Antalya Divorce & Family Lawyer

Divorce is rarely only about ending a marriage. It usually also decides who the children will live with, how much support will be paid, who keeps the family home and how property acquired during the marriage is shared. For the many international families in Antalya, there are further questions: whether a Turkish court can hear the case, which country’s law it will apply, and whether a divorce granted abroad is recognised in Turkey.

Ozturk Law Office advises Turkish, foreign and mixed-nationality couples on divorce and family law from our office in Muratpaşa, in English and Turkish. This page explains the main rules of Turkish divorce law, with each statement linked to the official text of the Turkish Civil Code and the other laws involved. It is general information; the right course depends on the facts of your family and, for international couples, on the nationalities and residence of the spouses.

International Couples: Jurisdiction and Applicable Law

For a German–Turkish couple living in Antalya, for example, the rule typically points to Turkish law as the law of the common habitual residence, while two British nationals divorcing in Antalya may find the court applying their common national law to the grounds and consequences. Establishing this at the outset shapes the whole strategy of the case.

Uncontested Divorce

Turkish law does not treat divorce by agreement as a separate ground. It is regulated within the ground of irretrievable breakdown in Article 166 of the Civil Code. The marriage is deemed to have broken down when all of the following conditions are met (Civil Code art. 166):

• The marriage has lasted at least one year.
• The spouses apply together, or one spouse accepts the case brought by the other.
• The judge hears both spouses in person and is satisfied that they expressed their wishes freely.
• The judge approves the arrangements the spouses have agreed on the financial consequences of the divorce and the children.

The judge may change those arrangements in the interests of the parties and the children; the divorce is granted if the spouses accept the changes (Civil Code art. 166). Agreements on the consequences of divorce are not valid until the judge approves them (Civil Code art. 184), so the agreement must be clear, complete and enforceable. It usually covers custody and contact with the other parent, child support, whether either spouse claims maintenance, compensation, and the division of household goods and property acquired during the marriage. Because the judge must hear the spouses in person, the hearing date must be planned around the travel of spouses who live abroad.

Read our detailed article on uncontested divorce ›

Contested Divorce

When the spouses cannot agree on the divorce itself or on its consequences, such as custody, maintenance, compensation or property, the case is brought on one of the grounds set out in the law. The court examines each side’s claims on the evidence, and fault becomes important when maintenance and compensation are decided.

The ground most often relied on is irretrievable breakdown of the marriage (Civil Code art. 166). If the claimant is more at fault, the defendant may object to the divorce; but if the objection is an abuse of right and continuing the marriage no longer offers any interest worth protecting for the defendant and the children, the divorce may still be granted. Divorce proceedings have special rules: the parties’ admissions do not bind the judge, the judge assesses evidence freely and cannot offer the parties an oath on the facts forming the ground for divorce, and hearings may be held in private at a party’s request (Civil Code art. 184).

Read our detailed article on contested divorce ›

Grounds for Divorce Under Turkish Law

A spouse entitled to sue for divorce may ask for judicial separation instead (Civil Code art. 167). If only separation is requested, divorce cannot be granted; if divorce is requested, the court may order separation where there is a chance of reconciliation (Civil Code art. 170). Separation can be ordered for one to three years (Civil Code art. 171).

Consequences of Divorce

Dividing Property: The Participation in Acquired Property Regime

If the spouses have not agreed on another regime and Turkish law governs their property relations, the statutory regime of participation in acquired property applies (Civil Code art. 202). Each spouse’s assets are divided into acquired property and personal property.

A spouse who contributed, without adequate return, to the acquisition, improvement or maintenance of an asset belonging to the other may claim a share of its increase in value in proportion to the contribution (Civil Code art. 227). Claims may be paid in kind or in money, and payment may be deferred if immediate payment would cause serious difficulty (Civil Code art. 239). For couples with a foreign element, the law governing the matrimonial property relationship must be identified before these rules are applied, because it may differ from the law governing the divorce itself.

The Family Home and the Right to Live Separately

The family home is often the most sensitive issue. Without the other spouse’s express consent, a spouse may not terminate the lease of the family home, transfer it or restrict rights over it. A spouse who does not own the home may ask the land registry to annotate its status as the family home, and if the home is rented, the non-tenant spouse becomes a party to the lease by notifying the landlord (Civil Code art. 194).

Protection is also available before any divorce case. A spouse is entitled to live separately for as long as their personality, financial security or family peace is seriously endangered by living together. Where the separation is justified, the judge may, on request, order financial contributions, decide on the use of the home and household goods and on the management of property, and take measures for minor children (Civil Code art. 197).

Children: Support and Contact

Parents bear the costs of their children’s care, education and protection (Civil Code art. 327). This duty lasts until the child reaches majority; if a child is still in education after that, the parents must support them, as far as can reasonably be expected, until the education ends (Civil Code art. 328). The parent who actually looks after a minor may sue the other parent for support on the child’s behalf (Civil Code art. 329). Support is set according to the child’s needs and the parents’ circumstances and means, and is paid monthly in advance (Civil Code art. 330); if circumstances change, the judge may set a new amount or end it (Civil Code art. 331).

A parent who does not have custody is entitled to appropriate personal contact with the child (Civil Code art. 323). Each parent must avoid harming the other’s relationship with the child. If the parent with custody does not comply with the contact arrangements, custody may be changed where this is not against the child’s interests, and the parents are warned of this in the contact decision (Civil Code art. 324). For parents living in different countries, contact arrangements need to be practical and clearly written, covering travel and holidays.

Protection from Domestic Violence

Where there is violence, or a risk of violence, within the family, protection can be sought under Law No. 6284 without waiting for a divorce case. The Law aims to protect women, children and family members who suffer or are at risk of violence (Law No. 6284 art. 1). The judge may order the person using violence not to threaten, insult or humiliate the protected person, to leave the shared home immediately with the home allocated to the protected person, and not to approach the protected person or the places where they are (Law No. 6284 art. 5).

Orders can be requested by the person concerned, the Ministry, the police or the public prosecutor, from the most easily reached judge, the local governor or a police unit. No evidence or document of violence is required for a protective order, and an order may initially be granted for up to six months (Law No. 6284 art. 8). In an emergency, safety always comes first; the police can be contacted directly.

Divorces Granted Abroad

A divorce granted abroad does not automatically change the Turkish civil register. There are two routes. Where the conditions in the law are met, a foreign divorce decision can be registered administratively in the civil register, on the joint application of the spouses or, in the cases set out in the law, on the application of the Turkish spouse alone (Civil Registration Law art. 27/A). Decisions that cannot be registered this way take effect in Turkey through a recognition case; recognition depends on the court establishing that the foreign decision meets the statutory conditions (Private Int. Law art. 58, Private Int. Law art. 54). Until this is done, a person divorced abroad may still appear as married in Turkey, which matters for remarriage, property transactions and inheritance.

How a Divorce Case Proceeds

1. Filing: the petition is filed with the competent family court, with the claims on custody, maintenance and compensation.
2. Interim measures: once the case is filed, the judge takes the interim measures needed for the duration of the case of their own motion (Civil Code art. 169).
3. Exchange of pleadings and preliminary hearing: the parties’ claims and evidence are set out and the issues in dispute are identified.
4. Evidence: witnesses are heard and documents examined; where necessary, expert reports on the children are obtained. The judge assesses the evidence freely (Civil Code art. 184).
5. Judgment: the court rules on the divorce and its consequences.
6. Appeals and finality: the judgment can be appealed. Certain time limits for claims arising from the divorce run from the date it becomes final (Civil Code art. 178).

Divorce cases are heard by the family court, which handles cases arising from the family-law provisions of the Civil Code (Family Courts Law art. 4).

How We Help