Divorce also brings with it interrelated decisions such as maintenance, custody, division of property and often housing. Short time limits are prescribed by law for some of these decisions; some rights may be lost if they are not exercised shortly after the divorce becomes final.

On this page, we summarise the issues most frequently encountered in family law, the relevant time limits and the procedure followed. Our office is based in Istanbul (Küçükçekmece) and provides legal advice and litigation follow-up in divorce and family law disputes.

What matters do we handle in this area?

Uncontested divorce and preparation of the divorce settlement protocol
Contested divorce proceedings (irretrievable breakdown of the marital union, desertion, adultery and other grounds)
Material and non-pecuniary compensation in divorce
Maintenance: interim, child and spousal maintenance; actions for increase, reduction and termination
Custody, variation of custody and personal contact with the child
Liquidation of the matrimonial property regime and division of property, claims for wedding jewellery, family home annotation
Protection and restraining orders under Law No. 6284
Recognition in Turkey of divorce decisions granted abroad and registration in the civil registry

Uncontested divorce

The conditions for uncontested divorce are regulated under Article 166/3 of the Turkish Civil Code (TMK):

The marriage must have lasted for at least one year.
The spouses must apply to the court jointly, or one spouse must accept the case filed by the other.
The judge hears the parties in person and must be satisfied that their intentions have been expressed freely. For this reason, the spouses must attend the hearing.
The judge must find the arrangements regarding the financial consequences of the divorce and the situation of the children appropriate. The judge may make such amendments as deemed necessary; if these are accepted by the parties, a divorce decree is granted.

What should be included in the protocol?

Which parent will have custody and the arrangements for the other parent’s personal contact with the child (weekends, public holidays, summer holidays)
Child maintenance and, if applicable, spousal maintenance; the amount, payment date and basis for annual increase
Claims for material and non-pecuniary compensation, or mutual waiver of these claims
Division of property, wedding jewellery and household goods
Use of the family home, and which party will pay loan and rent liabilities

An issue not expressly regulated in the protocol may later turn into a separate dispute. In particular, the scope of wording showing waiver of claims relating to the matrimonial property regime should be drafted carefully.

Contested divorce: grounds, fault and proof

If the spouses cannot agree, divorce is sought on one of the grounds listed in the law.

Specific grounds:

Adultery (TMK Article 161) and attempt on life, very bad or degrading treatment (TMK Article 162): the right to bring proceedings lapses six months from learning of the ground and, in any event, after five years from the incident. A spouse who has forgiven the conduct has no right to sue.
Commission of an offence and leading a dishonourable life (TMK Article 163)
Desertion (TMK Article 164): the separation must have lasted at least six months and the notice served through a judge or notary must have remained ineffective.
Mental illness (TMK Article 165)

General ground: The marital union has broken down irretrievably to such an extent that the spouses cannot reasonably be expected to continue their common life (TMK Article 166/1). In practice, most cases are based on this ground.

De facto separation: If a previously filed divorce action has been dismissed and that decision has become final, divorce is granted on the request of one spouse where common life could not be re-established within one year from the date the decision became final (TMK Article 166/4). This period was reduced from three years to one year in 2024 by Law No. 7532.

Fault and proof: The degree of fault directly affects claims for compensation and spousal maintenance. Unless the judge reaches an inner conviction regarding the events relied upon as the basis for divorce, they are not treated as proven, and admissions by the parties do not bind the judge (TMK Article 184). Witness statements, correspondence, medical reports and bank records are commonly used evidence. Whether records obtained unlawfully can be used as evidence requires a separate assessment.

Court with jurisdiction: The family court at the domicile of either spouse or at the place where the spouses last lived together for the previous six months before the action (TMK Article 168).

Maintenance

Interim maintenance: When a divorce action is filed, the judge takes, of his or her own motion, the necessary measures during the proceedings for the housing and maintenance of the spouses and children (TMK Article 169). Even before proceedings are filed, a spouse justified in living separately may also claim maintenance (TMK Article 197).
Child maintenance: The parent who is not granted custody must contribute to the child’s care and education expenses in proportion to his or her means (TMK Article 182).
Spousal maintenance: The party who will fall into poverty because of the divorce and whose fault is not more serious may claim maintenance from the other party in proportion to the latter’s financial means (TMK Article 175).

The amount of maintenance is determined by taking into account the parties’ income, expenses, standard of living and the child’s needs. If financial circumstances change, an increase or reduction of maintenance may be requested. Periodical maintenance ends automatically if the recipient remarries or if one of the parties dies; it may be terminated by court order if the recipient cohabits as though married without marrying, if poverty has ended, or if the recipient leads a dishonourable life (TMK Article 176).

Current position regarding indefinite maintenance: The Constitutional Court has annulled the phrase “indefinitely” in TMK Article 175. The decision was published in the Official Gazette dated 30.09.2026, and the annulment provision will enter into force on 30.06.2027. Until that date, the current rule will continue to apply. The decision does not abolish spousal maintenance, and existing maintenance does not end automatically. It should be monitored whether a new legislative arrangement will be made and what effect this may have on existing maintenance.

Custody and personal contact with the child

When deciding on divorce, the court regulates custody and personal contact with the child, hearing the mother and father where possible (TMK Article 182). The decisive criterion is the best interests of the child. In this assessment, the court considers:

the child’s age, health and educational needs, and established environment
the parents’ care capacity and the time each can devote to the child
the child’s own views if the child is of sufficient understanding
the social investigation report (pedagogue, psychologist or social worker)

In the Court of Cassation’s practice, it is also seen that joint custody may be ordered where the conditions are met. The court warns in its decision that, if the personal contact arrangement is not complied with, custody may be varied provided that this is not contrary to the child’s interests. Where new facts arise (such as relocation, remarriage or neglect), a variation of custody may be requested (TMK Article 183).

Matrimonial property regime, division of property and wedding jewellery

Unless the spouses agree otherwise by contract, the regime of participation in acquired property applies (TMK Article 202). Under this regime, assets acquired through work during the marriage are subject to division; assets owned before marriage, and assets received by inheritance or gift, are as a rule personal property. Each spouse is entitled to half of the other’s residual value (TMK Article 236). A spouse who has contributed to the other spouse’s property may also claim a share in the increase in value (TMK Article 227).

Time of termination: In divorce, the matrimonial property regime ends on the date the action is filed (TMK Article 225). Assets acquired after that date do not enter the division.
Before 2002: For the period of marriage before 01.01.2002, the statutory regime is separation of property (Law No. 4722, Article 10). Claims relating to that period are calculated on different bases.
Action and time limit: Even if liquidation of the matrimonial property regime is requested together with the divorce case, in practice it is usually conducted separately and the finalisation of the divorce decree is awaited. In the Court of Cassation’s practice, a ten-year limitation period is applied to these claims. Claims for compensation and maintenance, however, become time-barred within one year from the date the divorce becomes final (TMK Article 178).
Risk of asset dissipation: During the proceedings, an interim injunction may be requested against the possibility of transfer of real estate or a vehicle. In respect of the family home, the spouse who is not the owner may request a family home annotation from the Land Registry (Tapu) directorate (TMK Article 194).
Wedding jewellery: Jewellery presented at the wedding is, in the Court of Cassation’s practice, as a rule regarded as belonging to the woman regardless of in whose name it was given. Who retained the jewellery and how it was spent is proved by witness evidence and documents.
New asset types: Bank accounts, company shares and crypto assets are also taken into account in liquidation.

Domestic violence and protection orders (6284)

A person subjected to violence or at risk of violence may request protection under Law No. 6284. The request may be made to the family court judge, the local administrative authority or law enforcement (Article 8).

For a protective measure order, no evidence or document is required showing that violence has occurred; a preventive measure order is granted without delay (Article 8/3).
The measure is granted for up to six months on the first occasion; it may be extended if the risk of violence continues (Article 8/2).
For breach of the order, coercive imprisonment of from three to ten days is imposed by judicial order, and from fifteen to thirty days for each repeated breach; the total period may not exceed six months (Article 13).
Measures include removal from the home, a non-approach order and a communication ban.

A protection order is independent from divorce proceedings; it may be requested without filing for divorce. Disputes involving allegations of domestic violence are not suitable for mediation (Law No. 6325, Article 1/2).

Divorce decisions granted abroad

A divorce decision obtained from a foreign court does not become automatically valid in Turkey. Some decisions may, if the statutory conditions are met, be registered in the civil registry through an administrative procedure (Law No. 5490, Article 27/A); for others, a recognition action must be filed before the family court (Private International and Procedural Law No. 5718 (MÖHUK)). Without recognition or registration, remarrying in Turkey and matters concerning surname and civil registry records may cause problems. Details: Foreigners Law.

How does the process work?

Initial meeting: The length of the marriage, children, assets, income position and any incidents of violence are discussed.
Choice of route: If uncontested divorce is possible, the protocol is prepared; if not, the grounds for the action and the evidence are identified.
Urgent measures: If necessary, a protection order, interim maintenance, interim injunction and family home annotation are requested.
Proceedings: Petitions, preliminary examination, witness testimony, social investigation report and, if necessary, expert examination.
Decision and appeal: Regional appeal against the reasoned decision, followed by further appeal; update of the civil registry record after the decision becomes final.
Subsequent matters: Liquidation of the matrimonial property regime, follow-up of maintenance and personal contact decisions, and enforcement where necessary.

Documents to be prepared

Civil registry extract and marriage information
The children’s school and health information
Income documents: payslip, Social Security Institution (SGK) records, rental income
Land Registry, vehicle, bank and company records
If any, assault report, protection order, complaint petition, correspondence
Names and contact details of witnesses

Common mistakes and risks of missing time limits

Missing the six-month period after learning of adultery or degrading conduct, or appearing to have forgiven the conduct
Signing the protocol without clearly regulating the matrimonial property regime and claims relating to wedding jewellery
Forgetting to claim compensation and maintenance within one year after the divorce becomes final
Not requesting interim measures against the risk of assets being transferred before filing the action
Failing to comply with the personal contact order; this may be grounds for variation of custody
Overlooking that inheritance rights may be affected if one spouse dies while the divorce action is pending: if one of the heirs continues the action and the fault of the surviving spouse is proved, that spouse loses inheritance rights (TMK Article 181/2). Details: Inheritance Law

Frequently asked questions

How long does an uncontested divorce take?
If the protocol is ready and the marriage has lasted at least one year, the case is usually concluded in a single hearing. When the hearing date will be set depends on the court’s workload. If the parties waive legal remedies, the decision may become final sooner.

What should be included in the protocol?
Custody, personal contact arrangements, child and spousal maintenance, compensation, division of property, wedding jewellery and use of the family home. Matters not regulated may later become the subject of separate proceedings.

How is maintenance determined?
It is determined by the judge, taking into account the parties’ income and expenses, standard of living and the child’s needs. If circumstances change, an increase or reduction may be requested.

According to which criteria is custody granted?
The decisive consideration is the child’s best interests. The child’s age, needs, the parents’ care capacity, the views of a child of sufficient understanding and the social investigation report are assessed.

Is a property division case filed together with the divorce?
It may be requested together; however, in practice it is usually conducted separately and the finalisation of the divorce decree is awaited. It may also be filed after the divorce becomes final.

Is evidence required for a protection order?
No. Under Law No. 6284, no evidence or document showing that violence has occurred is required in order to grant a protective measure order. However, preserving evidence remains important for proving the events in a criminal investigation and in divorce proceedings.

How Are the House, Car and Savings Divided in Divorce?
Irretrievable Breakdown of the Marital Union
Divorce Action Based on Desertion
Material and Non-Pecuniary Compensation in Divorce Proceedings
What Is Maintenance and How Does It End?
Do I Have Custody, What Is My Legal Position?
Determination of Crypto Assets in Divorce and Matrimonial Property Regime Cases
Surname and Civil Registry Procedures After Recognition of a Divorce Decision
Inheritance Law · Foreigners Law

Contact

You can contact us via our contact page to discuss a matter relating to divorce or family law.

Istanbul: Kartaltepe Mah. Süvari Cad. Torkam E5 Residence A Block No:21, Sefaköy, Küçükçekmece
Tel: +90 212 579 79 85

This page is for general information purposes only and does not constitute legal advice for your specific circumstances. Legislation and case law may change; before taking action, assess the current position with a lawyer.

Divorce and Family Law