Skip to main content
Message on WhatsAppPhone: 0 (532) 237 72 80

Family LawGuide

What Is Family Law in Turkey? A Guide to Family Law Cases

Attorney Hüseyin Baran DelilAnkara Bar Association
Last updated
Reading time13 min
What Is Family Law in Turkey? A Guide to Family Law Cases

Family law in Turkey governs marriage, divorce and its consequences, kinship and guardianship, and is mainly regulated in the Turkish Civil Code No. 4721 (TCC). This guide summarizes the main family law cases and procedures and links to our detailed articles; articles marked "(in Turkish)" are currently available only in Turkish.

What Is Family Law?

Family law is regulated in Book Two of the TCC, starting with Article 118. It mainly covers:

  • marriage law,
  • kinship, and
  • guardianship.

In practice, matters of the law of persons, regulated in Book One of the TCC starting with Article 8, are also treated as part of family law. This guide therefore also covers legal matters relating to the law of persons.

Call for an Appointment

Consultations are by appointment: at the office, by phone, or online via tools such as WhatsApp, Google Meet or Zoom Meetings.

Get in touch

What Are Family Law Cases?

Family law cases include divorce actions; claims ancillary to divorce such as custody, pecuniary and non-pecuniary damages and maintenance; jewelry claims; actions for the liquidation of the matrimonial property regime; legal separation; requests for protective measures under Law No. 6284 on the Protection of the Family and the Prevention of Violence against Women; guardianship actions; actions to contest paternity; paternity actions; and maternity actions.

How Is a Divorce Case Filed and How Does It Proceed?

A divorce case is filed either as an uncontested or as a contested divorce, depending on whether the spouses agree on the divorce and its consequences. In an uncontested divorce (anlaşmalı boşanma), the settlement agreement is submitted to the Family Court (Aile Mahkemesi) together with the petition, and the court fees and expenses are paid. A contested divorce (çekişmeli boşanma) must be based on one of the grounds for divorce listed in the law.

What Are the Grounds for Divorce?

The TCC sets out special and general grounds for divorce. The special grounds are adultery; an attempt on the spouse's life, very bad treatment or humiliating behavior; commission of a crime and leading a dishonorable life; abandonment; and mental illness. The general ground is the irretrievable breakdown of the marriage (severe incompatibility).

How Does an Uncontested Divorce Work?

In an uncontested divorce, the spouses agree on the divorce and its consequences, submit this agreement to the court in a settlement agreement, and the judge hears both spouses in person. The judge grants the divorce if the terms are appropriate for the interests of the parties and any children and comply with public order. The judgment must then become final.

What Evidence Is Used in a Divorce Case?

In a contested divorce, each spouse must prove the fault and allegations they attribute to the other with lawful evidence, such as witness statements, social media messages, call and text records (HTS records), and bank and hotel records. The judge assesses the evidence together with the parties' statements. Unlawfully obtained evidence is, as a rule, disregarded, although exceptions may arise in divorce cases depending on the facts. In an uncontested divorce, such evidence is generally not needed.

What Do Court of Cassation Decisions Clarify in Divorce Cases?

Decisions of the Court of Cassation (Yargıtay) guide practice on establishing fault, assessing evidence and procedural rules during the exchange of pleadings. Mocking a spouse's physical appearance and conduct that undermines trust are treated as fault. Conduct that attacks a spouse's personality rights may also give rise to non-pecuniary damages.

What Rules Apply to Custody and the Family Home?

Custody is decided in light of the child's best interests; because it concerns public order, it can be rearranged if circumstances change. During the divorce proceedings, a spouse may ask the court to allocate the family home to them, and the judge may decide on the necessary matters of its own motion.

What Types of Maintenance Are There and How Is the Amount Set?

There are four types of maintenance (nafaka): interim maintenance, spousal maintenance, child support, and maintenance between relatives (yardım nafakası). The amount is set at the judge's discretion on the basis of equity, after the parties' social and economic circumstances are investigated.

How Are Damages and Household Goods Dealt With in a Divorce?

In a divorce, pecuniary and non-pecuniary damages are paid by the spouse who bears the heavier fault to the other spouse. A spouse who is not at fault, or less at fault, may claim pecuniary damages if their interests are harmed by the divorce, and non-pecuniary damages if the events that led to the divorce violated their personality rights. Household goods are shared under the matrimonial property rules; if no other regime was chosen, property acquired after 1 January 2002 is subject to the regime of participation in acquired property.

How Does the Matrimonial Property Regime Work?

The matrimonial property regime is the legal framework that governs the management of property acquired during the marriage and its division when the marriage ends, for example by divorce or death. If the spouses have not made a marriage settlement, the statutory regime of participation in acquired property applies to property acquired after 1 January 2002. In an uncontested divorce, the liquidation can be settled in the settlement agreement; otherwise, an action for liquidation can be brought after the divorce judgment becomes final.

Who Owns the Wedding Jewelry?

Jewelry is shared primarily according to the agreement between the spouses and, failing an agreement, according to proven local custom. If neither exists, under the recent approach of the 2nd Civil Chamber of the Court of Cassation, jewelry given to or put on a spouse belongs, as a rule, to that spouse; items placed in the jewelry box are deemed given to the spouse for whom such items are typically intended, and items suitable for either spouse are treated as jointly owned.

What Do Parentage, Adoption and Guardianship Cases Cover?

These cases cover actions to contest paternity, paternity actions (establishment of paternity), adoption, and the appointment of a guardian where guardianship is required.

Which Cases Concern Civil Registry Records and Identity?

These include actions to change a first name or surname, to correct a date of birth (yaş tashihi), to establish maternity, and gender reassignment actions. A declaration of absence (gaiplik) is issued by the court where death is highly probable and has consequences under family and inheritance law.

Besides their rights under inheritance law, the surviving spouse also has rights under family law arising from the marriage. The matrimonial property regime between the surviving spouse and the decedent must therefore be liquidated, because part of the decedent's assets belongs to the surviving spouse under family law before the inheritance rules apply.

How Can Domestic Violence Be Documented?

Physical violence can be documented by a medical report on injuries (darp raporu) obtained from the competent authorities right after the incident; the report medically describes the nature and extent of the injuries. A provisional report may be issued first and a final report obtained where necessary. Witness statements and recordings such as videos and photographs can also be used as evidence.

Which Procedural Steps Matter in Family Law Cases?

When a case is filed, the court sets out the roadmap of the proceedings in a scheduling order (tensip zaptı). Interim measures and the preservation of evidence can be requested as forms of temporary legal protection.

Who Is a Family Lawyer?

Turkish law has no separate profession or title of family lawyer, divorce lawyer or maintenance lawyer; these are informal names for an attorney who handles family law cases.

In practice, some attorneys are described as "divorce lawyers" or "criminal lawyers". This stems from inaccurate and incomplete information spread by television series and the media. Turkish law does not recognize specialization among attorneys, and any attorney who has been duly authorized can carry out any legal work or transaction.

Someone searching for a "divorce lawyer in Ankara" is therefore not looking for a separate professional group, but for any attorney registered with a bar association who handles cases before the Family Courts in Ankara. Article 35 of the Attorneyship Law No. 1136 reserves the filing and defense of actions and the conduct of legal proceedings for attorneys registered with a bar association, without dividing this authority by area of law. Maintenance, custody and matrimonial property cases are also heard by the Family Court, like divorce cases; searches for a "maintenance lawyer in Ankara" or a "custody lawyer in Ankara" point to the same attorneys.

Labels such as "the best divorce lawyer" have no legal meaning either: no authority, exam or ranking grades attorneys, and Article 7 of the Advertising Ban Regulation of the Union of Turkish Bar Associations (Reklam Yasağı Yönetmeliği) allows attorneys to describe their areas of practice only "without implying specialization". What matters when choosing an attorney is not a title but their command of the subject matter, time limits and evidence of the case.

Is It Mandatory to Hire a Lawyer for a Divorce?

No. Article 35 of the Attorneyship Law also allows anyone with capacity to sue to file and pursue their own case; both uncontested and contested divorce cases can be filed without an attorney, and there is no separate title of "uncontested divorce lawyer". However, a mistake in the content of the settlement agreement, in the evidence or in observing time limits may not be correctable later; the risks of proceeding without an attorney are explained in our article How to File an Uncontested Divorce Without an Attorney? (in Turkish).

How Much Are Attorney's Fees, and Does the State Provide a Lawyer?

The short answer to questions such as "divorce lawyer fees in Ankara" or "uncontested divorce lawyer fees" is that the fee is agreed between the attorney and the client; under Article 164 of the Attorneyship Law, it cannot be set below the Minimum Attorney's Fee Tariff (Avukatlık Asgari Ücret Tarifesi). Attorney's fees and court costs in divorce cases are explained in detail in our article Divorce Costs and Attorney's Fees: How Much and Who Pays? (in Turkish).

A person who cannot afford the costs of the proceedings may request legal aid from the court; under Article 335 of the Code of Civil Procedure No. 6100, legal aid also covers the provision of an attorney whose fee is paid later, if the case needs to be handled by an attorney. The legal aid offices of the bar associations also provide legal services to those who cannot afford them, under Articles 176 and 177 of the Attorneyship Law.

What Are the Basic Principles of Family Law?

The basic principles of family law include the principles and rules of the European Convention on Human Rights and the Turkish Constitution; mandatory provisions and the prohibition of arrangements contrary to public order and morality; the rule of good faith and the prohibition of abuse of rights under the TCC; the best interests of the child in claims concerning the spouses' children; and the protection of the family unit.

In all family law and law of persons cases, the aim is an equitable judgment based on these principles, the general principles of law and established rules of practice.

Which Court Has Subject-Matter Jurisdiction and Venue in Family Law Cases?

Family law and law of persons cases are generally heard by the Family Courts, but depending on the nature of the matter, the Civil Courts of First Instance (Asliye Hukuk Mahkemesi) may have subject-matter jurisdiction. It is therefore advisable to consult an attorney working in the relevant field before taking a legal step. The same applies to determining the court with venue.

Legal services in family law and the law of persons require professional ethics and objectivity because of their impact on the people involved. Although it is advisable to seek help from an attorney working in these fields, representation by an attorney or any other person is generally not mandatory. Exceptions may arise, for example in guardianship matters or where a person lacks the capacity to act, and each case must be assessed on its own facts.

Limitation Periods and Preclusive Periods in Family Law Cases

Limitation periods and preclusive periods in family law and law of persons matters are assessed separately for each case and each legal step. Some actions in these fields are not subject to any time limit, while for others the applicable period varies depending on the subject matter.

This article is for general information only and does not constitute legal advice.

Call for an Appointment

Consultations are by appointment: at the office, by phone, or online via tools such as WhatsApp, Google Meet or Zoom Meetings.

Get in touch

Author

Attorney Hüseyin Baran Delil

Ankara Bar Association · Delil Law Office

More by the author

This article is based on the legislation and court decisions in force on its last update date. It is for general information only and does not constitute legal advice on any specific matter.