Family Law

Frequently Asked Questions

• How to File an Uncontested Divorce Case?

  An uncontested divorce case can be filed in a family court in any courthouse. The domicile of the parties does not matter in terms of determining the competent court. The parties can file an uncontested divorce case in the family court of a courthouse they deem appropriate. The most important element of the uncontested divorce case is considered to be the uncontested divorce protocol. The family court decides on divorce based on the agreed divorce protocol prepared by the parties.

• In Which Circumstances and How Can Alimony Be Requested?

  The party (spouse) who will fall into poverty due to divorce may demand alimony from the other party (spouse), provided that he/she is not more faulty. (Turkish Civil Code (TMK) art.175/1)
  The first condition for claiming alimony is to have fallen into poverty due to divorce. The Court of Cassation has evaluated the concept of poverty differently according to each concrete case. However, in the settled jurisprudence of the General Assembly of the Court of Cassation, it has been evaluated that those who do not have enough income to meet the necessary and mandatory expenditures to improve the individual's material wealth such as food, clothing, shelter, health, transportation, culture and education should be considered as poor.
  The Court of Cassation accepts that poverty will not disappear in cases such as the alimony creditor, widow and orphan, receiving old age pension, working for minimum wage, depending on the characteristics of the concrete case. The social and financial conditions of the parties determine whether the person will fall into poverty.

• Can the Jewelry Given at the Engagement be Requested Back?

  In the article 122 of the Turkish Civil Code No. 4721, “If the engagement is terminated for a reason other than marriage, the unusual gifts given by the betrothed to each other or to the other fiancé by the parents or those who act like them may be demanded back by the givers.” When the article of the law is examined, it is clearly regulated that unusual gifts given to the other party due to engagement can be requested back.

• How is the Alimony Increase Determined?

  During the divorce case or after the divorce is finalized, the court may attach alimony to the spouse or joint children, if any, who will have financial difficulties, according to their socio-economic status. When determining the amount of alimony to be awarded, the judge takes into account the financial situation of the spouses, the expenses of the children, and the economic and social conditions of the time. However, as a result of changing conditions and new needs, the amount of alimony may be insufficient. In this case, the party receiving alimony may file an alimony increase suit against the alimony obligor. However, the demand for alimony increase should be based on justified reasons such as the economic crisis throughout the country, the depreciation of the currency, the economic enrichment of the alimony payer, the emergence of new expenses for the alimony recipient.

• What is the Regime of Participation in Acquired Property?

  With the Turkish Civil Code No. 4721, which entered into force on 01.01.2002, it has been accepted that the regime of participation in the acquired property in marriages will be applied unless a contract is made to the contrary.
  The regime of participation in acquired property is that the other spouse shares in the property acquired by the spouses in the marriage union. The regime of participation in acquired property covers acquired property and personal property of each of the spouses. In this case, it is necessary to make a distinction between what is acquired property and what is personal property.

• What are Acquired Properties?

  Acquired properties are the assets that each spouse obtains by giving back during the continuation of this property regime. What are the acquired goods are listed in TMK art. 219. According to the TMK, the acquired property of the spouses are in particular:
  Properties acquired from working: Income such as salaries, monthly wages, daily wages and tips that the spouses receive in return for their physical and mental work within the marriage union.
  Payments made by social security or social assistance institutions and organizations or funds established for the purpose of helping personnel and the like: Payments such as pension, unemployment benefit, short-time working allowance, retirement bonus, old age pension, severance and notice compensation received by the spouses within the marriage union.
  Compensation paid due to loss of working power: Compensation paid to spouses due to traffic and work accidents.
  Income from personal property: Income from personal property that is not subject to liquidation is considered acquired property. For example, the rent obtained as a result of the rental of the immovable acquired through inheritance is considered as income acquired and is subject to liquidation.
  Substitutes for acquired goods: During the continuation of the marriage union, the values that replace the acquired property are considered as acquired property. For example, if a house was bought from the income obtained in return for working in a marriage union and a car was bought with the income obtained by selling this house later, this car is now considered as acquired property.