Family Lawyer

As a family lawyer in Mersin, I provide legal support in all disputes arising from family relationships: divorce, child custody, maintenance and division of property, as well as broken engagements, parentage, protection measures against domestic violence and the recognition of divorce judgments given abroad. Because family law cases directly affect both a person’s private life and their financial future, each case should be handled with a separate plan based on the circumstances of the party concerned.

Family law is the area of law that governs marriage, divorce, the position of children, matrimonial property regimes, maintenance and the legal relationships between family members. These disputes are heard by family courts (aile mahkemesi) and are often subject to time limits; a step not taken in time can lead to a loss of rights that cannot be remedied later.

What Does a Family Lawyer Help With?

• Divorce cases: uncontested and contested divorce
• Custody, change of custody and personal contact with the child
• Maintenance: interim, child, post-divorce and relative maintenance; actions to increase or end maintenance
• Division of property: participation in acquired property, contribution claims and value increase claims
• Compensation for financial and non-financial damage resulting from divorce
• Broken engagements: return of gifts and compensation
• Parentage cases: paternity action and action to deny paternity
• Family home annotation and disputes concerning the family home
• Protective and preventive measures under Law No. 6284
• Recognition in Türkiye of divorce judgments given by foreign courts

Divorce Cases

Divorce is the most common process in family law. If the spouses agree on the divorce and its consequences and the marriage has lasted at least one year, they can choose uncontested divorce (anlaşmalı boşanma); if there is no agreement, a contested divorce case (çekişmeli boşanma davası) is filed and the court assesses the ground for divorce and fault on the basis of the evidence. Detailed information on the types of divorce, the grounds, the competent court and the process is available on the divorce lawyer in Mersin page.

Custody and the Best Interests of the Child

In custody decisions, courts are guided by the best interests of the child (çocuğun üstün yararı). The child’s age, care and education needs, bond with each parent and living conditions are assessed; a child old enough to form views is heard, and in most cases a social investigation report (sosyal inceleme raporu) is prepared. If circumstances change after the divorce, a change of custody or a new arrangement for personal contact can be requested. For details, see the child custody cases page.

Maintenance Claims

The Turkish Civil Code (TMK) provides for interim maintenance (tedbir nafakası) for the spouse and children during the proceedings, child maintenance (iştirak nafakası) for the child’s expenses after the divorce, post-divorce maintenance (yoksulluk nafakası) for a spouse who would fall into poverty because of the divorce, and relative maintenance (yardım nafakası) for ascendants and descendants who would fall into poverty. When the parties’ income and expenses change, an increase, reduction or termination of maintenance can be requested. Details: maintenance cases.

Division of Property and the Matrimonial Property Regime

For the period after 1 January 2002, the statutory matrimonial property regime is participation in acquired property (edinilmiş mallara katılma); assets acquired in this period, such as real estate, vehicles, bank accounts and company shares, are as a rule divided between the spouses. For the earlier period, a contribution claim (katkı payı alacağı) may arise, as well as a value increase claim (değer artış payı). The liquidation of the property regime is usually heard in a separate case after the divorce judgment becomes final. Details: division of property.

Broken Engagements, Parentage and the Family Home

If an engagement is broken off, the return of gifts given and compensation for financial and non-financial damage can be claimed; these claims are subject to a one-year limitation period from the end of the engagement.

In parentage cases, a paternity action (babalık davası) can be filed to establish the legal tie between a child and the father, and a husband who claims that he is not the father of a child born during the marriage can file an action to deny paternity (soybağının reddi davası). The action to deny paternity is subject to short time limits set by law.

Real property used as the family home (aile konutu) cannot be sold or transferred by the owner spouse without the consent of the other spouse. Registering a family home annotation (aile konutu şerhi) on the title deed makes this protection effective against third parties as well.

Protection Measures against Domestic Violence

In cases of domestic violence or a risk of violence, measures can be requested under Law No. 6284 on the Protection of the Family and the Prevention of Violence against Women, such as removing the perpetrator from the shared home, restraining and no-contact orders, and temporary custody and interim maintenance. The application can be made to the family court; in urgent cases, the police and the Chief Public Prosecutor’s Office (Cumhuriyet başsavcılığı) can also start the protection process. A divorce case does not need to have been filed for these measures.

Recognition of Divorce Judgments Given Abroad

A divorce judgment given by a court in a foreign country must be recognised in order to have legal effect in Türkiye. Some judgments can be registered directly by applying to the civil registry office (nüfus müdürlüğü), while for contested judgments or judgments with consequences such as custody or maintenance, an action for recognition or enforcement (tanıma veya tenfiz davası) is filed with the family court. Until the judgment is recognised, steps such as remarrying in Türkiye cannot be taken.

How Are Family Law Cases Handled in Mersin?

Family law cases are heard by family courts; where there is no family court, the civil court of first instance (asliye hukuk mahkemesi) hears the case acting as a family court. Divorce cases of spouses who live in Mersin, or who spent the last six months before the case in Mersin, can be filed in Mersin; for those living in districts such as Tarsus, Erdemli, Silifke, Anamur and Mut, the competent court is determined according to their place of residence.

For clients living outside Mersin or abroad, meetings can be held online, documents can be sent electronically and the case is followed through the National Judiciary Informatics System (UYAP). For proceedings such as uncontested divorce, where the spouses must attend the hearing in person, the hearing date is planned accordingly.

Frequently Asked Questions

Get an Assessment of Your Family Law Matter

The circumstances of every family law dispute are different. To assess your rights and the course of action in divorce, custody, maintenance, division of property or other family law matters, you can reach me through the contact page.