Divorce Lawyer - Frequently Asked Questions

1) What is the required age for marriage?

For a marriage contract to be valid, the parties to be married must first have the capacity to marry. Capacity to marry means that the parties must be of the legal age specified for marriage, possess the capacity to understand and reason, and not suffer from a mental illness. The legally specified age for marriage is 17, regardless of gender. Although the law states that a person must be 18 years old to be considered an adult, individuals who have reached the age of 17 can marry with the consent of their families.

 2) I am under 17, can I get married?

Although the legal marriage age is 17, in some exceptional cases, marriage can be permitted by a judge upon the request of individuals who have reached the age of 16 and possess the capacity to make reasoned decisions. When making this decision, the judge considers the best interests of the person requesting the marriage. The judge may grant permission for marriage in cases such as pregnancy, being an orphan, or the prospective spouse having a high income. However, this permission is at the judge's discretion. The judge may consult with the applicant's family or guardian, if any, to obtain information, but is not bound by this information.

3) Can individuals who lack the capacity to discern marry?

The Civil Code stipulates that individuals must be at least 17 years old and possess the capacity to understand and reason in order to marry. The first step is to determine whether the lack of capacity within the marriage is permanent or temporary. If the person lacks capacity permanently, the marriage is void due to absolute nullity. There is no time limit for filing a lawsuit for absolute nullity; all relevant parties can request the annulment of the marriage indefinitely. If one of the parties lacks capacity temporarily, the marriage is void due to relative nullity. In relative nullity cases, only the spouse can request the annulment of the marriage.

4) If I marry a relative, will this marriage be valid?

The Civil Code prohibits marriages between individuals within certain kinship relationships. Accordingly, marriage is forbidden between ascendants and descendants (parents and children), siblings, and between uncles, aunts, and nephews/nieces. Furthermore, even if the marriage has ended, marriages between one spouse and the other's parents or children are also invalid. However, marriage between a spouse and their sibling after divorce is not prohibited. Marriage between adoptive parents and adopted children, and between one parent and the other's children and spouse, is also prohibited. There is no prohibition on marriage beyond the third degree of collateral relatives; for example, cousins ​​can marry. If individuals prohibited from marrying within these three groups somehow do so, the prosecutor or any interested party can file a lawsuit for absolute nullity to terminate the marriage without any time limit.

5) My spouse has been declared missing; how can I remarry?

For a person whose spouse has been declared missing to remarry, they must apply to the court for the annulment of the marriage. A marriage entered into without a court order for annulment is invalid. You can request the annulment of the marriage from the court both when seeking the declaration of missing person status and after the declaration has been issued.

6) I recently divorced my husband, can I remarry immediately?

Although a man can remarry immediately after the dissolution of a marriage, the Civil Code stipulates that a woman must wait 300 days before remarrying. This 300-day waiting period is called the iddah period. The purpose of the iddah period is to ensure that the paternity of any child born as a result of the woman's pregnancy after the divorce can be correctly determined.

7) Can I file a lawsuit to have the waiting period (iddet) waived?

To marry without observing the waiting period (iddet), individuals can file a lawsuit to have the iddet period waived. For the iddet period to be waived, the person must not be pregnant. When individuals apply to the court for the waiver of the iddet period, the court decides to waive it based on a report from the hospital confirming that the person is not pregnant.

😎 Where should I apply to get married?

Individuals wishing to marry submit their marriage declarations jointly to the marriage registry office in the place where one of them resides. In municipalities, the authorized marriage officer is the mayor or his/her deputy

9) Do I have to have a wedding ceremony to get married?

A wedding ceremony is not mandatory for marriage. When the parties apply to the relevant authorities with documents containing their declarations of marriage, and if there are no impediments to their marriage, the marriage officer will set a date for the ceremony. For the marriage to be valid, it is sufficient for the parties to accept their declarations of marriage in the presence of the marriage officer and two fully competent witnesses, then sign the register, and for the marriage officer to approve this declaration.

10) In order for a marriage to be valid, do we also need to have a religious marriage ceremony in addition to the civil marriage ceremony?

According to the Civil Code, marriage is established when the parties accept each other's declarations of marriage before a marriage officer. Therefore, after a civil marriage, a religious marriage is not necessary. However, in Turkish customs and traditions, many people also have a religious marriage ceremony. While a religious marriage can be performed after a civil marriage, it alone does not have legal validity.