Family Law and Litigation
Since the establishment, maintenance and protection of the family, which is the smallest building block of the society, is very important for the establishment of a safe and peaceful society, it is very important for family members to regulate all these relations, to eliminate possible problems and to end the the family relationship in the most successful way by protect the rights of the parties when necessary.The set of rules that regulate these relations is the Family Law.
Family Law is a branch of law that is within the branches of Civil Law and regulates family relations and all family-related issues. Family Law consists of three parts: marriage, kinship and guardianship. In the section of marriage law, the subjects of marriage, divorce, general provisions of marriage and property regimes between spouses are regulated; In the kinship section, subjects such as the establishment of paternity, adoption and family divisions are regulated. In the last part, the subjects of guardianship such as the order, execution and termination of guardianship are included.
Family Law is broad in terms of its scope and is a field of law that individuals frequently apply in present life. Mainly in this field; There are legal regulations on issues such as engagement, marriage, divorce, custody, alimony, common house of the spouses, property regime, paternity, adoption.
The basic essence of Family Law is marriage. Marriage, in essence, is the most important contract a person has ever signed in his life. The divorce case, on the other hand, is a lawsuit filed for the annulment of the marriage contract and constitutes an important turning point in the lives of the spouses as well as the joint children in terms of its results and effects. For this reason, the divorce case and the proper management of the divorce process are very important. If the divorce process is not managed properly, this process can turn into a trauma, leading to serious problems such as loss of rights and economic problems for spouses and children. In terms of the financial consequences of divorce, if the desired result cannot be achieved effectively, serious grievances may be experienced for the parties. In this process, it is very important that the parties are informed and directed correctly and that these issues are dealt by competent experts.
Güneş & Güneş Law Firm, which has been representing its clients as the best and most successful law firm for 25 years, in cases related to family law issues such as divorce cases, custody, alimony, family residence, property regime, paternity, adoption; With its expert and competent divorce lawyers in cases such as divorce, alimony, property regime, custody, it provides solution and result-oriented services throughout Turkey as your supporter in this important process for you.
Why Gunes & Gunes Law Firm?
25 Years of Experience
We have been providing legal consultancy services to our clients since 1999.
30 Person Team
We are a family of 30 people, with our lawyers and assistant teammates who are experts in different fields of work.
Service in 6 Languages
Internationally, we provide native language-level legal advice in Turkish, English, German, Russian, Ukrainian and Dutch.
33 Different Practice Areas
We provide legal support to our clients in many different fields of work.
Legal Services of Lawyers of Güneş & Güneş Law Firm Specialized and Experienced in the Field of Family Law are as follows;
- Preparation of Property Regime Agreements to be Valid in their Marriage upon agreement of the Spouses before Marriage,
- Lawsuits Regarding Marriage Permit, Removal of Iddat Period (waiting period) for women, and Follow-up of the Process,
- Cases Regarding Revocation of Gifts, Removal of Material and Moral Damages, Especially Resulting from the Disruption of the Engagement,
- Filing Uncontested and Contested Divorce Cases and Successfully Following and Concluding the Process,
- Preparation of the Agreement for Uncontested Divorce, Management of the Process and Representation in Negotiations,
- In Divorce Cases, Actions for Injunction, Participation and Poverty Alimony, and Joint Custody of Children, Material and Moral Compensation Cases,
- Case for Increasing, Reducing and Abolishing Alimony Regarding Measures, Poverty Alimony, Aid and Affiliate Alimonies Given by the Court,
- Liquidation of Property Regime Between Spouses and Cases for Participation and Management of the Process
- Establishment of Parental relationship between Child Born Out of Wedlock and Father, Denial of Paternity or Paternity Lawsuits,
- Follow-up of Child Property Lawsuits, Adoption Procedures and Application Process and Follow-up of this Process,
- Follow-up of Legal Support and Processes in Issues such as Guardianship, Trustee, Legal Counseling
- Litigation Processes and Follow-up on Issues such as Receiving, Changing and Supervision of Custody,
- Litigation of Processes such as Establishment of Guardianship, Appointment, Change and Supervision of Guardianship,
- Recognition and Enforcement of Divorce Decisions from Foreign Courts regarding Turkish Citizens Living Abroad,
- Recognition and Enforcement of Alimony, Divorce and Custody Decisions Given by Foreign Court Decisions,
- Processing the common house of de spouses Annotation in the Land Registry,
- Legal Support in the Process of Requesting, Taking and Complying with the Precautionary Decision Regarding Protection in Case of Domestic Violence,
- Legal Support for All Asset Contracts, Preparation of Contracts and Consultancy services on These Issues,
- Case for Annulment of Marriage Due to Absolute Nullification and Follow-Up of the Process,
- Action for Annulment of Marriage Due to Relative Nullification and Follow-up of the Process,
- Custody and Alimony Law Collection of Alimony Receivables with Legal Remedy against the defaulting party
- Opening and concluding a criminal case due to non-payment of alimony debts,
- Restriction of the right of legal acting of Any of the Spouses
- Litigation Regarding the Resolution and Conclusion of All Other Disputes in Family Courts
- Request for Inheritance Documents, Cases Regarding Annulment of Inheritance Documents,
- Application and Transactions for Determination of Household Goods and Spouse’s Property,
- International Child Abduction Return Case and Follow-up of the Process,
In order to see the awareness of Güneş & Güneş Law Firm, which is located in Antalya and strives to provide the best advocacy and litigation services throughout Turkey, you can ask questions about all your problems en receive consultancy and advocacy services by contacing us.
“Because we have the knowledge and experience to help you make the right decisions”
Frequently Asked Questions about Family Law and Divorce Cases
According to the Civil Code, the legal age for marriage is 17. A 17-year-old individual who has not yet reached adulthood can get married with parental consent.
According to the Civil Code, the authorized places for marriage applications are municipal offices. You can apply for marriage at the district or city municipality where one of the spouses resides.
People who are subjected to domestic violence can benefit from various options. Although this concept has not been fully developed in our society yet, we hope that the legal rights and opportunities available will be used more effectively and actively in the near future. In this section, we will explain these rights and options in detail.
According to the definitions made in the Law on the Protection of the Family and the Prevention of Violence Against Women, Violence Against Women is defined as: “attitudes and behaviors that are applied to women simply because they are women, or that affect women through gender-based discrimination, leading to violations of women’s human rights.
The concept of domestic violence is broadly defined in the law. It would be more logical to explain these concepts under four main categories for better understanding.
Although there are provisions in various special laws, the following laws can be referred to in cases of domestic violence:
- Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women
- Turkish Penal Code No. 5237
- Turkish Civil Code No. 4721
The most effective method for family members experiencing violence is to apply to the Family Court and the Public Prosecutor’s Office. In the case of an application to the Family Court due to domestic violence, the judge, in accordance with the Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women, can impose various penalties on the person committing the violence.
The most common penalties include removal from the shared home and a restriction to stay a certain distance away from the home. If the perpetrator does not comply with this penalty, they can face imprisonment. Additionally, the perpetrator may be required to pay alimony. If the perpetrator damages household goods during the protection period, they will face imprisonment. Moreover, actions such as harassing by phone, stalking, etc., will lead to a prison sentence. If the perpetrator owns any registered weapons, they are required to surrender them to the authorities during the penalty period. The judge will immediately impose appropriate precautionary measures without getting into the main details of the case. This lawsuit is filed without any court fees.
In order to file for alimony in Family Courts, there must be a valid reason. The most common valid reasons include the spouse’s failure to fulfill their financial responsibilities for the household and neglecting the household duties. In the case of divorce, the spouse who is likely to fall into poverty may request alimony, provided they are not the more at-fault party. The main purpose of alimony in Family Courts is to ensure that spouses who fail to fulfill their responsibilities within marriage are held accountable, and during divorce, to help the spouse who will experience financial hardship due to the end of the marriage to maintain a standard of living similar to what they had during the marriage.
There is no requirement to file for divorce in order to file an alimony case. It is also not necessary to be living separately. Even if you are not living apart from your spouse, you can file for alimony if your spouse is not taking care of the household. In the case of living separately, you can still file for alimony.
When determining the amount of alimony, the court will consider various criteria. However, the judge has significant discretion in determining the alimony amount. The most prominent criteria in determining alimony are the economic and social circumstances of both parties. When setting the amount of alimony, the judge will assess factors such as the paying spouse’s employment situation, position, the family’s previous lifestyle, and other relevant issues, in order to determine a fair and equitable amount.
In practice, the amount of alimony for children varies depending on their age, but it is typically between 200 and 600 TRY. If the paying spouse’s economic situation is significantly above that of an average citizen, this amount will increase proportionally. Therefore, based on the answer we provided to the question “How is the alimony amount determined?”, you can determine the amount of alimony you would like to request.
If your spouse is not paying the alimony ordered by the court, enforcement proceedings (i.e., a legal collection process) should be initiated. Once an enforcement proceeding is initiated for alimony, it will also apply to future alimony payments that become due.
The main rule in criminal law is that no one can be deprived of their freedom for economic reasons. However, alimony debts are an exception to this rule. If alimony payments are not made, the spouse who is owed alimony has the right to file a complaint. As a result of this complaint, the court will impose a separate penalty for each alimony payment that has not been made.
In alimony cases, when the court determines a fixed amount of alimony, due to factors such as inflation, the amount may remain very low compared to current economic conditions. To address this issue, the law provides two solutions. The first is to determine the alimony amount with a progressive increase at the time the alimony decision is made. However, in practice, courts often do not make this decision due to practical problems. If the alimony recipient finds that the alimony amount is insufficient given the current economic conditions, they have the right to file for an Alimony Increase case. In such a case, the judge will reassess the alimony based on current conditions and make a new decision.
Just as alimony can be increased, it is also possible to reduce it. To do so, a new lawsuit must be filed. The name of the lawsuit is Alimony Adjustment. In alimony adjustment cases, the judge has significant discretion in making a decision. There are no objective criteria for this. The judge will evaluate the socio-economic conditions of the parties and make a decision based on that. The alimony payer may argue that their economic conditions have deteriorated, the alimony amount is too high, they can no longer meet their personal needs due to the alimony, and that the alimony recipient’s financial situation has significantly improved. In such a case, it would be appropriate to request an adjustment of the alimony.
Alimony is a debt that arises every month and does not automatically terminate. To end the alimony obligation, certain conditions must be met. First, if alimony is being paid to children, the obligation will end when the children reach the age of maturity, i.e., when they turn 18. For alimony paid to a spouse, it can be terminated if the spouse remarries or if their economic situation improves significantly. In such cases, a request for the termination of alimony can be made, and a court decision may be issued to remove the obligation.
If the alimony obligations set by the court are not paid, the party entitled to receive alimony can initiate enforcement proceedings to collect the alimony owed. Both provisional alimony and alimony for poverty or child support are considered priority debts in enforcement law. In addition to enforcement proceedings, the alimony creditor may also choose to file a complaint against the alimony debtor. If the alimony debtor fails to pay, they may face coercive imprisonment for up to three months. After the prison sentence is imposed, if the alimony is paid, the enforcement process will be suspended, and the debtor will be released.
If alimony is not paid, according to Article 344 of the Enforcement and Bankruptcy Law:
*”If the debtor does not comply with court orders regarding alimony, the creditor may file a complaint, and the debtor may be sentenced to coercive imprisonment for up to three months. If the debtor complies with the court order after the imprisonment has started, the debtor will be released.
If the debtor has filed a lawsuit to request the cancellation or reduction of alimony, the enforcement of coercive imprisonment may be postponed until the outcome of that case is decided.”*
In other words, a debtor who has been ordered to pay alimony but does not comply with the payment conditions specified in the judgment can be sentenced to a term of coercive imprisonment, ranging from ten days to three months, based on the circumstances of the case. This sentence is imposed by the Enforcement Penal Court upon the creditor’s complaint. After the sentence is served, the same ruling applies to any subsequent alimony obligations.
