Akkas & Associates is a globally recognized Turkish family law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Our Turkish family lawyers and divorce attorneys are prepared to handle divorce cases, from a simple no-contest divorce proceeding to a complicated divorce with significant property and children. Turkish Divorce Alimony Compensation Law. Our divorce lawyers also represent our clients in other family law issues including; Turkish divorce alimony compensation law, contested divorce, uncontested divorce, alimony & compensation, child custody, child support, recognition of foreign divorce decree, and other family law litigation.
Turkish Divorce Alimony Compensation Law
We understand your needs when it comes to family law issues. We’re dedicated to helping you make the right decisions, even during difficult and emotional circumstances. Our Turkish family lawyers and divorce attorneys give you sound legal advice based upon the law, our experience and the unique facts of your situation. Our firm’s family lawyers are devoted exclusively to family law issues including contested divorce, uncontested divorce, alimony & compensation, child custody & support, recognition of foreign divorce decrees, and litigation.
Turkish Family Law & Divorce Regulations
Turkey legally recognizes marriages executed in Turkey. A marriage is registered at a local Vital Statistics Office (Nufus Dairesi). In Turkey, all family records are recorded in the Vital Statistics office that was the original home to the family. Even if no one currently lives in that area, births, marriages, divorces, and other events are recorded in this one location.
In the event the marriage was executed in another country, the marriage may be registered through the nearest Turkish consulate. The Turkish Consulate will forward the documents to the office that handles that family record book.
To terminate a legal marriage it is required to obtain a divorce decree from a Turkish family court. Divorce proceedings are generally open to the public. However, at the request of either party, a judge may choose to preside over a closed or private court case. Judges may also take temporary measures for the protection of the parties, their property, and the welfare of their children.
Turkish Alimony & Compensation Law Regulations
Section 174 of the Turkish Civil Law orders as follows: “If the faultless or less faulty partner’s existing or expected interests are damaged by dissolution of marriage, that partner will be entitled to claim an appropriate material compensation from the other partner. If the personality of one of the partners has been assaulted due to the events which led to dissolution of marriage, that partner will be entitled to claim an appropriate moral compensation from the other spouse.” A stare decisis by the 2nd Department of Turkish Supreme Court orders that “Adultery is considered an assault of personality, therefore the court must order the faulty partner to pay moral compensation to the faultless partner as part of its order for dissolution of marriage”.
However, another stare decisis by the 2nd Department of Turkish Supreme Court orders that if the wife applies to the court to ask for serving a legal notice on her deserting husband, the said application will be considered that the wife has pardoned her husband for the events that happened before the date of the said legal notice. Therefore the husband will no longer be considered faulty and the court will not order the husband to pay a material or moral compensation to the wife. If the husband insulted his wife, he will be considered faulty and such fault will be considered a legal ground for divorce.
In summary, if any of the events that lead to dissolution of marriage assaulted the personality of the petitioner, the petitioner will be entitled to claim a moral compensation from the faulty respondent. However, if one of the partners insults the other partner but the other partner reacts to such insult or has caused the first partner to commit such insult, it will be a different situation, as ordered by Turkish Supreme Court as follows: “Evidence collected in the case file indicate that the respondent insulted her husband and that the husband, in response, beat up his wife and throw her out of their house. Therefore, the wife is not faultless or less faulty, but equally faulty with regard to the events which lead to dissolution of marriage, so that the court will not order the husband to pay a moral compensation to the wife.”
In conclusion, a partner will be entitled to receive a material compensation only if he/she is faultless or less faulty, the other partner is faulty, a damage has been suffered, and the law has been violated.
One needs to be faultless to be entitled to moral compensation. Moral compensation is a means used for restoring the upset moral balance of one of the partners. If the other partner is faulty, the first partner will be entitled to receive such moral compensation. However, the proof of burden for violation of one’s moral rights remains with the partner who alleges such violation. If the petitioner fails to prove the event which violated his/her personal rights, the petitioner will not be entitled to a moral compensation.
Alimony is defined in Section 175 of the Turkish Civil Law as follows: “If one of the partners will suffer poverty due to dissolution of marriage and his/her fault is not more severe than the other partner, that partner will be entitled to claim alimony from the other party, provided that such alimony must be in proportion with the financial strength of the other party.” In other words, a partner will not be entitled to alimony unless he/she is faultless or less faulty than the other partner.
Depending on the particular circumstances of a dissolution of marriage, the court can order a material compensation and alimony to be paid in the form of revenue. In this case, such material compensation or alimony will be canceled if and when the receiving partner remarries or one of the partners dies. If the receiving party has a live-in third party partner, or he/she is no longer poor, or lives in a dishonored way, the court will revoke such compensation or alimony. The court can also order to increase or decrease such revenue if and when the parties’ financial strength changes or equity requires to do so (Turkish Civil Law, Section 176).
Section 178 of the Turkish Civil Law orders that the right to claim an alimony will be time-barred in one year after the date of the final dissolution of marriage.
If you live outside of Turkey, and are looking for a family law attorney to assist you with divorce, child custody or child visitation, and child support issues, give us a call. We work regularly with clients who live in abroad but have children or divorce matters in Turkey. We understand the frustration that a long distance legal battle can cause and will do all we can to limit your travel expenses and win your case.
Reach us for Turkish Divorce Alimony Compensation Law
Akkas & Associates is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s family law & divorce. Since 1992, our lawyers have been helping clients’ complex legal challenges and maximize opportunities for success. Our law firm is now one of the leading family law & divorce law firms in Istanbul, Turkey. You may reach us for Turkish Family Lawyers through our Contact page.