Property Division and Child Custody in Divorces in Turkey: A Legal Guide for Foreigners

1. Introduction

Divorce in Turkey not only terminates the marital relationship but also brings crucial legal issues such as property division and child custody. The Turkish Civil Code regulates these matters in detail. For foreign nationals divorcing in Turkey, the process may involve additional considerations under private international law.

This article provides an overview of property division and child custody rules in Turkish law, with a focus on foreigners going through divorce proceedings in Turkey.

2. Property Division in Divorce

2.1 Legal Property Regime

Since 2002, the default legal property regime in Turkey has been the participation in acquired property regime.

• Assets acquired during marriage are considered joint and are subject to division.

• Assets acquired before marriage, or through inheritance or donation, are considered personal property and are excluded.

• The property regime ends once a divorce case is filed, and the liquidation process begins.

2.2 How Property Division Works

A property division case is separate from the divorce case and may be filed after the divorce judgment becomes final. For example, if a property was purchased during the marriage in Alanya, its value will be calculated and divided through participation claims.

2.3 Property Division for Foreigners

• If the spouses share the same nationality, their national law applies.

• If not, the law of their common habitual residence applies; otherwise, Turkish law applies (Article 15, Turkish Private International Law Act).

• For couples residing in Turkey, Turkish Civil Code provisions are usually applied.

3. Child Custody in Divorce

3.1 The Principle of the Child’s Best Interest

Custody includes the child’s care, education, and legal representation. After divorce, the judge decides custody based on the best interest of the child.

• Custody of younger children is often granted to the mother, but the child’s age and opinion are considered in all cases.

3.2 Custody and Child Support

• The parent without custody retains the right to personal contact with the child.

• The non-custodial parent is also required to pay child support (participation alimony) according to the child’s needs.

3.3 Custody for Foreigners

• If the child’s habitual residence is in Turkey, Turkish courts have jurisdiction over custody.

• A Turkish custody decision may need to go through recognition/enforcement (exequatur) procedures abroad to be valid in another country.

4. Divorce Process for Foreign Nationals in Turkey

4.1 Competent Court

Divorce cases are filed before the Family Courts where the spouses reside. If neither resides in Turkey, the case may be filed at the last place of residence of the respondent.

4.2 Applicable Law

• If spouses share the same nationality, their national law applies.

• If not, the law of their common habitual residence applies; otherwise, Turkish law is applied (Article 14, Turkish Private International Law Act).

4.3 Recognition of Foreign Divorce Decisions

Foreign divorce judgments must be recognized by Turkish courts through a recognition and enforcement case to be valid in Turkey. Without this procedure, the divorce is not legally effective in Turkish law (e.g., civil registry records remain unchanged).

5. Conclusion

Divorce cases in Turkey often involve sensitive issues of property division and child custody. For foreigners divorcing in Turkey, the process may be more complex due to private international law rules. To avoid legal disadvantages and protect your rights, it is highly recommended to seek assistance from an experienced divorce lawyer in Turkey.