Can Married Foreigners Divorce in Turkey ?
Yes, if a married foreigner follows the process of divorce, it is possible in Turkey. The marriage to begin divorce proceedings in Turkey must first be registered in the Registry Office. In order to file a divorce, a foreign citizen must follow the relevant application procedure and apply to a court of law that will decide on the divorce. Foreigners in Turkey must complete in a civilian court will decide the divorce process. You will find legal grounds for divorce in Turkey, with divorce types and conditions can be found in our continued writing information about the foreign divorce proceedings.
Grounds for Divorce in Turkey
Spouses can divorce in terms of conflict, a situation in which two people no longer share the same ideas and feelings. This is a common cause of divorce in Turkey, but other cases are also possible. As stated in the Turkish Civil Code, the reasons for divorce is accepted in a court in Turkey are given below.
- Irrational behavior,
- Maltreatment, physical violence or attempt to kill,
- One of the spouses commit a crime,
- Escaping: If the spouses have been separated for at least six months and the separation continues, the abandoned spouse can file a divorce,
- Mental illness
- Making marriage impossible to repair.
The Turkish divorce procedure is not long or complicated as it is based on the Swiss Family Law. This law put an end to Islamic rules based on the modern principles of family law.
Types of Divorce in Turkey
There are two divorce types in Turkey. These are; contested divorce and consensual divorce. The first procedure is when a spouse filed for divorce due to conflict with the other party for adultery or mental illness. Consensual divorce are divorce cases where one of the spouses decides to end the marriage, goes to court, and the opposite party has no objection.
Court Transactions for Contested Divorce in Turkey
The procedures involved in court proceedings regarding contested and consensual divorces are different. In the case of contentious divorces, the following procedure is applied:
– The party who wants to divorce must submit a petition to the court,
– The court will accept evidence from both spouses and listen to both parties,
– The court will also listen to and testify on the witnesses of both parties,
– The court will make its final decision on divorce within 16 days of the decision.
Conditions of Consensual Divorce in Turkey
After the activation of the new legislation, the simplified negotiated divorce procedure can only take place if:
– Spouses must have been married for at least a year,
– An agreement has been prepared and signed by the two parties wishing to divorce,
– Both spouses come before the judge and explain their divorce decisions.
In this case, it is not necessary to find a lawyer; however, some difficulties may arise, so getting legal service is recommended.
Court Transactions for Consensual Divorce in Turkey
In the case of a consensual divorce procedure, the most important step is to prepare a divorce agreement that is accepted by both parties, which should include:
– Information about the couple’s children and their custody, if any,
– Information about child and spouse support and care,
– Information on the division of assets obtained during marriage,
– Other relevant information depending on the case and reconciliation of the spouses.
The agreement must be filed with the petition, which will make the final decision within 16 days.
Divorce Transactions for Foreigners in Turkey
There are two types of scenarios that may be encountered for foreign citizens who apply for divorce after a while after they settled in the country by obtaining Turkish citizenship.
- One of the spouses is a Turkish citizen and the other is a foreign citizen
- Both partners should be foreign citizens living in Turkey
In the first case, foreign spouses of Turkish citizens in their own country if the opening is necessarily involved in divorce proceedings in the divorce application in Turkey.
In the second case, foreign citizens have the right to apply for divorce in the Turkish city where they reside. In this case, one of the following laws will apply:
– The country’s law, where both foreigners are registered as residents,
– The law of the country where they both reside, even if they are not their own country,
– If none of the above options are selected, Turkish laws
divorce cases in Turkey of foreign nationals will be given by the decision of the International Private Law and Procedural Law. The same principles apply to sharing goods and child custody after divorce.