Practice Areas
Family and Inheritance Law
Divorce, custody, maintenance, division of marital property, certificates of inheritance and international family and inheritance matters in Türkiye.
Family and inheritance law in Türkiye covers marriage and divorce, custody and maintenance, the matrimonial property regime and the transfer of an estate on death. Its main source is the Turkish Civil Code No. 4721; in cases with a foreign element, the Law on Private International and Procedural Law No. 5718 also applies.
Family and inheritance disputes have strong personal and emotional dimensions alongside the legal ones. The aim is to protect each party's rights while keeping the best interests of children at the centre and favouring settlement wherever possible.
Divorce in Türkiye
The Turkish Civil Code allows divorce by mutual consent or through contested proceedings. In an uncontested divorce the spouses must agree on the financial consequences and on arrangements for the children. In a contested divorce, one of the statutory grounds for divorce must be proven.
Custody, contact and maintenance
The decisive criterion in custody decisions is the best interests of the child. Contact is arranged between the child and the parent who does not have custody. Interim, child and post-divorce maintenance are set according to the parties' financial situation and needs.
Matrimonial property
Unless the spouses agree otherwise, the regime of participation in acquired property applies. Liquidation of property acquired during the marriage may be claimed together with the divorce or in separate proceedings. Transactions concerning the family home require the other spouse's consent.
International family cases
Where one spouse is a foreign national or the marriage was concluded abroad, the applicable law and the competent court are determined under Law No. 5718. Foreign divorce and custody judgments must be recognised or enforced by a Turkish court before they take effect in Türkiye. International child abduction cases are governed by Law No. 5717 and the Hague Convention.
Inheritance law
On death, the estate passes to the statutory and appointed heirs. Heirship is proven by a certificate of inheritance. Where the estate is insolvent, heirs may disclaim the inheritance within the three-month period set by law. Heirs entitled to a reserved portion may bring an action for abatement against dispositions that infringe it.
Estates of foreign nationals
Under Law No. 5718, succession is as a rule governed by the national law of the deceased, but Turkish law applies to immovable property located in Türkiye. This distinction is decisive for heirs living abroad when the estate is divided.
Scope of services
- Uncontested and contested divorce
- Custody, contact and maintenance claims
- Liquidation of matrimonial property
- Recognition and enforcement of foreign divorce judgments
- Certificates of inheritance and estate administration
- Disclaimer of inheritance and actions for abatement
- Drafting and challenging wills
- Estates with a foreign element
Frequently asked questions
- What are the requirements for an uncontested divorce in Türkiye?
- Under the Turkish Civil Code, the marriage must have lasted at least one year, the spouses must apply together or one must accept the other's petition, and the judge must hear both spouses in person and approve their arrangements on financial matters and the children.
- Is a divorce obtained abroad valid in Türkiye?
- For a foreign judgment to have binding effect in Türkiye and be entered in the civil registry, recognition or enforcement must be obtained from a Turkish court. In certain cases administrative recognition is also available.
- Is there a deadline to disclaim an inheritance in Türkiye?
- Yes. Under the Turkish Civil Code, an inheritance is generally disclaimed by a declaration to the civil court of peace within three months of the heir learning of the death.
- Which law applies to a foreigner's property in Türkiye after death?
- Under Law No. 5718, succession is generally governed by the deceased's national law, but Turkish law applies to immovable property located in Türkiye.
Related practice areas
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Legal advice on buying property in Türkiye, title deed disputes, leases and eviction, condominium matters and property acquisition by foreign nationals.
Immigration Law in Türkiye
Legal advice and representation for foreign nationals on Turkish residence and work permits, deportation, administrative detention and citizenship.
Foreign Investment and Relocation Law
Legal support for foreign investors relocating to Türkiye: company formation, citizenship by investment, investor residence and family reunification.