Family courts should encourage the parties to decide on the subject matter of the dispute without involving the court. If this is not possible, the court shall determine the subject matter. If one of the parties calls for a private hearing on the matter, the court will have discretion to accept or reject the case - Article 184 Paragraph (6) of the Civil Code

 

  الطلاق:

Under the Civil Procedure Code, the jurisdiction of the court in which the defendant's domicile is located. If the plaintiff has independent residential real estate and the plaintiff has lived with his wife for at least six months before filing for divorce, the suit can be taken to the court where the husband or wife resides or where they reside together - Article 168, Civil Code

 

 الممتلكات:

Property disputes arising from issues relating to marriage may be brought before the courts in the place of residence of one of the parties. If the two parties have different residences and both of them have filed lawsuits related to the marriage, then the court in which the lawsuit was first filed will have jurisdiction and any appeal shall be submitted to this court - Article 207 of the Civil Code

 

Under Turkish law, if the dispute does not involve a foreign element, the place of residence is considered important for the determination of the competent court.

If the dispute involves a foreign element, it is the place of habitual residence that determines the applicable law. The grounds and provisions for divorce and separation are governed by the common national law of the spouses, as stated in private and procedural international law. If the spouses have different nationalities, the law of habitual residence will apply. In the absence of a habitual residence, Turkish law will apply

At the time of marriage, spouses can choose either the law of their habitual residence or the national law to govern their marital property. If the matter is not regulated, the common national law of the spouses shall apply upon marriage

 

 إجراءات الأحكام الأجنبية:

If the judgment of the foreign court can be upheld and enforced, the Turkish courts will issue an order to prejudge the case before the foreign courts.

In order to make a judgment consider the following factors:

- Whether one of the parties is Turkish.

- If the legal Iranian taken in a foreign country is related to the personal status of a Turkish citizen.

- Whether the legislative action of the legislative bank.

It must be a legal lawsuit and the decision of the court must be clearly contrary to live and to the partner-defendant

According to the following conditions:

** Judgment must have been given in matters within the exclusive jurisdiction of the Turkish courts.

** The right of defense of the defendant's partner shall not be seriously violated.

  اتفاقات ما قبل وبعد الزواج:

Under the Civil Code, spouses can make marriage agreements over marital property before, during, and after marriage.

The legal property system for marriage is “sharing of acquired assets” which means that the spouses benefit equally from the assets acquired during the marriage. In the event of a divorce, the court will need to determine the type of assets in dividing the marital property, whether personal or not. In this context, no personal belongings will be included

If the spouses do not want to be subject to the legal system of marital property, they can choose between the system of joint separate property or the system of joint property.