Question 1

What factors are effective in establishing custody?

Accepted Answer

The court bases the determination of custody on the best interests of the child. The main factors evaluated are: the child's age and gender, health status, emotional bond with each parent, the economic and social status of the parents, housing and care conditions, continuity of education, and the child's own statement after a certain age. The fault status of the parents is not a sole determining factor.

Question 2

At what age is the child's statement heard?

Accepted Answer

In Turkish judicial practice, the opinions of children aged 8 and over, who are deemed to have the power of discernment, are taken through the judge or an expert/pedagogue; this opinion is not binding but is an important evaluation element.

Question 3

Until what date are assets acquired included in the property division?

Accepted Answer

In the regime of participation in acquired property, the property regime ends as of the date the divorce case is filed. Assets acquired from the establishment of the marriage union until the date of the lawsuit are included in the liquidation; those acquired after the lawsuit is filed are not taken into account. Personal property (inheritance, donations, assets owned before marriage) is excluded from this calculation.

Question 4

On which issues must consensus be reached in an uncontested divorce?

Accepted Answer

Pursuant to Article 166/3 of the Turkish Civil Code, it is mandatory that the marriage has lasted at least 1 year and the judge hears the parties in person. The parties must submit an agreed protocol regarding the financial consequences of the divorce, property division, custody of children (if any), child support, and personal relationship arrangements, and the judge must find this protocol appropriate.

Question 5

How is the amount of alimony determined?

Accepted Answer

Alimony is calculated according to the income status, needs, and fault rates of the parties. The court conducts an income-expenditure investigation through the Social Security Institution (SGK), tax offices, employers, and banks. Poverty alimony and child support (participation alimony) are subject to different criteria. The Constitutional Court canceled the provision regarding the indefinite nature of poverty alimony on June 4, 2026, and postponed the effect of the decision for 9 months; child support is not expected to be affected by this change and may continue as maintenance alimony (Article 364 of the Turkish Civil Code) upon a separate request for a child whose education continues (e.g., until university education is completed).

Question 6

How are pecuniary and non-pecuniary damages requested in divorce?

Accepted Answer

Pursuant to Article 174 of the Turkish Civil Code, the party whose personal rights have been violated may request non-pecuniary damages from the other party at fault, and the faultless or less faulty party whose current or expected interests are damaged may request pecuniary damages. These requests can be put forward together with the divorce case or by a separate lawsuit within 1 year from the finalization of the decision.

Question 7

In which cases does guardianship come into question?

Accepted Answer

A person can be restricted and placed under guardianship in cases of mental illness or mental weakness, extravagance (e.g., gambling addiction), alcohol or drug addiction, bad lifestyle, mismanagement, or a sentence of imprisonment for more than one year; guardianship can also be established upon the request of the person in case of old age, disability, inexperience, or severe illness.

Question 8

How is the guardianship process initiated?

Accepted Answer

A guardianship decision is made by the civil court of peace (sulh hukuk mahkemesi) upon the application of relatives responsible for the care of the person concerned or official authorities.

Av. Arb. Zelal Şengüler – Family Lawyer in Antalya

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Liquidation of Property Regime

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Litigation/Mediation Process

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