Family Law
Family law is the branch of law that regulates the rights and obligations arising from family relationships. Marriage, divorce, custody, alimony, property division, paternity, adoption and protection measures against domestic violence are among the basic subjects of family law.
Family law cases are frequently seen in Istanbul due to population density, different family structures and the abundance of divorce processes. Since these processes involve both legal and emotional aspects, care must be taken to avoid loss of rights.
What is Family Law?
Family law regulates the rights and responsibilities of individuals within family relationships. Marital unity between spouses, custody of children, alimony obligation, property sharing and protection of family members are the main topics of this field.
Decisions made in this field of law can directly affect not only the parties, but also the children and the family order. For this reason, in family law cases, the characteristics of the concrete case should be carefully evaluated.
In which law is family law regulated?
The main source of family law is the Turkish Civil Code No. 4721. In the Turkish Civil Code, issues such as marriage, divorce, custody, alimony, property regime, lineage and guardianship are regulated in detail.
In addition, in cases of domestic violence and the risk of violence, protective and preventive measures may be taken within the scope of Law No. 6284. Therefore, family law is not just about divorce cases.
What Cases Does Family Law Cover?
Family law covers many cases and legal processes arising from family relationships. The conditions, evidence and results of each type of case are different.
| Case or Process | Explanation |
|---|---|
| divorce case | Termination of marriage union by court decision |
| consensual divorce | Spouses' agreement on divorce and its consequences |
| contested divorce | Failure of the parties to agree on the divorce or its consequences |
| custody case | Determining the child's right to care and representation |
| Alimony case | Request for economic support for spouse or child |
| sharing of property | Liquidation of property acquired during marriage |
| Compensation claims | Material and moral compensation due to divorce |
| paternity cases | Paternity, rejection of paternity and recognition processes |
| Adoption | Establishing a legal bond between the child and the adopter |
| Protection measures | Legal protection against violence or danger of violence |
Divorce Case
A divorce case is a lawsuit filed to end the marriage union by court decision. Divorce; It may occur by agreement or contention.
In a divorce case, not only the termination of the marriage but also consequences such as alimony, custody, compensation, property division and personal relationship with the child are evaluated. For this reason, the petition and evidence must be prepared correctly.
Consensual Divorce
Consensual divorce is when the spouses apply to the court by agreeing on the divorce and its consequences. According to the Turkish Civil Code, for consensual divorce, the marriage must last at least 1 year.
The parties must agree on the financial consequences of the divorce and the situation of the children, if any. If the judge listens to the parties personally and finds the protocol appropriate, he may decide to divorce.
Contested Divorce
A contested divorce occurs when the parties cannot agree on the divorce or its consequences. In these cases, fault, evidence, witness statements and the claims of the parties are important.
Reasons such as infidelity, violence, abandonment, insult, behavior that violates trust, economic pressure or the foundation of the marriage union may be put forward in contested divorce cases. The court decides based on the evidence.
custody
Custody refers to the child's right to care, education, health and representation. In case of divorce or separation, the court determines which parent will have custody.
The main criterion in custody decisions is the best interest of the child. The court evaluates the child's age, needs, educational status, relationship with parents and living conditions together.
Personal Relationship with the Child
The parent who is not given custody has the right to visit the child. The court makes personal relationship arrangements, taking into account the child's health, education and development status.
Periods such as weekends, holidays, mid-term breaks and summer holidays should be clearly defined in the decision or protocol. Unclear arrangements may cause new disputes after divorce.
Alimony
Alimony is the payment ordered to provide economic support for the spouse or child during the divorce or separation process. There are different types of alimony in Turkish law, such as precautionary alimony, participation alimony, poverty alimony and aid alimony.
When determining the amount of alimony, the economic situation of the parties, needs, expenses of the children and equity criteria are taken into account. Income documents and living conditions are important in alimony requests.
Precautionary Alimony
Precautionary alimony may be ordered to ensure the support of the spouse or children while the divorce or separation case is ongoing. This alimony provides temporary economic protection for the duration of the case.
For provisional alimony, the court evaluates the income status of the parties, the needs of the children and their current living conditions. At the end of the case, this alimony may turn into a different type of alimony or may end.
Participation Alimony
Child support is paid for the parent whose custody is not given to participate in the child's care, education, health and other expenses. It can continue until the child reaches adulthood.
The child's school, health, service, nutrition and social needs are taken into account in the amount of child support. Parents' financial ability is also important in the evaluation.
Poverty Alimony
Poverty alimony may be awarded in favor of the party who will fall into poverty due to divorce and whose fault is not more severe than that of the other spouse. This alimony is intended to maintain economic balance after divorce.
In the request for alimony, the income status of the parties, employment opportunities, standard of living and the fault that caused the divorce are evaluated. Alimony is not automatically awarded in every divorce case.
Material and Spiritual Compensation in Divorce
In case of divorce, financial compensation may be requested by the spouse whose current or expected interests have been damaged. Non-pecuniary compensation is the compensation that can be requested by the spouse whose personal rights have been violated.
Deception, violence, serious insult, humiliation or degrading behavior may be important in compensation claims. The court evaluates the fault of the parties and the gravity of the events.
Sharing of Property
Property division deals with the liquidation of property acquired during marriage. In Turkey, the legal property regime is, as a rule, the regime of participation in acquired property.
After the divorce, spouses may request participation receivables, contribution shares or value increase shares on the property acquired during the marriage. Real estate, vehicles, bank accounts and company shares are evaluated in this process.
Family Residence
Family residence is the common residence where spouses live together. The consent of the other spouse may be required for some transactions to be carried out on the family home.
The family residence annotation is an important legal tool for the protection of the spouse. This issue should be carefully evaluated, especially in cases where the property may be sold or transferred.
Jewelery
Jewelry is frequently the subject of dispute in divorce cases. It can be discussed who owns the gold, bracelets, necklaces, money and similar values worn at the wedding and who keeps them.
Witness statements, wedding images, photographs, bank records and statements of the parties are important in jewelry receivable claims. The request must be made clearly and concretely.
Paternity Cases
Paternity cases are related to the establishment, rejection or determination of the legal bond between the child and the mother or father. Paternity suit, denial of paternity and recognition can be evaluated in this context.
DNA examination, population records and party statements are important in these cases. Paternity cases have serious legal consequences for both the child and the parents.
Adoption
Adoption creates a legal bond between the child and the adopter. In this process, the best interest of the child is the primary criterion.
Adoption conditions are evaluated on factors such as age, duration of care, consent, social review and court decision. The process must be carried out carefully and in accordance with the procedure.
Guardianship and Appointment of Guardian
Guardianship is the process of appointing a guardian by the court for the protection and representation of some people. Guardianship may be on the agenda for minors, disabled people or people who need protection due to some health problems.
The person appointed as a guardian is obliged to protect the rights and interests of the person under guardianship. Guardianship proceedings are carried out under the supervision of the civil court of peace.
Domestic Violence and Protection Measures
Domestic violence is not just about physical violence. Psychological, economic, sexual and digital violence may also be subject to protection measures.
In cases of violence or danger of violence, removal, communication ban, removal from home and protective measures may be requested within the scope of Law No. 6284. These measures can be taken quickly.
Restraining Order
A restraining order is a preventive measure that prevents the person who commits or may commit violence from approaching the victim. This decision is an important protection tool to ensure domestic security.
In case of violation of the decision, sanctions such as forced imprisonment may be imposed. Therefore, the scope and duration of the protection order should be carefully monitored.
Evidence in Family Law
In family law cases, evidence is of great importance in proving allegations. Evidence must be obtained in accordance with the law.
| Type of Evidence | Area of Use |
|---|---|
| Witness statements | It is used to explain marital events. |
| Messages and correspondence | It may support allegations of defamation, threats, deception or coercion. |
| Social media records | It can be used in cases of infidelity or violation of personal rights. |
| Assault report | It is important evidence in allegations of violence. |
| Protection orders | It may indicate the process of domestic violence. |
| Bank records | It is important in property division, alimony and economic claims. |
| Land registry and vehicle records | It is used in property regime liquidation. |
| Expert reports | The child may be evaluated in custody or psychological status investigations. |
In which court are family law cases heard?
As a rule, cases related to family law are heard in family courts. In places where there is no family court, the civil court of first instance may hear these cases as a family court.
Family law cases in Istanbul can be heard in Istanbul Courthouse, Istanbul Anatolian Courthouse, Bakırköy Courthouse or other authorized courthouses, depending on the location of the parties, the type of case and jurisdiction rules.
Family Law Cases in Istanbul
Family law cases are seen frequently in Istanbul. Divorce, custody, alimony, property division, jewelry receivables and protection measures are among the most frequently encountered files.
The courthouse where the lawsuit will be filed in Istanbul may vary depending on the residence of the parties, the last shared residence, the situation of the children and the nature of the dispute. For this reason, it is important to determine the jurisdiction and competent court correctly.
The Importance of Working with a Family Law Lawyer
Family law cases are cases with heavy personal and emotional aspects. However, in these processes, it is necessary to act with legal strategy rather than emotional decisions.
Lawyer support; Preparation of the petition, presentation of evidence, determination of alimony and compensation demands, management of the custody process and prevention of loss of rights are important.
Legal Support from Attorney Mehmet Emin Kurşun
Correct legal support in family law disputes helps the process to be carried out more smoothly. Issues such as divorce, custody, alimony, property division, compensation and protective measures should be handled carefully.
Attorney Mehmet Emin Kurşun provides legal support in Istanbul in the fields of family law, divorce cases, custody, alimony, property regime liquidation, jewelry receivables and protection measures within the scope of Law No. 6284.
Things to Know Before Starting the Legal Process
Before starting the family law process, demands must be clearly determined, evidence must be protected and action must be taken in accordance with the law. If divorce, custody, alimony or property sharing requests are prepared incompletely, there may be a loss of rights in the future.
It is important for people who are considering filing a lawsuit in the field of family law in Istanbul to receive legal support at the beginning of the process. A properly prepared litigation strategy helps both protect the rights of the parties and ensure that the process progresses in a more controlled manner.
Frequently Asked Questions
What is family law?
Family law; It is the field of law that regulates marriage, divorce, custody, alimony, property division, paternity, adoption and protection measures against domestic violence.
In which law is family law regulated?
The main source of family law is the Turkish Civil Code No. 4721. Law No. 6284 is also important in terms of domestic violence and protection measures.
What cases does family law cover?
Divorce, custody, alimony, property sharing, jewelry receivables, paternity, adoption, guardianship and protection measures can be evaluated within the scope of family law.
In which court is the divorce case filed?
Divorce cases are filed in family court. In places where there is no family court, the civil court of first instance may hear the case as a family court.
How many years must the marriage last for consensual divorce?
For consensual divorce, the marriage must have lasted at least 1 year. It is also necessary for the parties to agree on the divorce and its consequences.
What is considered in a custody decision?
The main criterion in custody decisions is the best interest of the child. The child's age, needs, educational status and relationship with the parents are taken into account.
What are the types of alimony?
Precautionary alimony, participation alimony, poverty alimony and aid alimony are the main types of alimony.
How to share property in divorce?
Property division is made according to the property regime between the spouses. As a rule, the legal property regime is the regime of participation in acquired property.
What precautions can be taken in case of domestic violence?
Removal, communication ban, removal from residence and protective measures may be requested within the scope of Law No. 6284.
Why is family law lawyer support important in Istanbul?
Family law cases in Istanbul involve intense and technical processes. Legal support in divorce, custody, alimony, property division and protection measures reduces the risk of loss of rights.
