Marriage and divorce laws in Turkey

Marriage and divorce laws in Turkey

The laws of marriage and divorce in Turkey can differ or agree with the laws of marriage in Arab countries, but they are considered binding laws and the Turkish civil law has determined according to strict regulations of the Turkish Republic from a constitutional point of view, and marriage in Turkey is an internationally recognized marriage all over the world Marriage laws in Turkey differ in relation to marriage between Turkish citizens, from marriage between a foreigner and a Turkish person, or marriage between foreigners in Turkey, but all marriage laws are similar for all marriages in Turkey in many matters, the most important of which are the documents and papers required for marriage in Turkey, which are They are similar in all cases, and we will explain in detail in this article the laws of marriage and divorce in Turkey and all the details related to this matter, continue with us

Marriage laws in Turkey

First, under the heading of marriage and divorce laws in Turkey, Turkey differs greatly in marriage and divorce laws from Arab countries, for example. The Arab countries note that the scene of the completion of marriage by the legal official is the main thing because it is a religious freedom to complete the marriage contract, but in Turkey it is completely different because it is not considered Religious marriage, although it does not mean it, but the main thing in Turkey is the civil marriage that takes place through the embassy or consulate that belongs to the country of foreigners or in the Turkish municipality in the event that the spouses are from Turkey. Marriage and divorce laws in Turkey include the following:

1. Turkish law does not recognize religious marriages that are contracted under the supervision of a religious institution, but only civil marriages.

2. A divorced woman must wait 300 days (approximately ten months) from the date of dissolution of the previous marriage in order to complete the procedures for the new marriage.

3. The Turkish Civil Code of 1926 prohibits polygamy, and this applies to all cases of marriage within Turkey, whether marriage between Turks, or marriage between different nationalities, or marriage between a Turkish and a foreigner.

4. Marriage laws in Turkey require the approval of the country to which the person belongs, in the event that the marriage will take place between a Turkish person and the other party is a foreigner. This means that if the laws of a foreign country prevent marriage from Turks, it will not be possible to complete the marriage procedures in Turkey between a Turkish and a foreigner, and requires Get this papers proving this approval from the foreign country.

5. Freedom from mental illness and some other diseases such as epilepsy and hysteria; Sufficient mental capacity must be available to issue fair rulings on marriage, and mental illness is an obstacle to marriage in Turkey for all marriages.

6. The legal possibility of Muslims marrying non-Muslims.

7. It is forbidden to marry relatives, and this is a special condition for marriage between Turks and Turks, and foreigners of the same nationality.

8. Reaching the legal age for marriage in Turkey, which is 18 years as a minimum, which is a condition for all marriages in Turkey, whether between Turks and Turks, or between Turks and foreigners, or between a foreign spouse; However, the marriage laws in Turkey have enabled persons aged between 16-18 to marry after presenting a document of consent from the guardian or guardian or in the presence of one of the parents.

9. A person who has previously been married, whether a man or a woman, must provide evidence of divorce or annulment of the previous marriage so that he may contract the second marriage; Because, as we mentioned, Turkish laws prohibit polygamy for all marriages in Turkey.

10. Foreign nationals, if they are outside Turkey, are advised to arrive or be in Turkey several days before the scheduled date of consummation of the marriage at the Turkish embassy, ​​consulate or municipality; So that they can fill out the application form to seek marriage, which is a necessary condition, regardless of the nationality of the spouses.

11. A sworn translator must be present if the foreign spouses do not speak Turkish.

Documents required for marriage in Turkey

• Civil registration or proof of marital status

• birth certificate

• A medical document approved by one of the Turkish governmental medical institutions that proves that the individual is free from physical and mental illnesses

A letter stating the approval of the legal guardian (guardian) for the marriage is required if one of the parties to the marriage is less than 18 years old,

• A document proving the residence in Turkey.

Divorce laws in Turkey
Under the heading of marriage and divorce laws in Turkey, the law for divorce has been divided into two types:

First: Undisputed divorce: This type of divorce takes place by a complete and mutual agreement between the two parties, in which they specify the divorce proceedings and fill out the document for the divorce application, and because it is agreed quietly between the two parties, then it can be obtained quickly, but provided that more than a year has passed since their marriage According to Article 3/166 of the Turkish Civil Code, it is conducted after the judge personally confirms the mutual desire of the two parties to divorce and their fair agreement regarding child custody and the division of property. The judge can amend some procedures as he sees fit in order to improve the conditions of the children

The second: the disputed divorce: the divorce is initiated by one party without the other, i.e. without the consent of the other, and it is often the most harmful to the marital relationship and for those who wish to dissolve the marriage bond for possible reasons, including:

1. The commission of adultery by one of the parties, which entitles the other party to file for divorce, provided that the other party has committed adultery within 6 months of knowing it in accordance with Article 161 of the Turkish Civil Code.

2. An attempt by one of the parties to kill the other party, harm him, disrespect him, or subject him to psychological pressure or physical violence, then the victim has the right to initiate divorce proceedings.

3. Or if one of them is active on social networks and fails to take care of his family because of correspondence on the Internet, then the other has the right to initiate divorce proceedings according to the decision of the Supreme Court issued in 2015 in this regard.

4. If the claimant party is able to prove any of the foregoing reasons, then: