proceedings varies depending on the particulars of the case.
In contested divorce proceedings, the determination of fault is not merely one of the grounds; the law attaches three separate consequences to it. The spouse who is faultless or less at fault may claim pecuniary compensation from the spouse at fault. In claims for maintenance on the grounds of poverty, the requesting spouse must not be more at fault. In the division of matrimonial property, a spouse is, as a rule, entitled to half of the residual value; however, where the divorce is based on adultery or an attempt on the other spouse’s life, the court may, in accordance with equity, reduce or remove the at-fault spouse’s share of the residual value.
Damages and Limitation Periods
The financial consequences of divorce are not confined to maintenance; the law provides for two separate types of damages, each subject to different conditions. In the case of pecuniary damages, the party who is free from fault or less at fault and whose existing or prospective interests have been prejudiced by the divorce may claim appropriate pecuniary damages from the party at fault. Non-pecuniary damages, on the other hand, may be claimed by the party whose personal rights have been infringed by the events giving rise to the divorce, from the other party at fault, in an appropriate amount. In other words, pecuniary damages are assessed by reference to the injury to interests and the comparison of fault, whereas non-pecuniary damages are assessed by reference to the infringement of personal rights.
These claims are subject to a time limit, and the limitation period begins to run once the divorce proceedings have concluded: claims arising from the termination of the marriage by divorce become time-barred one year after the divorce judgment becomes final. It is therefore necessary to determine at an early stage whether the claim for compensation should be brought together with the divorce proceedings or in a separate action.
Legal Remedies, Time Limits and Intervals Between Hearings
The time limits for challenging a judgment are short. The time limit for lodging an appeal with the regional court of appeal is two weeks and begins to run upon formal service of the judgment on each party. An appeal to the Court of Cassation may also be lodged within two weeks of service against final decisions of the civil chambers of the regional court of appeal that are subject to such an appeal. The law expressly lists the decisions that are not open to appeal to the Court of Cassation; therefore, which remedy is available against which decision must be determined separately in each case.
A new rule has also been introduced in 2026 concerning the prolongation of proceedings: under the provision that entered into force on 31 July 2026, the interval between hearings may not exceed three months. The law also provides for an exception: where necessary—for example, where an expert examination is prolonged owing to the nature of the matter, or where the taking of evidence is carried out by judicial assistance—the judge may set a longer interval, giving reasons.
Child-centred approach
Child Custody and Contact with the Child
The Turkish Civil Code provides that, when regulating the personal relationship between a child and the spouse who has not been entrusted with custody, the child’s interests, particularly in terms of health, education and moral welfare, shall be the primary consideration. The frequently applied criterion of the “best interests of the child” derives not from the wording of the Code but from the Convention on the Rights of the Child, to which Türkiye is a party, and from the final paragraph of Article 90 of the Constitution. Within this framework, the assessment considers which arrangement would better meet the child’s physical, emotional, social and educational needs.
The court may take into account the child’s current living arrangements, the child’s relationship with each parent, the parents’ capacity to provide care and all other circumstances of the specific case. Where the child’s age and maturity so permit, the court may also hear the child’s views and seek an expert assessment.
Regarding joint custody, the source of authority must be correctly identified. Under the literal wording of the Turkish Civil Code, custody upon divorce belongs to the party to whom the child is entrusted, and the statutory text does not regulate an institution named "joint custody." The possibility of ordering joint custody has been recognised through judicial decisions, based on Article 7 of Protocol No. 5 to the European Convention on Human Rights; in other words, the source of this possibility is case law rather than statute, and whether it will be accepted in a given case is assessed separately. Each parent has the right to request the establishment of appropriate personal relations with the child who is not under their custody or not entrusted to them; the court, when ruling on divorce or separation, also regulates the parents' rights and their personal relations with the child. Thus, the discretion lies not in whether to make such an arrangement, but in its scope. The statute further provides that the court shall, in its judgment, warn that if the requirements of the personal relations arrangement are not fulfilled, custody may be changed, provided that this is not contrary to the child's interests. Circumstances such as the parties residing in different cities or countries, and the child's school term and age, may affect the scope of the arrangement.
The enforcement of judgments and interim orders concerning the handover of a child and contact with a child is now carried out not through enforcement offices, but by the Directorates of Judicial Support and Victim Services; where no such directorates exist, it is carried out by the registry offices of the civil courts assigned for this purpose.
If the circumstances subsequently change materially, an application may be made to vary the child custody or contact arrangements.
Financial arrangements
Types of Maintenance and Maintenance Claims
In divorce and family law disputes, different conditions apply depending on the type of maintenance. The law also specifically regulates a situation in which a monetary contribution may be sought even where no divorce proceedings have been commenced: a spouse whose personal rights, economic security or the peace of the family is seriously endangered by living together has the right to live separately. Where living apart is based on a justified reason, the court, upon the application of either spouse, shall take measures concerning the monetary contribution to be made by one spouse to the other, the use of the family residence and household goods, and the management of the spouses’ property.
Interim maintenance (tedbir nafakası)This concerns temporary measures intended to provide for the spouses’ livelihood and the care and protection of the children during divorce or separation proceedings. The judge takes these measures of their own motion; a specific application is not required.
Child support (iştirak nafakası)This is intended to cover the contribution of the parent who has not been awarded custody to the child’s care, education and other expenses. The parents’ duty to support the child continues until the child reaches the age of majority; if the child remains in education after reaching the age of majority, the parents must support the child until the education ends, to the extent reasonably expected of them in the circumstances.
Spousal maintenance on grounds of need (yoksulluk nafakası)A party who would become impoverished as a result of the divorce may claim indefinite maintenance from the other party, in proportion to the other party’s financial means, provided that the claimant is not more at fault. The law expressly establishes two points: the maintenance is indefinite, and the maintenance obligor’s fault is not required.
Support maintenance (yardım nafakası)This is not a type of maintenance specific to divorce. Under the law, everyone is obliged to provide maintenance to their ascendants, descendants and siblings who would become impoverished without such support; the maintenance obligation owed to siblings is conditional on their being in prosperous circumstances. The action is brought having regard to the order of succession.
When determining the amount of maintenance, regard is had to the type of maintenance, the parties’ economic and social circumstances, their needs, the child’s expenses and the other circumstances of the specific case. In the case of child support, the statute sets out an additional criterion: the amount is determined by taking into account the child’s needs, the living conditions and financial means of the mother and father, and the child’s income; the maintenance is paid monthly in advance. The statute also regulates the method of payment: pecuniary compensation and maintenance for poverty may be ordered to be paid as a lump sum or, depending on the circumstances, in the form of an annuity; however, non-pecuniary compensation may not be ordered to be paid in the form of an annuity.
As regards termination, the law draws a twofold distinction. Pecuniary compensation or maintenance ordered to be paid in the form of an annuity automatically terminates if the recipient remarries or either party dies. By contrast, if the recipient lives with another person as if married without marrying, ceases to be in poverty, or leads a dishonourable life, the maintenance does not terminate automatically but is terminated by a court decision. If the parties’ financial circumstances change or equity so requires, the annuity may be increased or reduced by court order. In maintenance proceedings brought after divorce, the competent court is the court of the maintenance creditor’s place of residence.
Property and liquidation
Division of Matrimonial Property and Division of Assets
The division of the matrimonial property regime between spouses is a technical area that must be assessed separately from the divorce itself. As of 1 January 2002 , the statutory matrimonial property regime is the regime of participation in acquired property. However, the date of marriage, the time when the assets were acquired, and whether the spouses have chosen a different property regime can affect the outcome.
Assets acquired during the marriage through income earned in return for work, as well as inheritance, gifts, or assets intended for personal use, are not subject to the same legal regime. The fact that a property, vehicle, or other asset is registered solely in one spouse's name is not alone decisive for the division. Numerous factors are considered, particularly the date of acquisition and the source of financing of the asset.
Three rules forming the core of the regime directly determine the outcome. The first is the rule of evidence: a person claiming that a specific asset belongs to one of the spouses bears the burden of proving that claim; assets whose ownership cannot be proved are deemed to be held in co-ownership, and all of a spouse's assets are considered acquired property until the contrary is proved. The second is the scope of acquired property: acquisitions made in return for work, payments made by social security or social assistance institutions, compensation paid for loss of working capacity, values replacing acquired property, and income from personal assets constitute acquired property. The third is the sharing ratio: each spouse or their heirs has a right to half of the surplus value of the other spouse, and claims are set off against each other. The law also provides an exception to this ratio; in the event of divorce on the grounds of adultery or an attempt on the other spouse's life, the judge may decide, in accordance with equity, to reduce or eliminate the at-fault spouse's share of the surplus value.
In addition, if one spouse has contributed to the acquisition, improvement, or preservation of an asset belonging to the other spouse, without receiving any or adequate consideration, the contributing spouse has a claim proportional to the contribution for the increase in value of that asset during the liquidation; this claim is calculated based on the value of the asset at the time of liquidation. The time of termination is also separately regulated, and is one of the points most frequently confused in practice: if the court decides that the property regime is to end on account of divorce, it ends with effect from the date of filing the lawsuit, not the date on which the judgment becomes final.
In the division of matrimonial property, documents such as land registry records, bank statements, credit records, sale documents and payment records may be important. Claims relating to the division of matrimonial property may be brought separately from the divorce proceedings. If they are brought together with the divorce action, the divorce judgment must become final for the purposes of the division.
In marriages with a foreign element, the law applicable to matrimonial property must also be assessed under the provisions of the Act on Private International Law and Procedural Law (MÖHUK). The Act affords spouses a limited right to choose the applicable law, and it also contains special conflict-of-laws rules concerning the division of immovable property.
International Matters
Foreign-National Spouses and Cross-Border Divorce
The fact that one or both spouses are foreign nationals does not, in itself, mean that divorce proceedings cannot be brought in Turkey. However, in cases involving a foreign element, the international jurisdiction of Turkish courts and the law applicable to the dispute must be examined separately. In places such as Alanya, where foreign-national spouses and parties residing abroad are concentrated, this examination is carried out at the outset of the process, as it involves determining the applicable law and addressing the steps concerning foreign documents and service of documents together.
Under the MÖHUK, in divorce and separation, the common national law of the spouses applies in the first instance; if the spouses have different nationalities, the law of their common habitual residence applies, and if no such law exists, Turkish law applies. In relation to the matrimonial property regime, however, different choice-of-law rules apply from those applicable to divorce.
Divorce Judgments Rendered Abroad
The procedure to be followed for a divorce judgment rendered abroad to produce legal effects in Turkey may vary depending on the nature of the judgment and the specific circumstances of the case. Where the conditions are met for a foreign court judgment to be recognised or enforced in Turkey, proceedings for recognition or enforcement may be initiated.
In addition, under Article 27/A of the Civil Registration Services Law No. 5490, certain decisions concerning the termination of a marriage issued by foreign judicial or administrative authorities may also be registered in the family register through administrative procedures, provided that the necessary conditions are met.
The appropriate avenue should be assessed in light of the content of the foreign judgment, whether it is final, whether it concerns only civil status or also maintenance, child custody or other consequences, and whether the other applicable conditions are satisfied.
Documents and Service of Process from Abroad
In family law disputes with a cross-border element, obtaining documents and serving process are also important. For documents issued abroad, apostille, consular certification, translation or other verification procedures may be required, depending on the type of document, the country in which it was issued and any applicable international conventions.
Since service of documents on parties residing abroad is carried out in accordance with the relevant international conventions and statutory provisions, the procedure may differ from ordinary service under domestic law. In proceedings involving parties who do not speak Turkish, the use of an interpreter may be necessary.
As regards the form of powers of attorney to be executed abroad, the country in which they are executed and the transaction to be carried out must also be taken into account. Nevertheless, in proceedings that require the judge to hear the parties in person, such as divorce by mutual consent, the mere execution of a power of attorney does not remove the requirement of personal attendance.
International Child Custody and Children Located Abroad
In cases where the child resides in a different country or has been taken to another country by one of the parties, custody and contact issues may acquire an international dimension. The child's habitual residence, the international conventions in force between the relevant states, and the specific circumstances of the case are significant. In cases involving international child abduction, special procedures may apply under the relevant conventions to which Turkey is a party and Law No. 5717.
Assessment criteria
Assessment Criteria in Family Law Proceedings
The approach to be taken in family law disputes is determined according to the specifics of the case. During the initial assessment, the parties’ claims, available documents, the situation of any children and any cross-border elements of the dispute may be considered together.
Whether the divorce will proceed by mutual consent or as a contested divorce, the interim measures that may be sought during the proceedings, claims for child custody and maintenance, and the stage at which matters concerning the matrimonial property regime may be raised are assessed on a case-by-case basis.
In cases involving foreign parties, the applicable law, the use of foreign documents, international service of process, and procedures concerning the recognition and enforcement of foreign judgments in Turkey are of particular importance.
The firm's practice areas include disputes arising from family law. You can contact us via the contact page to request a consultation.
FAQs
Frequently Asked Questions
What are the requirements for divorce by mutual consent?
The marriage must have lasted at least one year, and the spouses must either apply jointly or one spouse must accept the divorce action brought by the other. The parties must agree on the financial consequences of the divorce and, where applicable, the arrangements concerning the children, and the judge must hear the parties in person and find the agreement appropriate.
How long does a contested divorce case take?
It is not possible to give a definite timeframe applicable to every case. Factors such as the scope of the evidence, the hearing of witnesses, expert examinations, service of documents, a party being abroad and the court’s workload may affect the duration of the proceedings. Nevertheless, the regulation that entered into force on 31 July 2026 introduced an upper limit on the interval between hearings: the period between hearings may not exceed three months. In necessary circumstances, such as a prolonged expert examination or the taking of evidence by letters rogatory, the judge may set a longer period, stating the reasons.
What criteria are taken into account when deciding on child custody?
Under the wording of the law, the criterion is that the child's interests, particularly in terms of health, education and morality, shall be paramount; in practice, this criterion is also referred to as the "best interests of the child" and is based on the Convention on the Rights of the Child. Elements such as the child's age, development, educational and social environment, current care arrangements, relationship with the parents and the parents' caregiving capacity are assessed together in the context of the specific case.
Can maintenance be claimed while divorce proceedings are ongoing?
Yes. The law does not require a request in this regard: once divorce or separation proceedings are initiated, the judge takes, of the judge's own motion, the provisional measures necessary for the duration of the proceedings, particularly those concerning the spouses' accommodation and subsistence, the management of their property, and the care and protection of the children; maintenance payable as an interim measure falls within this scope. The scope and amount of the claim are assessed according to the parties' economic and social circumstances and the characteristics of the specific case.
Is a divorce judgment issued abroad valid in Türkiye?
The procedure for a foreign judgment to take effect in Türkiye varies depending on the content of the judgment and the circumstances. An action for recognition or enforcement may be required. Alternatively, if the conditions are met, administrative registration under Article 27/A of Law No. 5490 may also be considered.
Can I claim compensation in divorce proceedings?
The law provides for two separate types of compensation. Pecuniary compensation may be claimed from the party at fault by the party who is not at fault or is less at fault and whose existing or expected interests have been harmed by the divorce. Non-pecuniary compensation, on the other hand, may be claimed from the other party at fault by the party whose personal rights have been infringed as a result of the events leading to the divorce. Pecuniary compensation and maintenance for destitution may be ordered to be paid either as a lump sum or periodically, whereas non-pecuniary compensation may not be ordered to be paid periodically. Claims arising from the termination of the marriage through divorce become time-barred one year after the divorce judgment becomes final.
When can matrimonial property be divided, and how are the assets shared?
The statutory matrimonial property regime applicable from 1 January 2002 is the regime of participation in acquired property. Where the regime is terminated as a result of divorce, it ends with effect from the date on which the divorce action was filed, not from the date on which the judgment became final. As a rule, upon liquidation, each spouse, or that spouse’s heirs, is entitled to one half of the other spouse’s residual value; the claims are set off against one another. All property belonging to a spouse is presumed to be acquired property unless proven otherwise, and income from personal property also constitutes acquired property. If one spouse has made a contribution without consideration to the acquisition, improvement or preservation of property belonging to the other spouse, a separate claim for a share in the increase in value arises. Claims for liquidation may also be brought independently of the divorce proceedings.
The explanations on this page are for general information purposes only and do not constitute legal opinion or advice. Since the circumstances of each specific case differ, a legal assessment should be made on a case-by-case basis.
The information on this page has been published, within the framework of the Turkish Bar Association Regulation on the Prohibition of Advertising, to provide information about the areas in which the firm operates, without implying any specialisation; it is not intended to solicit business.
Viewing this page or contacting us through the links or contact information provided on this page does not mean that an attorney-client relationship has been established between the attorney and the applicant, nor does it imply acceptance of the matter.
The information and time limits on this page were prepared in accordance with the legislation in force as of 6 September 2026. Since legislation may change, time limits should in any case be calculated in accordance with the current statutory text.
The legal route to be followed in family law disputes may vary depending on the parties' claims, the available evidence, the circumstances of any children, and the nature of the dispute. It is therefore important at the outset to assess every aspect of the matter, accurately identify the rights and obligations involved, and take the necessary steps within the prescribed time limits.
Merve Kartal
attorney at law