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Category: Family Law

Marriage In Turkish Family Law

7 Mart 2021
| Yorum yapılmamış
| Eng, Family Law, Turkish Law

In General Marriage, in legal terms, is a form of contract in which two perons of different sex have agreed to settee a permenant family union before an authorised officer. Following marriage, parties are called husband and wife. Conditions required for a valid contract such as mutual the agreement of the parties are applied for a valid marriage. Yet, as result of being considered as the smallest cell of society by constitution, the marriage and its conditions are specifically regulated in the Turkish Civil Code (hereafter T.Civ.C.). Conditions for a Valid Marriage Legal Barriers To Marry are as followed:   Capacity to marry: A person must have completed the minimum age of 17 in order to be to be reached...

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Engagement In Turkish Family Law

7 Mart 2021
| Yorum yapılmamış
| Eng, Family Law, Turkish 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...

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Turkish Family Law – In General

7 Mart 2021
| Yorum yapılmamış
| Eng, Family Law, Turkish Law

In General The second book of Turkish Civil Code with the title “Family Law” defines and regulates family relations. Family is a union of spouses and their prospective children. The rights and obligations under family law provisions start with engagement and followed by marriage, divorce, kinship (filiation), custody and guardianship. Following the latest amendments and jurisprudence Turkish Family Law is based on equity of spouses and no longer accepts husband as “the authority (the chief) of the family”. For example wives are able to choose their own surname instead of their husbands according to the rules of High Court Judgement. The Turkish Family Law aims to protect members of the family against possible harmful acts of other members. Especially  the...

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Legal Grounds For A Divorce In Turkey

21 Eylül 2020
| Yorum yapılmamış
| Eng, Family Law, Medeni Hukuk, Turkish Law

Legal Reasons For Divorce In Turkey Article 161 and following (161-166) sets provisions  of The Turkish Civil Code (No.4721) which define and explain the legal merits of a divorce case in Turkey. Those are; Adultery Attempted murder, ill-treatment or degrading behaviour Conviction of a crime and/or dishonourable way of life Abandonment Mental disorder Deteriaration of conjugal community I. Adultery The act of adultery of any one of the spouses is a cause for a divorce case. The classical definition of adultery in Turkish Law requires the fact of living together with someone else other than his or her spouse. A one time sexual intercourse with another third person is not deemed sufficient for a divorce case based on Adultery provisions...

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Divorce Lawyer In Turkey

21 Eylül 2020
| Yorum yapılmamış
| Eng, Family Law, Turkish Law

DIVORCE LAWYER? A divorce lawyer is mostly in charge of divorce cases and thus experienced through his legal practise over years. An experienced divorce lawyer can give a rest and comfort to his clients during that challenging and painful period of their lifetime. Professional legal assistance is essential even for the cases between the civilized spouses who have mutual agreement on basic terms. Taking legal advice before marriage and conclude a written pre-marriage agreement solves the future problems in most cases. Likewise a little professional help even in the uncontested divorce cases may eliminate any possible future disputes between the divorced wives and husbands. A divorce lawyer should listen to the party who consults him and understand the merits of...

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