Overview
Divorce proceedings in Türkiye are governed by the Turkish Civil Code (Türk Medeni Kanunu — TMK). Foreign nationals married in Türkiye, married to a Turkish national, or holding property/custody interests in Türkiye may file or face proceedings before Turkish family courts. We act for international clients on all aspects of Turkish family law.
Types of Divorce in Türkiye
1. Mutual-Consent Divorce (TMK §166/3)
Available where the marriage has lasted at least one year and both spouses agree on all consequences (custody, alimony, division of property). With a properly drafted joint protocol, the divorce can usually be finalised in 1–3 months on a single hearing.
2. Contested Divorce
Filed on grounds such as adultery (§161), endangerment of life or severe abuse (§162), criminal act / dishonourable life (§163), desertion (§164), mental illness (§165) or — most commonly — fundamental breakdown of the marital union (§166/1). Contested divorces typically take 1–3 years through trial, longer including appeal.
Child Custody
Turkish courts apply the best-interests-of-the-child principle (TMK §182, §337). Courts consider:
- The child's age and emotional bonds,
- Each parent's ability to provide a stable environment,
- The opinion of children of discernment age (typically 8+),
- Social-worker reports prepared during proceedings.
Alimony (Maintenance)
Four types under Turkish law:
- Interim maintenance (§169): Granted by the court at the first hearing for the duration of the case.
- Indigence alimony (§175): Payable after divorce to the spouse who would fall into poverty, provided the recipient's fault is not greater than the payer's.
- Child maintenance / participation alimony (§182): Paid by the non-custodial parent until the child reaches majority (or longer if the child is still in education).
- Support alimony (§364): Owed between close relatives in need.
Property Division
Couples married after 1 January 2002 are subject to the default regime of participation in acquired property (TMK §202) unless a different regime was chosen by notarial deed. Upon dissolution, each spouse is entitled to half of the value of the property acquired during the marriage, with certain exclusions (personal use items, gifts, inheritance, compensation for personal injury).
Recognition and Enforcement of Foreign Divorce Judgments
Foreign divorce decrees are not automatically valid in Türkiye. They must go through a recognition (tanıma) or enforcement (tenfiz) action under the Law on International Private Law (5718). Without recognition the Turkish civil registry will still show the parties as married, which prevents remarriage in Türkiye, complicates inheritance and property matters and may affect Turkish citizenship of children.
What to Expect Working with Us
- Initial consultation in English by Zoom / Google Meet.
- A short written case strategy memo identifying the applicable grounds, expected timeline and required documents.
- Power of attorney issued at a Turkish consulate abroad or at any Turkish notary — no need to travel for filing.
- Regular updates after each procedural step, with translation of key court decisions on request.
This page is provided for general information only and is not legal advice. Please contact us for matter-specific consultation.