Divorce Decision in Turkey and the Results

Divorce is a significant legal and personal process that affects not only the individuals involved but also their financial and family-related rights. In Turkey, divorce is regulated under the Turkish Civil Code (Law No. 4721), which governs marriage, divorce, and post-divorce consequences.

1. Legal Framework of Divorce in Turkey

The Turkish Constitution protects the institution of the family while ensuring gender equality between spouses. Divorce in Turkey can be granted based on:

• Breakdown of the marriage (due to irreconcilable differences)
• Consensual divorce (mutual agreement between spouses)
• Annulment of marriage (declaring the marriage legally void, for example, due to mental incapacity or fraudulent consent)

2. Consequences of a Divorce Decision in Turkey

Once a divorce decision is finalized, it brings several legal and financial consequences for the ex-spouses.

Termination of Marriage and Right to Remarry

• Upon finalization of the divorce, both spouses regain their single status and can remarry freely.
• Article 132 of the Turkish Civil Code (TCC) requires an ex-wife to wait for three months before remarrying to avoid paternity disputes.

Division of Matrimonial Property

• Article 179 of the TCC states that the division of property follows the agreed marital property regime.
• If the spouses did not have a separate property agreement, the standard “shared property regime” applies, meaning assets acquired during the marriage are divided equally.

Surname and Personal Status After Divorce

• According to Article 173 of the TCC, an ex-wife cannot retain her ex-husband’s surname and must revert to her maiden name.
• However, she can request to keep the surname if:
  • There is an economic benefit (e.g., professional reputation).
  • It does not harm the ex-husband.
• The ex-husband can object to this if it causes reputational harm.

Inheritance Rights After Divorce

• Ex-spouses lose their inheritance rights upon divorce.
• Any testamentary dispositions (wills) made in favor of the ex-spouse become invalid, unless explicitly stated otherwise (Article 181 of the TCC).
• If one spouse dies before the divorce is finalized, the surviving spouse retains inheritance rights unless the deceased spouse’s heirs prove that the surviving spouse was at fault for the divorce.

Custody and Child Support

• The court determines child custody based on the best interests of the child.
• Child support payments are decided based on the financial status of both parents.

3. Gender Equality and Controversial Aspects of Divorce Law in Turkey

While Turkish law provides protections, some provisions remain controversial, particularly regarding:

• The waiting period for women to remarry (which does not apply to men).
• The requirement for a woman to change her surname, despite European Court of Human Rights (ECHR) rulings recognizing a woman’s surname as a fundamental part of her private life.

4. Conclusion: Legal Rights and Obligations Post-Divorce

A divorce decision in Turkey has far-reaching consequences, affecting property division, surname rights, inheritance, and child custody. To protect one’s rights, it is crucial to understand Turkish family law and seek legal counsel if necessary.