Engagement In Turkish Family Law

Family law provisions set out in Turkish Civil Code (T.C.C.) starts with Engagement in article 118. By legal definition “promising to marry” is enough to complete the engagement. Once a woman and a man promise each other to marry they are both considered engaged and legal provisions can be applied for upcoming possibilities. Even though the text of the definition does not mention in verbally of two persons in different sexualities, as of being a preliminary step ahead of marriage, those are minimum requirements to complete the engagement act.

In Turkey, beyond legal definition, engagement means more than a promise. Most of the marriages starts with an engagement ceremony in witness of all family elders from both sides. Following engagement parties start to prepare for wedding ceremony.

There is also another traditional ceremony which is ignored by the civil law and sometimes being replaced with engagement called “promising”. Future husband and his family visit the home of woman and ask for permission from her father. In some cases, parties may decide to skip the engagement ceremony and start to get prepaid for wedding.

Breaking the engagement act and deciding not to marry is possible without any sanction against it. One cannot be forced to marry because of engagement. Any penalty clause or forfeit money cannot be claimed because of disengagement and any payment can not be asked back if it’s made already.

Pecuniary and non-pecuniary damages can be asked from the faulty part whose actions caused the disengament. Unusual gifts and presents (with significant value) should be returned and can be demanded as a compensation if its not possible to return them in kind. Finally, any right to claim arouse from engagement becomes statute barred following a year after disingagement.

Devrim Bozkurt, Attorney At Law