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Family Law
Engagement: It happens when a promise of marriage is made but does not give the right to sue in order to force a person to marry. When one of the engaged decides to cancel the engagement without any just reason then the side which has fault must pay compensation. The side in which has had their individual right attacked because of the cancelation of the engagement may claim for a suitable payment to paid as compensation for spiritual damages. The period for the right to sue for compensation which is born because of the cancelation of the engagement ends after one year from the time of cancelation.
Age to get married: As long as a boy or girl has not become 17 years old (filled 17 years) then they may not get married. However in special circumstances (case of emergency) the judge may allow persons who are 16 years old (filled sixteen years) to get married as well.
The necessary documents needed in order to apply for marriage: The man’s and women’s identity card and their photocopies, if there was a prior marriage then a document which states that it has ended, if the person is young or have their actions restricted then a permission document from their legal representatives, a health report which states that the person does not have an illness which obstructs marriage. The persons must apply to an office of civil marriages at the place of residence of one of the persons, together with these documents.
The Wedding Ceremony: It is done at the marriage office in front of a marriage officer and two witnesses who have capacity to act.
Situations in which the marriage must defiantly be annulled: When one of the spouse is already married at the time of marriage, does not have for a continuing period the power to distinguish (right state of mind) at the time of marriage, has a mental illness which is important enough to become an obstacle for marriage or if there is kinship which is close enough to become an obstacle of marriage. An absolute nullity case can be brought by all related person and the Public Prosecutor on his own motion.
Persons who are forbidden to get married with each other: Between lineal kinship (core family, E.g. father-daughter) between brothers-sisters, uncles, aunts and their cousins. Even if the marriage which has created affinity between spouses has ended a marriage between one of the spouse and the other spouse’s lineal kinship is not possible; also marriage between the adopter and the adoptee or between one of these and the others linear kinship is also not possible.
If a marriage has ended then the woman may not remarry until 300 days has passed since the previous marriage has been ended. This time has been defined as the Waiting Period. This period ends with the birth of a child. However if it is understood that the woman did not become pregnant from the prior marriage or when the divorced couple want to get married with each other again then the court removes this period.
Adultery, intent to take the others life or bad and degrading act, participating in a felony act or living a undignified life, abandonment, mental illness, the marriage being shaken from its core are all the reasons for divorce reasons under the Turkish Civil Code.
If one of the spouse abandons the other with the intention of not fulfilling their obligations which come with marriage or if they refuse to return home without any right reason then as long as this situation has continued for 6 months and is still continuing and if the warnings giving by the judge have not been effective then the abandoned spouse may open a divorce suit.
The spouses, who cannot be expected to continue their marriage because it has been severely shaken from its core, may open a divorce suit with the reason of “the marriage being shaken from its core”. The divorce suit may be opened in the court found in the area of one of the spouse’s place of residence or the court found in the area where the spouses were resident in for 6 months before the lawsuit.
The woman’s surname: When the woman gets married she takes her husband’s surname but with an application made afterwards she may use her own surname in front of her husband’s one. As a rule with divorce the woman takes back her own surname but if the woman has a benefit from using her divorced husbands surname and it is proven that this will not harm the husband then with a request the woman may continue using her ex husband’s surname.
With the spouses wills, the residence which they have chosen to stay in continuously and the place where they exact all of their daily life activities as well as being the family’s core may be defined as the family residence. One of the spouses may not annul a rent contract concerning the family residence, may not transfer the family residence to someone else and may not limit the rights on the family residence without the open consent of the other spouse.
Affinity link: The child’s link with their mother is established with birth and the link with their father is established with marriage or acceptance or with the decision of a judge. In addition the affinity link may also be established with adoption as well.
During marriage or when a child is born in 300 days staring from the end of the marriage then the child’s father is deemed the husband or ex-husband (Fatherhood presumption). The husband may disprove this principle by opening a suit which is about refusing the affinity link. If the child is born within 300 days after the marriage has ended and the mother has remarried in this period then the second husband is accepted as the father. The mother along with a father’s suit may separately claim for these as well: Birth expenses, cost of living 6 weeks prior and after birth, the costs of pregnancy and the other costs relating to the birth of a child.
Adoption: The child must be looked after and educated by the adopter for one year in order to be adopted. Spouses may only adopt together whereas people who are not married may not adopt together. The spouses must be married for at least 5 years or they must have filled 30 years of age. In adoption the child’s mother and father’s consent must be given. The consent may only be given as soon as 6 weeks after the child has been born. For people over 18 to be adopted these conditions are searched for:
1- Because of physical or mental disability if the person is continuously in need of help and the adopter has looked after him/her for at least 5 years 2- By the adopter if the adoptee was looked after and educated for at least 5 years when he/she was little (a child) 3- If the other righteous causes are present and the adopter and adoptee have been living together as a family for at least 5 years.
A child who has not come of age (become eighteen years old) is under the guardianship of their parents (mother and father). If the mother and father are not married then the mother has the guardianship. The mother and father in the scope of their guardianship are the legal representatives of their children against third persons. The costs for the child’s education and for their protection must be met by the mother and father.
The obligation to look after the child continues until the child has come of the age (become 18) but if the child is eighteen years old and if he/she is continuing his/her education then this obligation will continue until the child has finished it. The parent which is actually looking after the child may open an alimony suit against the other. The amount of the alimony is decided by observing the child’s needs the father’s life conditions and the child’s income.
With the alimony obligation everyone who does not help their lineal kinship (mother-father, Daughter-son) and brother-sisters which will become poor and not be able to live a normal life standard if not helped become obligated to give alimony to them.
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