Family law is an area of law that deals with family matters and is within the scope of civil law. The main subjects of family law are engagement, the conditions and provisions of marriage, the conditions and consequences of divorce, property regimes, family residence, paternity, adoption, custody, child support right, guardianship, trusteeship, legal counseling, alimony. Although women’s rights and children’s rights constitute a separate field of study, they are also within the scope of family law.
Divorce is the legal termination of the marital relationship. The divorce process covers a range of issues from property division to child custody. Legal regulations related to divorce law are included in the Turkish Civil Code and cases such as divorce cases, separation cases and property division cases are heard in family courts within the framework of laws.
Contested divorce case takes place in marriages that last at least 1 year, if the spouses apply together or if one spouse accepts the lawsuit filed by the other. The law is deemed to be meaningless in such cases that the foundation of the marriage union is shaken and if the parties have agreed to divorce, the continuation of the marriage is pointless. In this case, in order for a divorce decision to be made, the judge must listen to the parties himself and be convinced that their will is freely expressed and approve the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the situation of the children. The judge may make any changes he deems necessary in this agreement, taking into account the interests of the parties and the children. In this case the parties shall be subject to the adoption of amendments to divorce.
A contested divorce case is a type of divorce that arises when the spouses cannot come to an agreement on the legal consequences of the divorce. Namely, the spouses, resulting from the divorce case; they cannot reach an agreement on issues such as alimony, compensation, and custody. The legal basis of the contested divorce case is the family law section of the Civil Code. In the provision of the relevant article, the number of reasons is specified for filing a divorce case.
Matters specified in the Civil Code and counted as grounds for divorce; Adultery, dishonorable act, abuse, leading a dishonorable life, mental illness, abandonment, disintegration of a marital union, intent on life. The presence of these reasons in marriage causes divorce.
OKKE&Partners provides solutions in front of the courts of disputes arising from family law in matters such as marriage, engagement, divorce, alimony obligations, custody, property regimes between spouses, kinship, adoption, child property, family property and guardianship between both Turkish citizens and foreigners. It serves its clients with great care and attention to the privacy of private life within the framework of the Civil Code, the Code of Civil Procedure and the provisions in the relevant international agreements and laws.