Divorcing Guide in Turkey

If you (as a foreigner) are married to a Turkish citizen, and think it is time for separation, here is some general information about how the divorcing procedure works.

Since the rise of lockdown I get divorce cases every week and receive tens of questions about divorcing. Every separation brings hard times but when children and money is involved, I can say by experience that the situation gets more difficult. Especially the foreigners that are married to a Turkish citizen are “scared” and looking out a way for separating peacefully. Therefore, I wanted briefly to explain the procedure with the answers of frequently asked questions included about divorcing in Turkey.

First of all, in order to get divorced, you have to be married officially in Turkey. If you got married abroad but not have it registered it in Turkey, you can NOT open a divorce case in Turkey.

According to Turkish Civil Code, there are 2 ways of divorcing (2 types of divorce cases). They are different cases with different costs and timeline. You need to find out which path you will (can) take.

Consensual (Anlaşmalı Boşanma) and Contentious (Çekişmeli Boşanma) case

Consensual Divorce cases

Should both parties agree on divorcing and its terms and conditions, in other words can come to a consensus, the consensual divorce case should be opened. The parties must prepare a protocol and apply to the court. Still one party has to be called the plaintiff and the other party the respondent or defendant.

According to Turkish Civil Code article 218, the couples that got married after the year 2002, are subject to statutory property regime, which briefly means, the parties have 50% shares on every property that is bought within the marriage. (Inherited properties or the properties bought by lottery prizes are exceptional). For the parties that got married before 2002, whomever has his/her name on the title deed, owns 100% shares of the property and does NOT have to share the other 50%. Mind that the property is not only real estates but also the cars, yachts, savings accounts in the banks…  It is essential to know your rights before signing the separation protocol.

Consensual divorce case is a faster and cheaper way to the sentence. The protocol has to be signed by both parties and MUST be confirmed at the hearing verbally. This means both parties have to present at the hearing. So if one party is not in Turkey and/or not able to come the courthouse on the hearing date, you can NOT follow this path and have to go with contentious case. Your lawyer alone in the hearing confirming your protocol verbally is NOT accepted.

Foreigners must bring a sworn translator to the court unless they prove (the judge) that they speak sufficient Turkish.

In consensual divorce case, the key point is the separation protocol. It has to include all of the terms and conditions of separation. The reason is that, later on you can NOT open another case against the terms you agreed and accepted in the protocol. (The only exception is the alimony for the child)

The separation protocol MUST contain at least the following terms and conditions.

• How the goods will be shared (real estates, cars, properties and cash)
• Custody, visiting rights, personal relationship conditions and alimony for the child (below age 18) Children over 18 are not a subject to the protocol.
• Alimony, indemnity and compensations (for parties)
• Judgement fees, counterparty lawyer fees etc.

The protocol MUST BE written and handed in in Turkish.

The last article is going to be “The parties will have NO other claims in the future from each other” therefore, you have to be very careful what you are accepting, giving away before signing it.

Each protocol is different that another as each divorce case is different than another. Do NOT  download a template protocol on internet and fill in the gaps. The more solid your protocol is, the less chance of future conflicts and loss of rights.

Here are the steps of consensual divorce cases :

• Prepare your separation protocol (Has to be signed by both parties)
• Appeal to court (One party has to open the case against other)
• Be present at the courthouse on the hearing date
• Get the “short decision” at the hearing and wait for the “reasoned decision” (which will be sent to both parties by national post within 2 weeks)
• Each party has 2 weeks to appeal to supreme court after receiving date of the “reasoned decision”.

Once 2 weeks is over (for both parties) the court will make the absolute decree (by itself) and you are officially a widow. Although there no restrictions for men, the women can NOT get married again until 300 days passed over the absolute decree. In case of the couple having one final love affair, and the woman gets pregnant, the father has to be determined.

Contentious Divorce cases

In case the parties can NOT agree on the terms of separation or in case one party is NOT willing to divorce, then it is called the contentious case. Mind that it is a highly tiring, stressful, and relatively expensive case.  The “judgement” takes average 2-3 years depending on the complexity of the demands (from each other).