Ankara Divorce Lawyer: Custody and Maintenance

What is family law?

Family law, within the Turkish Civil Code, governs relationships such as marriage, divorce, parentage, custody and maintenance. The family courts hear most of the cases in this field.

A divorce judgment does not by itself finish the file. In most disputes, custody, child maintenance, spousal maintenance, liquidation of the matrimonial property regime, or a claim for wedding jewellery is read together with the divorce, or straight after it.

Which disputes are heard in the family court?

• Uncontested divorce and contested divorce
• Custody, and the arrangements for contact
• Spousal maintenance, child maintenance and interim maintenance
• Liquidation of the matrimonial property regime, and claims to wedding jewellery
• Pecuniary and non-pecuniary damages on divorce
• An annotation of the family home, and disputes over a contribution
• Breaking off an engagement, and disputes before marriage
• Protection measures under Law No. 6284

Who is this page for?

• Spouses who want to start a divorce, or to answer one
• Parents who cannot agree on custody and on the arrangements for seeing the child
• People seeking an increase, a reduction, or the ending of maintenance
• People in dispute over the division of property or wedding jewellery
• People seeking a protection measure because of violence in the family

The first decision: the uncontested route, or the contested route?

A divorce file in Ankara usually starts with this distinction. A case can be filed even if the spouse does not sign. The uncontested route arises where the divorce and its consequences can be written down together, and where the statutory conditions are met. There is no promise that it will end in a single hearing.

At a first look, the marriage booklet, the children’s details, and any statement of income or land-registry extract are enough. If there is a risk of violence, a protection measure is an urgent route, separate from the divorce petition. The outline, with the documents, is through contact.

How is a divorce case filed?

A divorce case is filed by petition in the competent family court. The jurisdiction rule looks to the court of the place where one spouse resides, or of the place where they lived together for the last six months before the case. The steps for opening a case are in how to file for divorce; this page gives the general frame.

Before filing, the marriage booklet, identity details, documents about the children, and any records of assets should be gathered. In an uncontested divorce the preparation of the protocol matters. In a contested divorce, the legal basis of the grounds for divorce matters.

1. 1.Deciding whether the divorce is uncontested or contested
2. 2.Identifying the competent court
3. 3.Preparing the petition and its annexes
4. 4.Paying the court fee and the advance on costs
5. 5.Following service and the course of the hearings

What are the conditions for an uncontested divorce?

An uncontested divorce requires that the marriage has lasted at least one year, and that the spouses have reached a complete agreement, before the court, on the divorce and on its consequences. The detail of the list is in the requirements for an uncontested divorce.

If the protocol is incomplete, what looks uncontested can fall apart. The heads of claim are in the uncontested-divorce protocol. If the agreement breaks down, the change of route is set out in a turn to a contested divorce.

• A mutual and clear intention to divorce
• Custody and the arrangements for contact settled
• Maintenance, and damages if any, made clear
• Financial matters such as the division of property and wedding jewellery tied into the protocol
• The parties stating at the hearing that they accept the protocol

Which route does a contested divorce follow?

A case can be filed even if the other spouse does not sign. On the contested route, the ground for divorce, the allegation of fault, the evidence, and the ancillary claims (custody, maintenance, damages and property) are planned separately. The stages are in the course of a contested divorce.

If the spouse will not sign, the contested route can be opened. The comparison of the two doors is in the difference between uncontested and contested divorce. If there is no willingness, the first step is in my spouse does not want a divorce. A claim that the marriage has broken down irretrievably needs facts and evidence.

Why is the duration not written from memory?

The question of how long it takes has no single number. Service, witnesses, a social inquiry, an expert, the court’s calendar and an appeal can lengthen the file or shorten it. On the uncontested route, if the protocol is complete and is accepted at the hearing, shorter periods than in a contested case can be seen. That is not a promise.

The variables are in how long a divorce case takes. Interim decisions, such as interim maintenance or temporary custody, can also be made before the final judgment. A standard calendar does not stand in for the actual papers.

How is custody decided?

The basic measure in a custody decision is the child’s best interests. The court considers the child’s age, the living arrangements the child is used to, schooling, the parents’ ability to provide care, and the quality of the relationship. The criteria are in how custody is decided.

Arrangements for contact are planned together with custody. If circumstances change, a change of custody can arise. Practical obstruction of contact is in a separate article.

• The child’s physical and emotional safety
• Continuity of school and of the social circle
• The parents’ actual capacity to provide care
• Whether there is violence, neglect, or an element of risk

How is maintenance decided?

The criteria differ by the type of maintenance. Interim maintenance arises for the duration of the case. Spousal maintenance arises for the spouse who would fall into poverty after the divorce. Child maintenance arises for the child’s care and education. The types are in types of maintenance.

Unpaid maintenance is often taken into enforcement. If the conditions change, an increase is a separate case. If the types are mixed up, enforcement can be mixed up as well. The first step is in maintenance is not being paid.

Division of property and wedding jewellery

The statutory matrimonial property regime during marriage is, as a rule, participation in acquired property. Liquidation on divorce is carried through the date of acquisition, the distinction between personal property and acquired property, and the calculation of a contribution. The frame is in division of property. On the uncontested route, the property head of claim is left to property in the protocol.

Claims to wedding jewellery are often argued as a separate debt. The burden of proof, the customs around gifts given at the wedding, and the way the courts treat them matter in the particular file. If they are not returned, the article on wedding jewellery explains the urgent step.

What do pecuniary and non-pecuniary damages on divorce depend on?

Pecuniary damages are discussed by looking at the loss which the events leading to the divorce caused to assets. Non-pecuniary damages are discussed by looking at whether there has been a serious infringement of rights of personality. The allegation of fault, the evidence and the share are assessed by the court.

Damages do not take the place of maintenance or of the liquidation of property. If the protocol contains a waiver, its scope should be written clearly. A figure from memory, or a statement that an award will certainly be made, is not written.

Why is an annotation of the family home separate from the spouse’s consent?

The family home is the home where the spouses live together. An annotation on the register makes that fact visible on the title. The spouse’s consent is what limits dispositions such as a sale, a lease or a mortgage. How the annotation is entered is in an annotation of the family home.

Consent to a sale or a mortgage is in the article on the spouse’s consent. Remaining in the shared home after divorce is in a separate article. Cancellation of the annotation, and interim measures, are not resolved automatically by the divorce petition.

Does a removal order take the place of a divorce petition?

No. Protection measures under Law No. 6284, such as an order to stay away, not to approach, and not to return to the home, are for immediate safety. A divorce case is a separate route. The legal frame of the measure is in a protection order.

Urgent steps with the police and for shelter are in violence by a spouse. If there is a criminal dimension, see the criminal law page. Folding the two routes into one sentence sends the person to the wrong door.

How is evidence gathered in a divorce case?

In a contested file the claim proceeds with witnesses, documents, an expert, and a social inquiry where one is needed. A witness list, income and outgoings, the land registry, bank statements, and school or health records about the child are often requested. Notice of evidence is tied to a time limit. A head of claim that arrives late can fall away.

Facts such as a spouse leaving the home also need proof. The article on leaving the home separates the first step. A claim for or against custody is tied to the child’s best interests. Gossip is not evidence by itself.

Why are WhatsApp and a digital record not enough on their own?

A message, an email, a social-media post and a sound recording can be argued in the file. The court reads how they were obtained, whether they are complete, who the other party was, and the context. A screenshot can be weak as a single frame. A date, a number and the chain of the conversation are needed.

A recording taken in secret can give rise to an argument that the evidence was obtained unlawfully. Digital material does not take the place of a witness or of an official document. What will be submitted in a particular file is not recited from a general list.

Which documents should be ready before the petition?

• The marriage booklet and identity details
• The children’s civil-registration, school and health records, if any
• Proof of income, a payslip, and a Bağ-Kur or SGK statement
• Land-registry, vehicle and bank records, and a draft protocol if there is one
• Where there is a risk of violence, a summary of the events and the evidence for an application under Law No. 6284

On the uncontested route, the further list is in documents for an uncontested divorce. A missing annex can postpone service and the hearing.

In what order does the inquiry proceed in a family case?

The family court goes through the petitions, the reply, notice of evidence, the hearing of witnesses and, where needed, a social-inquiry report. An uncontested divorce is simpler. A contested file can have more than one hearing.

An appeal to the regional court of appeal lies against the decision. Where a decision has a continuing effect, such as maintenance or custody, a case to increase, reduce or end it can also be filed if the conditions change.

Does a protocol take the place of mediation?

In family law, mediation is not mandatory for some disputes. The parties can still prepare a protocol by agreement. Agreement, especially on maintenance, contact and the division of property, can reduce the burden of the trial.

When an agreement is reached, the child’s interests, and enforcement risks that may arise later, should be kept in view. In the related steps, an enforcement dimension can also appear.

Jurisdiction of the family court does not arise from the office address

The Konar Hukuk office is in Çankaya. Jurisdiction of the family court is decided by looking at the rule on residence or the last shared home. The name of a neighbourhood does not by itself confer jurisdiction.

At a first look, the marriage booklet, the children’s details, proof of income, and any land-registry or bank statement are enough. If there is a risk of violence, a protection measure is an urgent route, separate from the divorce petition.

What work does the office take on in a family file?

The work is to plan the order of the petition, the follow-up of service, the hearing, and the ancillary claims (custody, maintenance, property, wedding jewellery and damages). The retainer and the scope of the power of attorney are written for the particular matter. A promise of the best outcome, or of a percentage, is contrary to the professional rules. A measured frame does not hide the uncertainty.

Every arrangement about a child is tied to the best-interests test. Even if the parents agree, the court can review the protocol. Liquidation of property can proceed separately from the divorce judgment. For that reason, stacking every head of claim into a single petition is not right in every file.

Does a divorce judgment finish everything?

A divorce judgment does not always close the file. Custody, maintenance and the liquidation of property can remain as separate matters. The competent court is identified by looking at residence. There is no claim of superiority and no promise of winning.

A definite result, or a guarantee of duration, cannot be given. The course takes shape according to the facts, the evidence and the current practice of the courts.