Marriages to foreigners are not uncommon in today's society, and every year hundreds of Russian-speaking girls, married to Turkish nationals, go to sunshine to build their happiness, and more and more beautiful women wonder how divorce and marriage take place in Turkey.
Existing laws on marriage and divorce in Turkey
Turkey has several laws relating to family relations and the protection of women ' s rights.
First of all, the State relies on Law of the Republic of Turkey No. 6284, entitled "On the protection of the family and the prevention of violence against women".
The Civil Status Act is also in force in the solar country and family law is regulated by articles 118-494.
Another regulation that contains provisions on family relations is the Law on Private International and Procedural Law.
All these acts also set out the obligations of both parties, including mixed families.
In Turkey, only marriages concluded by public authorities have legal force; the so-called Imam Nikah (religious betrothal) does not have the support of the law.
How to Marriage in Turkey
When a foreign woman decides to marry a citizen of the Republic of Turkey, she goes to his home country and the wedding is played in a solar country, and thus the marriage is in accordance with local laws and traditions.
Official registration of a marriage with a Turk
In Turkey, the so-called Evelndirme Dairesi is registered.
In order to establish a family of Turkish nationals, a foreign woman will have to collect a package of documents:
- Photos (4 grand) taken no more than six months before the submission of the documents.
- Original and copy of a foreign passport (some cities also request a notarized translation into Turkish).
- Birth certificate with apostille: The documents of the Soviet model are not accepted, a new copy is required, but not all registrations require the submission of the paper; this point needs to be specified in the town where the wedding is to take place.
- The certificate of no obstacle to marriage must be translated into Turkish and certified by a notary.
- Divorce certificate for those who used to be married.
- No major illness certificate (it can be obtained from any public or private clinic in Turkey).
- Residence permit (if any).
Packages may vary from province to province and from city to town, so details need to be found locally.
Once the documents have been collected, the date of the marriage is set. Both parties must be present in the register (Evelendirme Dairesi).
A man and a woman must personally confirm their consent to marry, and two adult witnesses are invited to attend the ceremony and a new family certificate will be signed in their presence, followed by a marriage certificate for the newlyweds.
Marriage procedure for Russian citizens
For example, if two Russian nationals live in the territory of a solar country (with a residence permit or a work permit), they must contact the Russian consulate to which their city of residence belongs.
They will also be required to provide a full package of documents and a certificate that they are not married; the necessary papers can be ordered from the Russian Consulate.
Turkish wedding customs and traditions
It starts with an engagement (Nishan) when the groom's family asks the girl's hands from her parents.
The engagement ceremony is sometimes larger than the formal registration procedure.
Then there's the night of henna, so to speak, saying goodbye to single life, where only women are present at this ceremony.
That night, musicians sing sad songs to touch the bride and her parents, and then the girls' hands cover the pattern of the hen and dance.
The next day a marriage takes place, the groom takes the bride out of the house and takes her to the register office, and after the official ceremony, the cortex goes to the place of celebration.
Turkish weddings are usually attended not only by relatives and close friends, but also by neighbours, colleagues, and anyone who has any knowledge of the groom or the bride.Light snacks and non-alcoholic drinks can be found on tables, and in the west of the country the wedding is often marked with champagne and cancer.
Instead of wedding gifts, gold coins are usually presented, and when the holiday is over, young people go to their own home.
Is a marriage in Turkey valid in Russia?
- According to article 158 of the Family Code of the Russian Federation, marriages contracted abroad with a foreigner are valid in Russia.
- In addition, both countries, Russia and Turkey, are parties to the Convention, which eliminates the need to legalize family unions concluded in another country.
- The only thing that will need to be done is to apostulate the marriage certificate in the province where the marriage took place.
The document should then be translated into Russian and certified notarized; the paper should then be taken to the Russian Consulate; or it should be taken to its home country in person at the civil registry office.
Fake marriage for a residence permit and citizenship
Twenty years ago, a Turkish citizen could have been automatically married to a resident of the country.
Today, the rules have changed.
To acquire citizenship, you have to live with your spouse for at least three years and then prove that the marriage was made out of love.
So it's easy for young people to get checked into the house to see if these relationships are real, and if a woman claims citizenship, the police will come into the house more than once.
Checkers see if the husband's belongings are in the house, find out how well the couple know each other, and even question the neighbors.
If it is established that marriage is false, citizenship and residence permits will be refused forever, and within 15 days the perpetrator will have to leave the country with a deportation period of five years.
How to Divorce in Turkey
Marriages are not always arranged once and for all; sometimes couples decide to break up a union.
Disputable and undisputable divorce
In the first case, only one of the parties decides: the second spouse does not consent.
The causes range from conflict and disrespect to treason and threats to life or health.
In this case, the plaintiff before the court will have to prove the defendant ' s guilt, otherwise the termination of the family relationship will be refused.
In the case of an undisputable divorce, one party may also initiate the breakup, but the divorce is a mutual one, and the spouses come to court, having already agreed on the division of property and the upbringing of their children.
What kind of documents do you want?
Divorce in Turkey will also require the collection of a package of documents; the court will need to provide:
- A statement indicating the identity of both spouses and the reasons for the divorce, to be filled in in Turkish; if both parties agree to the dissolution, this shall also be stated in the application.
- Agreement on the division of property and agreement on the upbringing of children (if possible).
- Evidence of the need to break up a marriage, e.g. testimony from neighbors about constant scandals, photos of a spouse with another woman as evidence of treason, phone records or correspondence.
- Marriage certificate.
- Identification documents.
Maintenance if there are children
It is true that the child must be a Turkish citizen.
A woman must also write about wanting alimony in her divorce application.
In this case, the court will oblige the father to pay monthly payments, starting with 500 lire and depending on the level of income of the man.
Duration and cost of the procedure
This period may be extended several times by Femida, so divorces in Turkey sometimes last for years.
And some couples decide to be husband and wife officially, but to live separately.
Besides, divorce in Turkey is costly.Only 40 lire will be required to file an application to the court.
But without the participation of a lawyer, there is no divorce, so in an undisputable divorce, a lawyer can claim a sum of 5,000 lire, and in a unilateral application, a sum of 7,000 lire, and depending on the circumstances, the amount can increase to tens of thousands.
Main causes of divorce
The main reasons for divorce are laid down in the Civil Code of the Republic of Turkey:
- Contempt or degrading treatment by one of the parties;
- Domestic violence;
- The commission of an offence by one spouse against the other;
- Treachery;
- Segregation due to a reluctance to maintain a greater relationship;
- Mental illness of one of the spouses.
Thickness of division of property upon dissolution of marriage
In Turkey, property issues in divorce are also regulated by the Civil Code, so that everything acquired by a husband and wife during marriage is divided equally if a marriage contract has not been drawn up.
The list of fissile property consists of:
- Real estate;
- Motor vehicles;
- Cash deposits;
- :: Property.
What was acquired before the wedding isn't divided.
Despite the fact that the court is trying to separate the spouses by law, it is worth knowing that the State will always stand by its citizen, especially with regard to the upbringing of children and the division of property.
Who will the child stay with after the divorce in Turkey?
Divorce involves the decision of former spouses on many issues, including residence, upbringing and maintenance of common children.
After divorce, one parent usually loses the right to live with the child, but this does not deprive him of the right to participate in the upbringing and maintenance of the child in Turkey.
At the outset, I would like to complain about the most unpleasant situation: among our compatriots, this article is the most pressing topic, but almost all Russian-speaking groups in Turkey are battling the article.
It is possible that groups are run by men who do not want foreign wives to know about their rights, asking readers to distribute this article in chat rooms, groups and forums, as well as to join the page communities.
Let's stand by and help women who have to endure the abuse of their husband by constantly blackmailing children!
E-mails and phone calls on custody-related issues after a divorce from a Turkish citizen are one of the most relevant topics of foreign nationals in Turkey. The mother's greatest fear is separation from her child.
At the outset, we note that each situation is individual, so the only way to respond fully is by knowing the detailed circumstances of each individual case.
But some general points about the custody of a child after the divorce of a foreigner with a Turkish citizen, we will see in this article.
On our Telegram channel, you can always be familiar with news, new articles, stories from foreign jurisprudence and various changes in Turkish law, and sign and watch useful publications.
What's Trusteeship?
To begin with, the term of custody is certain rights and obligations of parents to ensure the safety and proper development of the child, to care for him or her. Note, not just living with one of the parents after a divorce, and it is the term "guardie" that is used in court decisions on who the child will remain after a divorce.
The term "guardian" in this context does not mean "guardianship", but is used as a term that confers upon the parent the right to be with the child after divorce: to make room or to have a place for the child's residence, care, upbringing, including its maintenance and running costs (food, clothing, education).
Except in cases where there is a rare arrangement in Turkey for joint custody of a child with his or her parent ' s habitual residence, it is necessary to determine the child ' s place of residence after divorce, which is why, after divorce, the conditions for the participation of a parent who no longer lives with the child in his or her upbringing and maintenance must be determined in accordance with the legislation in force in Turkey.
According to the Civil Code of the Republic of Turkey, every child under the age of 18 needs guardianship.
If the child ' s father and mother are married, custody of the child must be exercised jointly and in a coordinated manner by both parents.
After a divorce in Turkey, only one parent was entitled to custody of the child, and joint custody of the child could no longer be exercised after the divorce.
Definition of Opeka Nad Child under the Parental Agreement.
This is one of the simplest options for resolving the issue of custody of a child after a divorce, in which the minimum number of people are involved, since parents will agree between themselves that such a joint agreement is the least traumatic for the child.
According to article 133, paragraph 3, of the Turkish Civil Code, the legislature defines the content of the document as an agreement on which of the parents the minor children will reside, as well as on the manner in which the child will be paid maintenance and/or to the spouse in need of work, the amount of child support, and the manner in which the child will be treated as a child, which is particularly important for the parent who will reside separately after the divorce.
In judicial proceedings, in the vast majority of cases, the minor child remains with the mother, but the father has the right to participate in his upbringing, to see, to decide on matters relating to his treatment, education, rest, etc.
The "child agreement" shall be drawn up and signed by both spouses in two copies; the notary's assurance is not required; however, if the children's agreement is drawn up with the participation of a notary, it shall be in three copies: one of them shall remain in the notary's archive, two of them shall be handed over to each of the parents.
It is desirable to entrust the drafting of such an agreement to professional lawyers specializing in family law, since the professional will be able to take into account the many subtleties and nuances that arise between parents after divorce; it is also important to bear in mind that if parents have two (or more) children, the agreement must provide for all the conditions for each child.
All of the above-mentioned requirements of the Children's Agreement are not limited to determining the rights and interests of parents; however, the Agreement will not be valid until the child's rights and interests are fully respected by the parents in the event of the dissolution of the marriage.
The Turkish Court determines who will be given custody over the child.
If the child ' s place of residence, custody, meeting rights and maintenance cannot be agreed upon, the parties may request assistance in the form of a family dispute settlement procedure from professional lawyers before the court proceedings are initiated.
If the procedure also fails to reach agreement, the only way to resolve the issue in court during the trial is to take into account the interests of the child and his or her own opinion.
The judicial authority may request an opinion from the social authority in the place of residence of the divorced parties, waiting for you at Telegram Canal of our company.
Like other issues related to the consequences of divorce in Turkey, the issue of guardianship should be decided only by a family court on the territory of the Republic of Turkey.
If Mother Inostranca in Turkey is awarded custody by Nad Kid, does Li have a mother's citizenship influence on the decision in the award of Opeka Nad Child?
All judicial matters relating to the custody of children in the divorce of a foreign woman with a Turkish citizen are based on Turkish law and the International Acts; the direct issue of guardianship is regulated by articles 335-351 of the Turkish Civil Code and international instruments for the protection of children.
We wish to emphasize that, when deciding on the custody of children following divorce in the Republic of Turkey,The nationality of the foreign spouse does not affect the outcome of the court decision.In the first place, the court acts in the best interests of the child, i.e. regardless of the nationality of the mother, whether she has dual nationality, whether she is a foreign woman or a Turkish woman, the interest of the child is taken into account.
Consideration of the place of residence of minor children and the manner of communication with them following the divorce of the parents may arise on the basis of a separate application to the family court at the place of residence of the defendant of one of the parents, or as a claim in the dissolution of the marriage between the spouses.
What is the Court Procedure in the Opeka Question?
According to the Turkish Civil Code (Family Code), if the agreement on children violates the interests of the children or one of the spouses, the court, by rejecting the agreement, is obliged:
- To unilaterally determine with which parent minor children will reside after divorce;
- To determine which parent and the extent to which alimony is recovered for their children.
Thus, in the absence of a voluntary agreement or invalid agreement, the court is obliged to determine all the rights and obligations of parents with respect to their minor children, as well as the place of residence of the children and the manner in which they communicate with them.
Before deciding which parent will remain with the child, the court must personally listen to the child ' s mother and father. If you do not know the Turkish language perfectly, it is better to use the services of a Russian-speaking interpreter in this situation, or even better, to conclude a contract with a divorce lawyer.
- Considering that the welfare and protection of the interests of the child is always the paramount priority for the court, the decision shall take into account the child ' s age, level of development, education and needs.
- It should be noted that the social and economic situation of the mother and father, their education and the circle of communication are important factors in the decision-making process.
- Given that young children are in dire need of maternal care and special care, according to Turkish law, the custody of young children is mainly given to the mother.
There are also isolated cases in which guardianship is awarded to a Turkish father by depriving a foreign mother of the right to live with a child. In this case, there is a need to fight for her rights. The child must remain with the mother. In this situation, it is more appropriate to use the services of a lawyer.
However, if there is conclusive evidence that living with the mother would interfere with the normal mental, physical and personal development of the child, and that it may be dangerous for the child, i.e. if the mother has an immoral lifestyle, is seen in the relationship with other men, has harmful habits, and in this case the court has the right to make the father a guardian.
Rights and Opinion of the Child in Turkey On the Appointments of Opeka to the Child?
Under the United Nations Convention on the Rights of the Child, as well as the European Convention on the Exercise of Children ' s Rights, which was adopted in the territory of the Republic of Turkey, every child who is able to express his or her views freely has the right to express his or her opinion in court proceedings; the court must take into account the child ' s position; and read the article on the child ' s participation in the court of Turkey on the blog.
Turkey ' s court always took a decision to grant custody to one of the parents in an objective and impartial manner; the child ' s welfare was always a primary priority for the judge; the court could not assign custody to anyone other than the mother or father, except in cases where the parental rights of the spouses had been deprived.
This is the case in cases of non-consensual custody of children by the parents following divorce in the Turkish courts, where the mother of the child has voluntarily agreed to give custody to the father in the divorce proceedings, it must be borne in mind that she will not subsequently be able to demand the restoration of custody rights.
At the request of the parents (or either of them) in accordance with the procedure established by Turkish civil procedure law, the family court, with the compulsory participation of the guardianship and guardianship authority, has the right to determine the place of residence of the children until the judicial decision on the determination of their place of residence (gečici velayet) becomes enforceable.
Thus, when the claim indicates the child ' s or children ' s desired place of residence, the lawyer or claimant must justify the child ' s advantage of living with that parent.
In other words, the circumstances that shape the child ' s environment, the child ' s passions, the existence of friends, the community formed in a school or a pre-school institution, and the territorial preference for living in connection with visits to institutions need to be justified.
In addition, the application must also indicate which parent or other relative devotes more time to the child ' s upbringing and care.
Support for the Child
Both parents are responsible for the maintenance of a child under the age of 18 or after the age of 18 if the child continues to study in a higher education institution, even if they are separated from each other. The parent who does not live with the child pays alimony to the parent who lives with the child. The child ' s rights to maintenance can be studied in more detail by going through SYLKE.
On our Telegram channel, you can always be familiar with news, new articles, stories from foreign jurisprudence and various changes in Turkish law, and sign and watch useful publications.
Conclusion.
In conclusion, we recall that in the article we outlined the general features of the topic of custody of children in divorce proceedings before the courts of the Republic of Turkey.
Every single situation is individual, but in a situation where parents wishing to divorce in Turkey are citizens of different countries, one of the aggravating factors, both in the divorce process itself and in matters related to its consequences (in this case guardianship) is the difference in culture, the mentality of the nation, and in addition to the already existing tensions over the very situation of divorce, it is very easy to make a mistake.
And if the divorce issue is already resolved to avoid misunderstandings, to avoid errors, we strongly recommend the use of the assistance and individual advice of lawyers, who, knowing Turkish law well, are themselves from countries in the post-Council area.
Procedure for the dissolution of marriage with a Turkish citizen
Today, marriage with a Turkish citizen is not uncommon, as is the dissolution of a marriage; in the latter case, divorce with a foreigner is complicated by the rules of another country.
Our compatriots are facing a difficult situation. How do we divorce the Turkish people? Where better to do this is Russia or Turkey? How can we start the divorce process and what will be left to the ex-wife after the divorce? We will answer these and other questions in our article.
Legalization of marriage in Turkey
First of all, the marriage registered by the Turkish State authorities is legalized by the consular department of the Ministry of Foreign Affairs of Russia.
This formality is important because, otherwise, the spouses will not be able to divorce on Russian territory, because the marriage is not certified, and the stamp of the apostille on the marriage certificate can also be stamped at the Russian consulate on Turkish territory.
If a marriage to a foreigner is entered into in Russian territory or in the Russian consulate, it does not need to be legalized.
Divorce with a Turkish citizen in Russia
The procedure for divorce of a foreigner is the same as that of a Russian citizen: again, the rules of the UK of the Russian Federation apply.
Marriage shall be dissolved:
- In the civil registry, if there is no dispute over the place of residence and upbringing of children and about the property acquired jointly;
- in court if there is a disputed situation or the spouse does not consent to the divorce.
Divorce of a Turkish citizen through the civil registry
If there is no dispute, the divorce procedure is standard: a Turkish citizen, either by hand or through the postal service, applies to the civil registry for the dissolution of the marriage; in the latter case, the applicant ' s signature must be notarized; in the case of divorce, one of the parties must be present; in our case, a spouse residing in Russia is sufficient.
The law allows for registration of divorce through the consular office of the Russian Federation in Turkey.
Divorce of a Turkish citizen through court
There are often situations where divorce through the registry is not possible.
- If the applicant does not know where the spouse lives, the last place of residence or the location of his property should be indicated in the claim; it should be noted in the document that the applicant does not have the opportunity to leave the defendant ' s place of residence, or the latter ' s place of residence is unknown.
- The defendant must be informed of the commencement of the divorce proceedings; the spouse has the right to know the requirements of the second party, even if he does not attend the court hearing.
- If the defendant objects to divorce, the court shall allow time for conciliation, usually up to three months.
If a marriage is registered in Russia, it is considered to have been dissolved from the moment it is recorded in the register book, if it is registered in Turkey and if it is dissolved in Russia, from the moment the court decision is recognized by the Turkish authorities.
Divorce in Turkey
Practice shows that most divorces are initiated by our compatriots, and they tend to want to divorce in Russian territory, for several reasons:
- Often at the time of divorce, the spouse lives (or has been married permanently) in her home.
- The divorce procedure in Turkey has a number of features that do not benefit both the plaintiff and the defendant.
- It is believed that foreign nationals in Turkey do not have any rights, that the ex-wife will be deported after the divorce, that she will have nothing, and that the children will be left with her father.
Indeed, the rules of the family law of the Republic of Turkey are somewhat different from ours, but the rumours of the disenfranchisement of a divorced wife are greatly exaggerated, and it is sufficient to refer to Turkish law.
The dissolution of marriage in Turkey takes place exclusively through the courts, and the divorce proceedings are conducted by the family courts of special jurisdiction, Aile Makhemesi. The application must be filed with the court in the place of residence of the applicant or both spouses, and the parties must stay at a specific address for at least six months.
Turkish legislation has such concepts as:
- Disputed divorce.
- Undefeated divorce.
In the latter case, the divorce procedure was somewhat simplified, but could be claimed by couples who had been married for at least one year.
Disputable divorce
Where there is no consent of the other party, the reasons for divorce may be:
- Common - serious conflict between spouses or disrespect;
- Special - marital infidelity, threat to the complainant ' s health and life, insult, violence, mental disorder, crime committed by a second party, etc.
The defendant must be proved guilty in court, otherwise the dissolution of the marriage will be refused, and the applicant has the right to claim compensation for the material and moral damage suffered in the divorce.
Undisputable divorce
The institution of the divorce proceedings is also one of the parties, and the applicant provides the court with an agreement (protocol) on the division of property signed by both spouses.
The document also provides for the residence and upbringing of joint children and, in the absence of any objection and with mutual consent, divorce takes place on the basis of an agreement.
The presence of both sides is mandatory.
The Turkish legal system is the guardian of the family, the court does not make a quick decision on the dissolution of a marriage, and couples are almost always given time to reconcile; it is usually calculated over the years.
Segregation
One of the spouses may ask the judge for separation (from one year to five years) if there is a possibility that the couple will reunite; the court shall apply separation on the same grounds as the dissolution of the marriage; and if the reconciliation has not taken place and the spouses continue to live separately after the expiry of the period, they shall inform the judge and ask for the divorce again.
Consequences of divorce in Turkey
- After divorce, each of the spouses retains personal property (prior to marriage, gifted, inherited, acquired by personal means).
- An ex-wife loses her husband's last name, and if a woman wants to leave her last name, she has to prove to the court that it won't hurt her ex-wife.
- If the former spouse does not have a place of residence, the court has the right to give her the family home (provided that the divorce was caused by the fault of the spouse), and the judge may order the man to pay alimony to the ex-wife indefinitely.
- There is no concept of joint custody of children in Turkish law; the court entrusts the child to a more suitable party; the other party is awarded maintenance.
- If the woman has not obtained Turkish citizenship or the period of marital life has not exceeded three years, the residence permit shall be revoked upon divorce.
- A woman is not entitled to marry within 300 days from the date of the divorce; there is an exception to this rule: the waiting period may be abolished if the woman provides a certificate of absence of pregnancy.
- After divorce, the right to inherit is revoked.
Divorce of an alien.
Article 160 of the Criminal Code contains the basic provisions governing the dissolution of marriage to an alien.
- A court may not dissolve a marriage concluded between foreign nationals, stateless persons or a marriage union concluded between an alien and a stateless person.
- Marriage is not dissolved on the application of a citizen of another country, who is not proud of the fact that the second party is a resident of Russia.
- Marriage may be dissolved on the application of a Russian citizen if he or she does not reside in the territory of the Russian Federation, in which case the resident must contact the Russian consulate on the territory of a foreign State.
- A broken marriage is valid if it is dissolved in the territory of another country, in accordance with the law of that State.
Of course, divorce through the application of the laws of another country is sometimes a serious problem, and when we decide to divorce abroad, our compatriots are confronted with a lack of knowledge of State laws and local customs, as a result of which we are unable to control the divorce process and the unpredictability of the judicial decision.
If you have decided to divorce, we are prepared to provide advice and practical assistance, and our lawyers specialize in family law, alimony, inheritance law.
When you come to us, you will not only receive qualified advice on matters related to divorce, recovery of maintenance, division of property, inheritance, we will legally prepare the necessary documents and present your interests in court, and we will make sure that the divorce process, including with a Turkish citizen, is carried out as quickly as possible and in accordance with your interests.
Divorce in Turkey - Best Turkish Advocate
The dissolution of marriage, the procedure for applying for maintenance, custody of children and all related matters are subject to the law of the country of nationality of the spouses under article 14 of Law No. 5718 on Private International Law, where the spouses are nationals of different countries, the divorce is subject to the jurisdiction of the country of their common residence, if the spouses reside in different countries, to Turkish law.
The grounds for divorce in Turkish law are divided into private and general and are regulated by the Turkish Civil Code.
Common grounds: dissolution of the marital union, divorce by consent of both parties, separation for three years.
If the spouses cannot strengthen the marital union, which has been dissolved since its founding, one of the spouses has the right to file for divorce under article 166 of the Turkish Civil Code.
Provided that the marriage has lasted for more than one year and the mutual application of the spouses for divorce, the marriage is deemed to have been dissolved from the moment it was founded; the divorce decision requires the personal presence of both parties.
The court may, on application of one of the spouses, decide on divorce in the event of separation within three years of the judge ' s refusal to accept the application for divorce.
Private grounds for divorce are attempted life, shameful life - style, bad conduct, or conduct that offends the honor of the spouse, the commission of a crime, treason, and mental illness.
If one of the spouses leaves the other to avoid the performance of his or her marital duties (or without any valid reason) and does not return within a period of at least six months, the left spouse shall be entitled to file for divorce, provided that the judge ' s formal request for the return of his or her spouse remains unanswered; a formal request from the judge shall contain an invitation to the husband to return to his or her place of common residence and a description of the consequences of the non-return.
A spouse who is innocent or less guilty of divorce has the right to recover material compensation from the guilty party.
If the spouse has violated the personal rights of the other, which led to the divorce, the injured party has the right to claim compensation for moral damage.
Since treason violated individual human rights, the court could declare a divorce and order the guilty spouse to pay monetary compensation to the other spouse for moral damage.
A spouse may also claim moral compensation if he or she is insulted, and a spouse may not receive financial compensation for moral damage if he or she responds insulted or recommends insult to the other spouse.
The procedure for divorce by mutual consent (consensual agreement) of the spouses is as follows:
- The conclusion by the spouses of a contract for the dissolution of a marriage by mutual consent, which includes: agreement on custody and parental rights; issues of maintenance and compensation; financial and property matters, etc.
- Application for divorce and divorce by mutual agreement to the family court (Aile Mahkemesi). If there is no family court on the spot, the documents are submitted to the civil court (Aslye Hukuk Mahkemesi);
- Confirmation of the consent of the spouses to divorce, decision-making and court decision in one hearing.
- Divorce proceedings without mutual consent if there are disputes or disagreements between the spouses (divorce proceedings take place in several hearings):
- Preparation of an application for dissolution of marriage;
- Submission of this application to the relevant court and notification to the other party;
- Hearing of the parties ' claims and review of the evidence provided;
- Hearing by the court of witnesses from each party (minors and relatives may also be witnesses);
- Decision-making by the court.
Article 168 of the Turkish Civil Code definesjurisdictionIn the case of divorce, where divorce proceedings have begun in Turkey, the rules of the jurisdiction of national law shall apply. Art. 168 determines the competent court for divorce: the competent courts for divorce shall be the place of residence of the parties or the place of residence where the parties have resided for the last six months.
In 1995, the Court of Appeal ruled that the rule of divorce jurisdiction was not specific and that the rules of general jurisdiction could be applied; therefore, divorce proceedings could also be brought in the defendant's place of residence or, in his absence, in any Turkish court.
If the treaty between the Russian Federation and the Republic of Turkey on mutual legal assistance in civil, commercial and criminal matters of 15 December 1997 has not entered into force, after the divorce in Turkey has been settled, the applicant must apply to the Russian court for reconsideration of the case; for this procedure, documents issued by the Turkish court and legalized by the relevant legislation must be provided.
How to divorce a Turkish citizen?
A year ago, a marriage was contracted with a Turkish citizen on Turkish territory. Marriage was not legalized in Russia. We lived together for a week, we lived separately for a year, I live in Russia, my husband keeps calling and texting me and my acquaintances and relatives on the phone with insults and apologies. I want to divorce him.
The divorce of an alien takes place in almost the same manner as the dissolution of a marriage with a citizen of the Russian Federation. Marriage may be dissolved both in the registry and in the absence of disputes concerning children and in the courts, in the absence of such disputes and in the absence of the consent of the spouse.
For divorce in the registry office, a foreign spouse residing outside Russia must file a self-written and notarized divorce application with the registry office, in which case a standard divorce procedure is carried out in the registry office.
A spouse residing in Russia will be present at the State registration of the dissolution of a marriage.
Another option is to apply for divorce to the Russian consular or diplomatic representation on the territory of residence of a foreign spouse.
If divorce is not possible through the civil registry, there is a procedure for the dissolution of a marriage with a foreign national through a court, but there are a number of difficulties. (1) A divorce application can only be made at the defendant ' s place of residence.
If a foreign national does not reside in Russia, his or her last place of residence or the place of residence of his or her property may be indicated.
It should be pointed out that the defendant ' s new residence is unknown or impossible to leave.
(2) The defendant must be informed of the application for divorce and divorce, but only if the defendant is informed of the plaintiff ' s request for divorce (and this must be documented), the court may commence the divorce proceedings without his or her presence, and the rights of the absent party to the proceedings are respected.
If a marriage between a Russian and a foreigner was entered into in Russia, the moment of its official dissolution (in the registry or court) would be the time of the amendment of the civil registry.
If the marriage was entered into in a foreign State and dissolved in Russia (in court), the moment of its official dissolution would be the moment of recognition of the judgement in the country that registered the marriage.
Some nuances of divorce in Turkey
There are two types of divorce in Turkey.
It's a divorce on the basis of a claim, the fastest and easier way to dissolve a divorce is a divorce by mutual consent.
Unfortunately, however, it is not always possible for a couple to agree on the same terms and to divorce by mutual consent.
Causes
The reasons for divorce are quite different, and the reasons for divorce are laid down in the Civil Code of the Republic of Turkey.
The main reasons are one spouse's disrespect for the other, the commission of a crime, treason, the dissolution of the union between the spouses, separation, domestic violence, psychological pressure, psychological or mental illness of one of the spouses; divorce requires the fault of the spouse, otherwise the dissolution of the marriage will be refused.
What can you expect from a divorce?
This is, of course, one of the first questions our compatriots ask, first of all, how the spouses will divorce, by mutual consent, or the divorce process, and the marriage proceedings are handled by the Family Court (Aile Makhemesi).
If there are claims, the divorce proceedings must take place in the court of residence of the spouses for the last six months, or in the place of residence of the applicant; an application must be lodged with the court; in the case of divorce, both by mutual consent and on the basis of a claim, maintenance may be sought for the children as well as for themselves.
You can make a request for moral and material damage.
In the case of a divorce by mutual agreement between the parties, a contract for the dissolution of the marriage shall be drawn up, which shall specify all the terms of the agreement of the parties both alimony and the amount of material and/or moral damage.
What should be taken into account when applying for the dissolution of a marriage by mutual consent?
Under Turkish law, divorce must be brought before a court, only through a court, and the family court of the spouse ' s place of residence must be contacted.
In order to divorce by mutual consent, the spouses must draw up a protocol, which must contain all the elements including compensation, division of property, separation of children and the right to exercise parental responsibilities.
The report may indicate, with the consent of the spouse, that the spouse may continue to use his or her family name.
If this is not prescribed, the husband ' s name shall be removed from the husband ' s ex-husband ' s name after the divorce and shall already use his maiden name.
It was very important to indicate the amount of maintenance for both children and spouses, to indicate the amount, the duration of the maintenance payment and how the amount of maintenance would increase during the current year.
After all the paragraphs have been signed by the parties to the contract, a declaration of divorce must be made and signed, one of the parties being the applicant and all the court surplus for divorce shall be paid by the applicant.
There is no need to have witnesses in a mutual consent divorce; once an application has been filed with the court, the court will consider the application for divorce and, in the absence of any defects in the application, the court will set a date for the hearing.
In the case of a divorce by mutual consent, the presence of both spouses at the court hearing is mandatory, the judge reads out the paragraphs of the divorce protocol and asks for the consent of the parties to the divorce.
After the court hearing, the parties have the right to appeal the court ' s decision to the Supreme Court in the prescribed order, after which the court ' s decision will enter into force and the parties will be formally divorced.
Only couples whose marriage has lasted more than one year can apply for a divorce by mutual consent.
The spouses together file for divorce, or one of the spouses does not agree with the other spouse ' s application, the court may dissolve the marriage.
If a girl divorces her husband ' s family name, she must be mentioned in the report and the amount of maintenance and material damage, if any, must be indicated.
If girls who do not have Turkish nationality or who have not been married for three years have decided to divorce, it is important to take into account the fact that the residence permit is revoked after the court decision becomes enforceable.
Consequences of divorce
According to the Civil Code, the head of the family law of the Republic of Turkey does not have the right to remarry within 300 days of the official decision to dissolve the marriage; if the divorced woman provides a medical certificate of absence of pregnancy, the court may decide that there is no waiting period.
According to the Civil Code, a woman may not bear her husband ' s name after divorce, but as I have already said, if the husband permits and has nothing to do with the former spouse ' s use of his family name, this paragraph will be prescribed in the court ' s decision and the husband ' s family name may be used on the basis of this decision.
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