Divorce and Property Distribution Lawsuit

1.What are the General Grounds for Filing a Divorce Case According to Turkish Law?

According to Article 166 of the Turkish Civil Code No. 4721:

  • Breakdown of the marital union,
  • Mutual agreement of the spouses to divorce,
  • Physical separation.

These constitute the “General Grounds for Divorce.”

2.What are the Special Grounds for Divorce?

According to Articles 161-165 of the Turkish Civil Code No. 4721:

  • Breakdown of the marital union,
  • Adultery,
  • Severe marital discord,
  • Mental illness,
  • Desertion,
  • Attempt on life and cruel treatment.

These constitute the “Special Grounds for Divorce.”

3.Where Should a Divorce Case Be Filed?

A divorce case should be filed at the Family Court in the place where the person seeking divorce resides.

4.What are the Conditions for Filing a Mutual Divorce?

According to Article 166/3 of the Turkish Civil Code No. 4721:

  • The marriage must have lasted at least 1 year,
  • The spouses must prepare a protocol covering the children’s situation and property division,
  • The judge must, in principle, hear the parties during the hearing (in exceptional cases, a decision can be made based on witness testimonies),
  • The judge must find the protocol appropriate.

5.What is a Contested Divorce?

A contested divorce is when the parties do not agree on the divorce itself or on issues like property distribution or child custody, and the court must make a decision on these matters.

6.When Can Material and Moral Compensation Be Requested in a Divorce Case?

In contested divorce cases, material and moral compensation can be requested by the party who is not at fault or is less at fault.

If both parties are equally at fault, material compensation will not be awarded.

Moral compensation should be requested due to the harm to personal rights.

According to Article 174 of the Turkish Civil Code No. 4721, material and moral compensation arising from divorce is considered an additional claim, so it must be stated in the lawsuit petition or filed as a separate case during the divorce proceedings.

According to Article 178 of the Turkish Civil Code, this claim must be filed within 1 year after the divorce decision becomes final. The 1-year period is a time-barred deadline.

7.What Happens if One of the Spouses Refuses the Divorce in a Contested Divorce Case?

The person wishing to file for divorce can file the lawsuit on their own. Even if one of the spouses refuses the divorce, the court can still grant a divorce decision. According to Turkish Civil Code, it is sufficient to establish the existence of one of the general or special grounds for divorce.

8.What Property Regime is Applied in Property Distribution After Divorce?

According to the Turkish Civil Code, for marriages after 2002, the property regime is “Participation in Acquired Property.” For marriages before 2002, the property regime is “Property Sharing Regime.”

The “Separation of Property Regime” applies if the spouses had made an agreement on property separation before marriage. In such cases, there is no property sharing after divorce.

9.Which Assets are Included in Property Sharing?

According to Article 219 of the Turkish Civil Code, “Acquired property” is defined and listed with examples:

  • Earnings from work,
  • Payments made by social security or aid institutions or similar funds for personnel assistance,
  • Income from personal assets,
  • Assets that replace acquired properties,
  • Bank accounts (both savings and checking accounts),
  • Real estate and movable property acquired after marriage.

10.Which Assets Are Excluded from Property Sharing?

According to Article 220 of the Turkish Civil Code, “Personal property” is defined and includes:

  • Items solely for the personal use of one spouse,
  • Items owned by one spouse before marriage,
  • Property inherited by one spouse,
  • Property gained through any kind of non-compensated acquisition,
  • Moral compensation claims,
  • Items replacing personal values.

These are excluded from property sharing.

11.Where Should a Property Distribution Case Be Filed? What is the Filing Deadline?

In a property distribution case, the competent court is the Family Court, and the jurisdiction is determined according to Article 214 of the Turkish Civil Code.

The statute of limitations is 10 years, starting from the finalization of the divorce decision.

12.What are the Types of Alimony in a Divorce Case?

During divorce, alimony is typically paid to the spouse who is financially weaker. Alimony can be determined in three ways:

  • Precautionary alimony: This is a temporary alimony requested by one spouse after the divorce case is filed, stating that the other spouse must provide financial support.
  • Spousal support alimony: After the divorce decision, the financially weaker spouse can request this alimony, which is meant for their maintenance and can be ongoing.
  • Child support alimony: During divorce, the parent who takes care of the children may request child support from the other spouse.

The court determines the alimony amount based on the spouses’ income, living standards, child care, and other personal circumstances.

13.How is Child Custody Determined in Divorce?

In contested divorces, the court determines custody based on the child’s age, health, development, and psychological condition. Generally, custody is granted to the mother for children under 6 years old, but each case is different. The court may also consider the child’s preference starting from the age of 12.