Family & Personal Law
Sensitive, confidential and result-oriented legal consultancy for all family law matters.
Family and personal law covers the most sensitive areas of life, including marriage, divorce, custody, maintenance, inheritance and personal rights. The rights and obligations arising from the Civil Code directly affect the interests of individuals and, in particular, children. At Efeo�lu Law and Consultancy, we stand by our clients with the care and empathy that family law requires.
Divorce Proceedings
The Turkish Civil Code provides for two main routes to divorce: uncontested and contested. In an uncontested divorce, the spouses must prepare a protocol on property division, maintenance and custody; in a contested divorce, the court rules on these matters.
- Drafting an uncontested divorce protocol
- Filing proceedings based on specific grounds for divorce such as adultery, desertion, domestic violence or an attempt on life
- Representation in cases of irretrievable breakdown of the marriage
- Recognition and enforcement of foreign court divorce orders
Custody and Contact
Custody disputes are among the most emotionally and technically complex areas of family law. Protecting the best interests of the child is the central principle of every case.
- Proceedings to determine, modify and revoke custody
- Challenges to contact (visitation) arrangements
- Urgent measures such as a travel ban and in abduction cases
- Development of legal arguments against social investigation reports
Maintenance Claims
Interim, poverty and child maintenance claims directly affect the course of divorce proceedings. In determining the level of maintenance, the economic circumstances of the parties, the needs of the child and the standard of living are taken into account.
- Urgent resolution of interim maintenance applications
- Determination of and challenges to poverty maintenance
- Applications to increase or reduce maintenance
- Enforcement of maintenance arrears
Enforcement proceedings for the collection of maintenance arrears warrant special attention. Please see our work in Enforcement and Bankruptcy Law for more information.
Matrimonial Property and Division of Assets
The Turkish Civil Code adopts the regime of participation in acquired property as the statutory matrimonial property regime. How property acquired during the marriage is to be divided following divorce directly affects the rights of the parties.
- Determination of the distinction between acquired and personal property
- Calculations of the participation share in the increase in value
- Conducting proceedings for the liquidation of the matrimonial property regime
- Advisory on prenuptial agreements and choice of matrimonial property regime
For the proper structuring of matrimonial property agreements and prenuptial arrangements, please see our work in Contract Law.
Inheritance Law
Legal support is provided in matters falling within the scope of inheritance law, including obtaining certificates of inheritance, renouncing an inheritance, reduction (tenkis) actions and inheritance agreements.
- Obtaining a certificate of inheritance
- Renouncing an inheritance and partition of estate proceedings
- Reduction (tenkis) actions for breach of reserved shares
- Drafting wills and contesting their validity
Protection of Personal Rights
Legal protection is provided against attacks on fundamental personal values such as honour, dignity, private life and personal data.
- Interim injunction applications against unlawful publications and social media posts
- Compensation claims for infringement of personal rights
- Name change, gender rectification and civil registration correction proceedings
Frequently Asked Questions
How long does a divorce case take?
Uncontested divorce cases are generally concluded within 1�3 months. Contested divorce cases may take 1�3 years depending on factors such as the parties' inability to reach agreement, property division and custody disputes. Family mediation may expedite proceedings in some situations.
How is child custody determined in a divorce?
Custody is determined by the court having regard to the principle of the best interests of the child. The child's age, health, educational environment, relationship with each parent and economic conditions are the main factors in the assessment. An expert opinion (from a pedagogue or psychologist) is often incorporated into the process.
When can maintenance be increased?
An application to increase maintenance may be made when there is a significant change in the economic circumstances of the parties or the needs of the child following the determination of maintenance. Inflation, rent increases or a rise in the child's educational expenses are examples of such changes.
What rights exist over the family home?
During the marriage, the family home cannot be transferred by unilateral act of one spouse � this requires the express consent of the other spouse. In divorce proceedings, the spouse who is living with the children in particular may apply for a priority right of use over the family home.
Contact Us for Family Law Advisory
We provide confidential, careful and result-oriented support on all family law matters.
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