Divorce Proceedings in Turkey: Types, Procedure and Claims

Divorce Proceedings in Turkey: Types, Procedure and Claims

A guide to uncontested and contested divorce under Turkish law, including grounds for divorce, maintenance, custody, matrimonial property and compensation.

1. What Are Divorce Proceedings?

Divorce ends a marriage by a court judgment. Under Turkish law, an agreement between spouses does not itself dissolve the marriage. The divorce judgment must become final before the marriage legally ends.

The relevant provisions are principally in Articles 161–184 of the Turkish Civil Code, Law No. 4721. A family court hears the case; where no family court has been established, the designated civil court of first instance performs that function. Proceedings involve an application, the court’s examination and a judgment. The claim must rely on a recognised legal ground.

2. Uncontested Divorce

An uncontested divorce is possible where the spouses agree on divorce and its relevant consequences and the requirements in Article 166(3) are satisfied. It may involve a shorter process than a contested case, but a particular hearing date or outcome cannot be guaranteed.

Legal conditions

The marriage must have lasted at least one year. The spouses must apply together, or one spouse must accept the other’s claim. The judge must hear them personally, be satisfied that their consent is freely given, and approve their arrangements concerning the financial consequences and the children. The judge may propose changes; both spouses must accept them for this route to proceed.

Matters to address in the agreement

• Custody and a workable schedule for the other parent’s personal contact, including holidays.
• Child maintenance, payment dates and any agreed adjustment mechanism.
• Whether spousal maintenance is requested, and the agreed terms.
• Financial and non-pecuniary compensation claims or clearly defined waivers.
• Any agreement concerning the family home, vehicles and other assets.
• Any arrangements concerning debts and receivables.

Matrimonial property claims must be considered separately when preparing the wording. It should not be assumed that a general statement in a divorce agreement settles every property claim.

3. Contested Divorce

A divorce is contested where the spouses do not agree on divorce or its consequences. The court may need to hear witnesses, examine documents and obtain expert reports. The duration depends on the dispute, evidence, service of documents, the court’s workload and any appeal.

Evidence must be obtained and submitted lawfully. Messages and social media material may be relevant, but covert recordings and access to another person’s private communications raise separate legal issues. An assessment of admissibility depends on the facts.

Main procedural stages

1. A claim is filed with the competent court. Interim maintenance and temporary arrangements for children may be requested.
2. The defendant submits a response. The ordinary response period is two weeks after service, subject to applicable procedural rules; a counterclaim may also be relevant.
3. At the preliminary examination, the court identifies the disputed issues and addresses procedural matters.
4. During the investigation stage, witnesses, documents and expert evidence are examined as necessary.
5. The court hears final submissions and gives judgment. The ordinary period for a regional appeal is two weeks after service of the judgment, subject to the applicable rules.

4. Grounds for Divorce

The Civil Code distinguishes specific grounds from the general ground of fundamental breakdown of the marriage. The conditions for each ground must be considered individually.

• Adultery, Article 161: the right to bring this claim is subject to six months after learning of the act and, in any event, five years after it occurred. Forgiveness also affects this right.
• Attempt on life, serious ill-treatment or seriously degrading conduct, Article 162: six-month and five-year periods apply, and forgiveness must also be considered.
• Article 163: a dishonourable offence or a dishonourable way of life may justify divorce where continuing to live together cannot reasonably be expected.
• Desertion, Article 164: the statutory six-month period and the formal invitation to return must be satisfied. This is not established merely by showing that the spouses live at different addresses.
• Mental illness, Article 165: the illness must make living together intolerable for the other spouse and be established by an official medical board report as incurable.
• Fundamental breakdown, Article 166: the marriage must be so fundamentally disrupted that continuing the common life cannot reasonably be expected; the relevant rules on fault and objections must also be assessed.

5. Maintenance

Different maintenance obligations have different legal bases. They should not be treated as interchangeable.

• Interim maintenance: the court may make temporary arrangements for the spouses and children during the divorce proceedings under Article 169.
• Spousal maintenance following divorce: under Article 175, a spouse who would fall into poverty because of divorce may request maintenance in proportion to the other spouse’s means, provided the claimant’s fault is not greater. The paying spouse need not be at fault. The statutory rules on duration, payment and later changes must be considered.
• Child maintenance: the parent without custody contributes to the child’s expenses according to the relevant conditions. When the child reaches adulthood, a continuing education-related support obligation may arise under Article 328(2); this should not be described as automatic continuation of the same child maintenance award.
• Support for relatives: Articles 364–365 concern qualifying relatives, including ascendants, descendants and siblings under the statutory conditions. This is not simply maintenance payable to a former spouse after divorce.

Under Article 176, remarriage or the death of a party has consequences for periodic maintenance; other circumstances, including the end of poverty or living as if married without a formal marriage, may require a court order. A change in income does not automatically terminate every maintenance obligation.

6. Custody and Children

The child’s best interests guide custody and contact arrangements. Parental agreement and marital fault cannot override that assessment. The court may obtain a social investigation report and consider the child’s care, safety, development and family circumstances.

• The child’s age, needs and established care arrangements.
• Each parent’s capacity to provide care, working hours and living conditions.
• Continuity in education, social environment and relationships.
• The views of a child capable of forming and expressing an opinion, assessed in light of maturity; there is no universal fixed age that determines the outcome.
• Relevant specialist assessments and any risks of neglect, ill-treatment or violence.

A change in circumstances may justify a new court assessment. Moving abroad or remarriage does not, by itself, automatically change custody. The parent without custody may have personal contact with the child according to the court’s arrangements and the child’s best interests.

7. Matrimonial Property

The statutory participation in acquired property regime has applied since 1 January 2002, unless another applicable regime has been validly chosen. Property acquired in return for work, and certain income, may qualify as acquired property. Pre-marital assets, inheritance and items for personal use are generally considered separately under the applicable rules.

Liquidation does not necessarily mean physically dividing every asset in half. Participation claims are calculated by reference to the relevant net residual values, taking account of liabilities, personal property, adjustments and other statutory rules.

8. Financial and Non-Pecuniary Compensation

Article 174 regulates compensation connected with divorce. A spouse without fault or with less fault may claim appropriate financial compensation where existing or expected interests are harmed by divorce. Non-pecuniary compensation concerns an infringement of personality rights caused by the events leading to divorce, subject to the statutory conditions.

Compensation can be requested in the divorce proceedings. A later, separate claim requires attention to Article 178 and any relevant procedural issues. Neither an award nor a particular amount follows automatically from the fact of divorce.

9. Court Costs and Legal Fees

Court fees and litigation expenses depend on the applicable legislation, the claims and the work required. Legal fees are agreed in light of the service, subject to applicable professional rules and the national minimum fee tariff. A local bar association’s recommended schedule and the national minimum tariff serve different functions.

Before work begins, the scope of representation, anticipated expenses and fee terms should be clarified. A case-specific estimate requires an assessment of the relevant documents and requests.

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