Fethiye Law Firm

Family Law

30 Mart 2020

Family Law.Marriages & Divorce and General Information As Fethiye Lawyer & Fethiye Solicitor, We can help you when you divorce or get married. We can consult you. Family Law. Foreign marriages are recognized in Turkey. Under the International Private and Procedural Family Law, the legal capacity to marry must be governed by the respective national laws of the parties at the time of the marriage. The formal requirements and conditions of the jurisdiction where the parties married must be applicable. The marriage will not be considered to be invalid in Turkish law if it occurred abroad and is not registered with the Turkish authorities. All families in Turkey are registered at the population register. After each change in the structure of a family it is required to be mentioned that to the Turkish authorities. After getting married in Turkey, you have to notify the population register. In the case of divorce, you will need a Turkish court decision to notify it at the population register. Family Law and Divorce in Other Countries If the spouse’s divorce in other countries and they obtain a court decision there, the divorce won’t be recognized in Turkey. You have to start a recognition procedure of foreign divorce cases. In the case of that, the divorce procedures have been started in Turkey. You have to give a power of proxy to a Turkish attorney. You might choose an open trial which is public or it will take place with the doors closed. The Turkish judge may offer a period of three years for the reconciliation of the spouses. After this period, if the spouses continue to ask for the divorce, the judge will give a court decision. Family Law and Children custody The family regulations in Turkey include the rules regarding children, especially when their parents decide to divorce. The rules related to custody could be found in the Civil Code Law No. 4721 stipulates that the mother and the father have custody rights until he/she is 18 years old. If they divorce, the custody is given to one of them. The parents are the legal representatives of a child until he/she is 18 years old; after this age, he will represent himself and his/her parents aren’t allowed anymore to act on his/her behalf. During the years when the child is minor, his/her parents are required to take care of him/her, educate and ensure the means of living. The children must respect their parents and their will and they are not allowed to leave their house without parents’ consent. When it comes to a divorce When it comes to a divorce and the judge must decide what parent takes the custody of the child, there are a few factors that will influence the decision. The major factor is the possibility of a parent to offer the child a better life, better education, and living. The judges usually offer custody to the mothers because they are considered more appropriate to take care of young children. The father can take custody if the mother is not able to ensure proper education and living for the child. Disputes […]

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