Divorce Proceedings
Legal advice and representation in uncontested and contested divorce proceedings, covering the legal requirements for divorce and its consequences.
Family Law
Legal advice and representation in divorce, child custody, maintenance, property division and other family law matters in Türkiye.
FAMILY LAW
What Is Family Law?
Family law is a branch of civil law governing the rights and obligations arising from family relationships, including marriage, divorce, child custody, maintenance, parentage and matrimonial property regimes. In Türkiye, its principal provisions are set out in the Turkish Civil Code, Law No. 4721.
Family disputes can affect more than the legal relationship between spouses. They may also have significant implications for children’s rights, family members’ financial circumstances and their personal lives. Each matter therefore calls for an assessment of its particular circumstances, the parties’ rights and obligations, and the legal options available.
Based in Küçükçekmece, Istanbul, Şahin Law Office provides legal advice and representation through Aslı Şahin Karakaya, Attorney at Law, in divorce, child custody, maintenance, property division and other family law matters.
OUR LEGAL SERVICES
Our Family Law Practice
Family law disputes involve a range of legal processes, from ending a marriage and determining child custody to maintenance claims and the settlement of matrimonial property. Aslı Şahin Karakaya provides legal advice and representation in accordance with the applicable legislation, taking account of the particular circumstances of each case.
Child Custody
Legal proceedings to determine or vary child custody and arrange contact with a child, guided by the child's best interests.
Maintenance and Child Support
Claims for interim maintenance, child support, post-divorce spousal maintenance and family maintenance, including applications to increase, reduce or terminate payments.
Property Division
Settlement of matrimonial property, the participation in acquired property regime, and financial claims arising from property division.
Parentage and Paternity
Establishing or challenging legal parentage, paternity proceedings, and the rights and obligations arising from the parent–child relationship.
Other Family Law Matters
Advice on adoption, the family home, annulment of marriage and other legal disputes arising from family relationships.
DIVORCE LAW
Divorce Proceedings
Divorce is the dissolution of a marriage by court order. The grounds and procedures set out in the Turkish Civil Code may involve different legal processes depending on the spouses’ circumstances and claims. Divorce proceedings concern not only the end of the marriage but also child custody, maintenance, compensation for financial and non-financial harm, and other legal consequences.
In Turkish legal practice, divorce proceedings generally follow one of two routes: uncontested divorce or contested divorce, depending on whether the parties agree on the divorce and its consequences.
Uncontested Divorce
Uncontested divorce is an option where the spouses agree to end their marriage and reach an agreement on its financial consequences and arrangements for their children.
Under Article 166(3) of the Turkish Civil Code, the marriage must have lasted at least one year. The spouses must apply jointly, or one spouse must accept the divorce claim brought by the other. The judge must hear both spouses in person and approve their agreement.
The divorce settlement agreement should clearly address matters such as custody, maintenance, compensation and contact arrangements for the children.
Contested Divorce
A contested divorce arises where the spouses cannot agree on ending the marriage or on the legal consequences of divorce.
The court assesses the grounds for divorce and the parties’ claims in light of the evidence in the case file. Witness statements, documents, correspondence and other lawfully obtained evidence may be relevant.
Claims concerning custody, maintenance, compensation and contact with children may also be considered. The length and scope of the proceedings depend on the circumstances of the dispute.
LEGAL ADVICE
Legal Support During Divorce
Aslı Şahin Karakaya provides legal advice and representation in uncontested and contested divorce proceedings, helping to protect your rights and manage each stage of the legal process.
CHILD CUSTODY
Child Custody and Contact Arrangements
Child custody encompasses the rights and responsibilities relating to a child’s care, education, protection and legal representation. In divorce and separation proceedings, the guiding consideration in custody decisions is the best interests of the child.
The court considers factors including the child’s age, development and needs, the parents’ living circumstances and their ability to provide care. The child’s views may also be considered, taking their age and maturity into account.
Child Custody
Following divorce or separation, custody is determined according to the child's best interests. Where necessary, the court may draw on social assessment reports and expert opinions.
Changing Custody Arrangements
Custody decisions may be reviewed when circumstances change. Significant changes in a parent's circumstances or the child's needs may provide grounds for an application to vary custody.
Arranging Contact with a Child
Contact between a child and the parent who does not have custody is arranged with the child's best interests in mind. The frequency, duration and conditions of contact take account of the child's age, education and developmental needs.
MAINTENANCE AND CHILD SUPPORT
Maintenance and Child Support in Türkiye
Maintenance is a legal obligation to provide financial support to another person when the conditions prescribed by law are met. Under the Turkish Civil Code, maintenance plays an important role in protecting spouses and children, addressing the financial consequences of divorce and meeting the living needs of certain family members.
When maintenance claims are assessed, the parties’ financial and social circumstances, needs and ability to pay are considered alongside the legal requirements for the particular type of maintenance. The amount, duration and circumstances in which payments may be varied depend on the individual case.
Interim Maintenance
A temporary measure to provide financial support for a spouse and, where applicable, children during divorce or separation proceedings.
Child Support
Payments by the parent who does not have custody towards the child's care and education, in proportion to that parent's financial means.
Post-Divorce Spousal Maintenance
Maintenance that may be claimed by a spouse who would fall into poverty as a result of divorce and whose fault is not greater than the other spouse's, subject to the other spouse's financial means.
Maintenance for Family Members
Financial support owed by family members specified by law to relatives who would otherwise fall into poverty.
Increasing, Reducing or Terminating Maintenance
Maintenance orders may be reviewed following significant changes in the parties' income, changes in their needs or other developments affecting the obligation to pay. The requirements for increasing, reducing or terminating maintenance vary according to the type of maintenance and the circumstances of the case.
MATRIMONIAL PROPERTY AND PROPERTY DIVISION
Property Division and Matrimonial Property Regimes
The financial relationship between spouses on divorce is governed by their applicable matrimonial property regime. Under the Turkish Civil Code, spouses are subject to the participation in acquired property regime unless they choose another regime within the limits permitted by law.
In property division proceedings, relevant considerations include how real estate, vehicles, bank accounts and other assets are classified, when they were acquired and how they were funded. Each asset is not necessarily divided equally; the parties’ entitlements are calculated under the rules governing the settlement of their matrimonial property regime.
MATRIMONIAL PROPERTY
Participation in Acquired Property
This regime governs the settlement of assets acquired by the spouses for value during marriage. Earnings from work, social security payments and income from personal property may qualify as acquired property under the conditions prescribed by law.
ASSETS
Personal Property and Property Division
Items for a spouse's personal use, assets owned at the start of the property regime, and assets received by inheritance or as gifts generally constitute personal property. Contributions towards acquiring or improving these assets may be assessed separately.
FINANCIAL ENTITLEMENTS
Participation Claims and Shares in Increased Value
When the matrimonial property regime is settled, the residual value is calculated by taking acquired property, debts and adjustments between property groups into account. As a general rule, each spouse is entitled to a participation claim for half of the other spouse's residual value. A claim to a share in an asset's increased value may also arise in certain circumstances.
THE LEGAL PROCESS
Matrimonial Property Settlement Proceedings
These proceedings aim to determine the spouses' financial entitlements under the rules governing their property regime. Land registry records, bank transactions, vehicle records and, where necessary, expert reports may be important in this process.
OTHER FAMILY LAW MATTERS
Other Areas of Family Law
Family law extends beyond divorce and its consequences. It also covers establishing parentage, paternity proceedings, adoption, protection of the family home and legal measures against domestic violence.
The available legal options vary according to the parties’ family relationships, children’s rights and the circumstances of the case.
Parentage Proceedings
Disputes concerning the establishment, determination or, where legally permitted, challenge of the legal relationship between a child and their mother or father. Statutory time limits and evidential requirements are important in parentage proceedings.
Paternity Proceedings
Proceedings to establish legal parentage between a child and their father by court order. The Turkish Civil Code contains specific provisions on who may bring a claim, time limits and evidence.
Adoption
Adoption establishes a legal family relationship between the adopter and the adopted person by court order, provided the statutory conditions are met. The child's best interests are central to the process.
Protection of the Family Home
Article 194 of the Turkish Civil Code specifically regulates certain legal transactions concerning the home in which the spouses live together. Relevant issues include registration of a family home annotation and the other spouse's consent.
Protection Against Domestic Violence
Law No. 6284 provides for measures to protect people who have experienced violence or are at risk of violence. Protective and preventive orders may be issued according to the circumstances.
Annulment of Marriage
Proceedings for a court declaration that a marriage is invalid on statutory grounds of absolute or relative nullity. The legal requirements differ from those for divorce.
THE LEGAL PROCESS
How Does a Family Law Case Progress?
The appropriate legal route in a family dispute depends on the nature of the claim and the circumstances of the case. In matters such as divorce, custody, maintenance and property division, an assessment before proceedings, preparation of evidence and attention to statutory time limits are important.
As part of her legal advice and representation services, Aslı Şahin Karakaya assesses the circumstances of the dispute and identifies the legal options available.
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FIRST STAGE
Assessing Your Legal Position
The dispute, the parties' claims and the available documents are reviewed. Legal rights, obligations and the options available are assessed.
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Preparing Documents and Evidence
Depending on the case, civil registry records, financial documents, correspondence and other lawfully obtained evidence are reviewed. The legal basis for the claims is identified.
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Applications and Commencement of Proceedings
The necessary applications are made or proceedings are commenced. The filing of pleadings, the parties' submissions and the court's procedural steps are followed throughout the case.
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Court Proceedings and Judgment
The court assesses the parties' claims and defences, the evidence presented and the applicable law. Hearings and any necessary investigations are conducted.
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Steps After Judgment
Following judgment, appeals and steps to enforce the decision may be available where the relevant conditions are met. Applicable time limits and the next steps are identified.
FAMILY COURTS AND JURISDICTION
Which Court Hears Family Law Cases?
Divorce, child custody, maintenance, property division and many other family disputes fall within the jurisdiction of the family courts. Where there is no dedicated family court, these cases are heard by the civil court of first instance acting as a family court.
The appropriate venue depends on the type of dispute. For example, a divorce claim may be brought before the court at either spouse’s place of residence or the place where the spouses last lived together for at least six months before the claim. Different venue rules may apply to other family law matters.
Jurisdiction of the Family Courts
Family courts hear divorce, custody, maintenance, matrimonial property and other family law cases. Where there is no family court, the civil court of first instance hears these cases acting as a family court.
Where Should a Claim Be Filed?
The appropriate venue depends on the type of dispute. In divorce proceedings, the court at either spouse's place of residence or the place where the spouses last lived together for at least six months before the claim has jurisdiction.
Family Law Cases in Küçükçekmece
Within the judicial district covering Küçükçekmece, Avcılar and Başakşehir in Istanbul, family law cases are heard by the family courts at Küçükçekmece Courthouse where the requirements for jurisdiction and venue are met.
KÜÇÜKÇEKMECE / ISTANBUL
Küçükçekmece Courthouse
Küçükçekmece Courthouse serves the judicial district covering Istanbul’s Küçükçekmece, Avcılar and Başakşehir districts. It houses family courts that hear family law disputes.
Number of Family Courts
11 Family Courts
Address
Kartaltepe Mahallesi,
Malazgirt Caddesi No: 2-4
34295 Küçükçekmece / Istanbul
Telephone
Public Transport
Take the Metrobus to Sefaköy or a bus to the Küçükçekmece Adalet Sarayı (Courthouse) stop.
FREQUENTLY ASKED QUESTIONS
Family Law: Frequently Asked Questions
Find answers to common questions about divorce, child custody, maintenance and property division, together with general explanations of the legal process.
The length of divorce proceedings depends on whether the case is uncontested or contested, the court’s workload, the collection of evidence and the course of the proceedings. Uncontested cases are often concluded in a single hearing, while contested cases may take considerably longer.
Under Article 166(3) of the Turkish Civil Code, the marriage must have lasted at least one year. The spouses must apply jointly, or one spouse must accept the claim brought by the other. The judge must hear the spouses in person and approve their agreement on the financial consequences of divorce and arrangements for the children.
Custody is determined according to the child’s best interests. The court considers the child’s age, development and needs, the parents’ living circumstances and their ability to provide care. The child’s views may also be considered according to their age and maturity.
Maintenance is assessed under the legal requirements applicable to the type of support claimed. Relevant factors may include the parties’ financial and social circumstances, their needs and ability to pay, and, for child support, the child’s expenses.
Property division is governed by the matrimonial property regime applicable to the spouses. Under the statutory participation in acquired property regime, acquired property and personal property are distinguished and the calculations prescribed by law are made. Each asset is not automatically split equally.
Yes. A change of custody may be requested where circumstances have changed and the child’s best interests require it. The court considers the changed circumstances and the child’s needs before reaching a decision.
In Türkiye, it is generally not compulsory to instruct a lawyer to file for divorce. However, legal support can help with preparing pleadings, presenting evidence, meeting deadlines and assessing the risk of losing legal rights.
LEGAL INFORMATION
More About Family Law
Informative articles on family law and related developments.
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MEET YOUR LAWYER
Aslı Şahin Karakaya, Attorney at Law
Over 20 Years of Professional Experience
Aslı Şahin Karakaya graduated from Marmara University Faculty of Law in 2002. After completing her legal traineeship, she established her independent legal practice in Küçükçekmece, Istanbul.
She provides advice and representation across a range of legal disputes, with a particular focus on family law, divorce, child custody, maintenance and property division.
Having qualified in mediation in 2014, Aslı Şahin Karakaya approaches her work through careful legal assessment, clear communication and attention to the circumstances of each individual case.
LEGAL ADVICE
Contact Us About Your Family Law Matter
Contact us for information and legal advice on divorce, child custody, maintenance and property division.
Küçükçekmece / Istanbul
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- +90 533 164 87 15
- iletisim@aslisahinkarakaya.av.tr
- Tevfikbey Mah. Merkez Cad. Karadeniz İş Merkezi. No: 27 K:1 D:6 Sefaköy, Küçükçekmece / İSTANBUL