Do I have to be physically present in Turkey for the divorce?

Not necessarily, but it depends on the type of divorce. For Contested Divorce, you generally do not need to attend every hearing if you grant us a special Power of Attorney (PoA). For Consensual Divorce, Turkish judges typically require both parties to be present at the final hearing, though remote testimony via video link is possible in exceptional cases.

How long does a divorce take in Turkey?

The timeline varies based on cooperation. A Consensual Divorce (Anlaşmalı) can be finalized in 1 to 3 months, usually in a single hearing. A Contested Divorce (Çekişmeli) involving disputes over custody or assets can take 1.5 to 3 years. Our strategy focuses on aggressive negotiation to speed up this process.

Can I claim Alimony or Compensation (Damages)?

Yes, but it depends on 'Fault'. 'Poverty Alimony' can be awarded to the spouse facing financial hardship if they are not more at fault. 'Child Support' is mandatory regardless of fault. Additionally, if you are the lesser at fault party, you can claim Material Damages (financial loss) and Moral Damages (emotional distress).

Will my Turkish divorce decree be recognized in my home country?

Not automatically. A decree from a Turkish Family Court is valid within Turkey. To make it binding in your home country (e.g., UK, USA, Germany), you must undergo a 'Recognition and Enforcement' process in that jurisdiction. Similarly, foreign divorces must be recognized in Turkey to be valid here.

Divorce Lawyer in Turkey | International Family Law & Asset Protection | Istanbul Attorneys

Q: How are assets and property divided? Do I lose half of everything?

Turkey applies the 'Participation in Acquired Property' regime by default. Assets acquired *during* the marriage are generally split 50/50. However, assets you owned *before* the marriage or acquired via inheritance/gift are considered 'Personal Property' and are NOT subject to division. Proving these distinctions requires detailed financial evidence.

Navigating the complexities of cross-border marriage dissolution. We provide strategic legal protection for your assets, custody rights, and future in Turkey.

Ending a marriage is one of life’s most challenging transitions, and facing this process in a foreign legal system adds a layer of profound complexity. Whether you are an expatriate living in Istanbul or a foreign citizen married to a Turkish national, the "standard" procedures often do not apply. At Istanbul Attorneys, we move beyond simple legal representation; we act as your strategic guardians. From determining the correct international jurisdiction (MÖHUK) to unravelling complex financial disputes and ensuring fair property division, our English-speaking team bridges the gap between Turkish Civil Code and global legal standards. We ensure that your voice is heard, and your interests are secured in Turkish Family Courts.

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High net worth couple in Istanbul luxury residence facing separation and contested divorce asset division disputes.

Turkish passport and wedding ring symbolizing marriage dissolution and divorce procedures

Divorce consultation in Istanbul office between couple and lawyer regarding contested divo

Remote legal representation for international divorce cases in Istanbul connecting global

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Comprehensive Divorce & Family Law Services in Turkey

Turkish Family Law is governed by the Turkish Civil Code (TMK), which sets distinct rules for how marriages are dissolved, how assets are divided, and how custody is awarded. For international couples, the process is further complicated by the Code on Private International Law (MÖHUK). At Istanbul Attorneys, we provide a full spectrum of legal services designed to protect your rights at every stage.

Grounds for Divorce: Contested vs. Consensual

In Turkey, divorce proceedings fall into two main categories. Understanding which path applies to your situation is the first step in our legal roadmap.

Consensual Divorce (Anlaşmalı Boşanma): This is the fastest route. If the marriage has lasted at least one year and both parties agree on all terms (custody, alimony, compensation), a divorce can be finalized in a single hearing. We draft "Iron-Clad" Divorce Protocols to prevent future disputes.
Contested Divorce (Çekişmeli Boşanma): If parties cannot agree, or if the marriage is less than a year old, we file a contested lawsuit. Grounds include adultery, unreasonable behavior, desertion, or "severe incompatibility" (Irretrievable breakdown of the marriage).

Matrimonial Property Division: Protecting Your Assets

Turkey operates under the "Participation in Acquired Property" regime. This generally means assets acquired during the marriage are shared 50/50. However, this is not absolute. Crucial distinctions exist between "Personal Property" (inherited assets, gifts) and "Acquired Property."

Navigating these distinctions requires forensic accounting and strategic proof. For a detailed breakdown of how courts calculate shares, we recommend reviewing our guide on Property Division in Divorce in Turkey: Your Rights Before and After. Furthermore, specific scenarios—such as real estate purchased with a down payment before the wedding but paid off during the marriage—create complex ownership questions. We clarify these nuances in our analysis of assets Bought Before Marriage, Paid During Marriage: Who Owns What?.

High-Net-Worth Divorces & Complex Financial Dispute

For business owners, investors, and expatriates with global portfolios, a standard divorce approach is insufficient. Hidden assets, undervalued company shares, and overseas bank accounts often complicate the settlement.

Our team specializes in managing Advanced Financial Disputes in Turkish Divorce Cases, where standard asset division rules collide with complex corporate structures. We work with financial experts to ensure:

Accurate valuation of business interests and stocks.
Tracing of concealed assets transferred to third parties (Fraudulent transfer).
Protection of your pre-marital wealth from unjust claims.

Child Custody and International Considerations

Turkish courts prioritize the "Best Interest of the Child" above all else. Custody is rarely split; typically, sole custody is awarded to one parent while the other gets visitation rights. For international families, the risk of Child Abduction or unauthorized relocation is a critical concern. We act swiftly to obtain travel bans or enforce the Hague Convention on the Civil Aspects of International Child Abduction when necessary.

If you are facing a legal crisis regarding your marriage or assets, do not wait for the situation to escalate. Contact Us for a Private Consultation to define your legal strategy today.

Built on Strategy: The 4 Pillars of Our Family Law Practice

Divorce involving international elements is not just a legal procedure; it is a multi-dimensional strategy game. We build your case on four non-negotiable pillars to ensure the best possible outcome for your future.

Forensic asset tracing on bank statements finding hidden wealth in high net worth divorce

1. Cross-Border Jurisdiction Analysis

Before filing a single document, we analyze the conflict of laws. Determining whether Turkish Courts or your home country's courts have jurisdiction (competence) is the most critical decision. We utilize the Turkish Code on Private International Law (MÖHUK) to anchor your case in the jurisdiction that offers you the most favorable legal position regarding asset division and alimony.

2. Forensic Asset Tracing & Valuation

In high-net-worth divorces, one party often attempts to conceal wealth. We don't rely on declared income. We work with forensic accountants to trace hidden bank accounts, undervalued company shares, and real estate transferred to third parties. We ensure that the "Matrimonial Pot" represents the true value of the marriage assets, securing your fair share of the division.

Child custody and visitation rights representation in Turkish family court highlighting Ha

3. International Custody & Hague Convention Compliance

Protecting your relationship with your children is paramount. We specialize in complex custody battles involving different nationalities. Whether it is preventing unlawful relocation (child abduction) or establishing enforceable visitation rights across borders, we strictly adhere to the Hague Convention protocols to keep your children safe and your parental rights intact.

4. Aggressive Negotiation & Protocol Drafting

Court battles are costly and emotionally draining. Whenever possible, we aim for a Consensual Divorce. However, peace requires strength. We draft iron-clad Divorce Protocols that leave no room for ambiguity regarding future alimony, inflation adjustments, or property rights. We negotiate aggressively at the table so you don't have to gamble in the courtroom.

Uncertainty is the Biggest Risk in International Divorce.

Don't let complex jurisdiction rules jeopardize your assets or parental rights. Stop guessing and start planning with a legal strategy tailored to your specific case.

Get Your Divorce Roadmap

The Legal Framework: Governing Statutes for International Divorce in Turkey

Divorce proceedings in Turkey are strictly codified under civil law. For international couples, the legal landscape is dual-layered: it involves domestic family regulations and private international law rules regarding jurisdiction. We operate strictly within the following legal frameworks to ensure your case is compliant and enforceable.

Turkish Civil Code (TMK) No. 4721

This is the primary legislation governing family law in Turkey. Articles 161 through 166 define the specific grounds for divorce, including adultery, desertion, and irretrievable breakdown of the marriage. It also regulates the "Participation in Acquired Property" regime, which dictates how matrimonial assets are divided.

Official Reference: You can review the full text of the Civil Code on the mevzuat.gov.tr: Presidency of the Republic of Turkey - Legislation Information System.

Code on Private International Law and Procedural Law (MÖHUK) No. 5718

For foreign citizens, MÖHUK is the most critical statute. It determines "Competence" (which country's court can hear the case) and "Applicable Law" (which country's laws will be applied). Specifically, Article 14 states that the grounds for divorce are governed by the common national law of the spouses. If they have different nationalities, the law of their common habitual residence applies.

Legal Source: Access the official text of Law No. 5718 here: mevzuat.gov.tr: MÖHUK Legislation.

The Hague Convention on Civil Aspects of International Child Abduction

Turkey is a signatory to the Hague Convention. This international treaty creates a mechanism for the prompt return of children who have been wrongfully removed from their country of habitual residence. In custody disputes involving international relocation, we invoke this convention to protect parental rights across borders. [LI] International Treaty: View Turkey's status and details on the

hcch.net: Hague Conference on Private International Law.

Why International Clients Trust Istanbul Attorneys with Their Family Matters

Divorce is one of the most personal legal challenges you will face. You don't just need a lawyer; you need a strategic partner who understands the nuances of cross-border separation. Here is why expatriates and foreign investors choose us to represent them in Turkish Family Courts.

100% English Fluency – No Translators

In family law, a single misunderstood word can change custody rights or asset division. Unlike traditional firms, we do not use translators. Our lawyers negotiate, draft protocols, and litigate in fluent English, ensuring your voice is heard clearly and your intentions are never "lost in translation.

Cross-Border Strategy

A local divorce lawyer may not understand the international implications of your case. We do. We consider how a Turkish verdict affects your status in your home country, addressing complex issues like Hague Convention compliance and enforcement of foreign judgments from day one.

Aggressive Asset Protection

We approach divorce with a commercial mindset. Whether it is a hidden offshore account, a company valuation dispute, or real estate bought before marriage, we treat your divorce as a financial transaction that must be secured. We fight to protect your hard-earned wealth from unfair division.

Led by Partners: Your Strategic Advocates in Family Court

Complex international divorces require more than just knowledge of the Civil Code; they demand a litigator’s grit and a financial advisor’s precision. Our Family Law practice is personally overseen by our founding partners, ensuring that your case receives high-level strategic attention regarding both custody battles and high-value asset division.

Att. Oruç AYGÜN

Head of Dispute Resolution & Family Litigation

As a seasoned litigator, Mr. Aygün leads the firm’s contentious divorce practice. He specializes in high-conflict separation cases, representing foreign clients in Turkish Family Courts. His expertise covers cross-border child custody disputes, enforcement of the Hague Convention on Child Abduction, and securing immediate alimony and protection orders for vulnerable spouses. He ensures that your rights are aggressively defended in the courtroom.

Att. Onur Çalışıcı High Net Worth Divorce Attorney Turkey Asset Division

Att. Onur ÇALIŞICI

Head of Private Client & Matrimonial Assets

Divorce is as much a financial dissolution as it is an emotional one. Leveraging his strong background in corporate law and finance, Mr. Çalışıcı manages the "Matrimonial Property Division" aspect of divorce cases. He acts as a strategic advisor for high-net-worth individuals, focusing on the valuation of company shares during divorce, tracing hidden assets, and negotiating complex compensation settlements (Material & Moral Damages) to secure your financial future.

FAQ: Divorce for Foreigners in Turkey

Yes. Under the Turkish Code on Private International Law (MÖHUK), Turkish courts have jurisdiction to hear your divorce case if your "habitual residence" is in Turkey. You do not need to travel back to your home country. However, the court may apply Turkish Law OR your own national law depending on specific circumstances. We analyze your unique situation to determine the most favorable legal path.

Not necessarily, but it depends on the type of divorce.

For Contested Divorce: You generally do not need to attend every hearing if you grant us a special Power of Attorney (PoA) for divorce. We can represent you in your absence.

For Consensual Divorce: Turkish judges typically require both parties to be present at the final hearing to personally confirm their free will regarding the divorce protocol. However, in exceptional cases, we can petition for remote testimony via video link, though this is at the judge's discretion.

The timeline varies drastically based on cooperation:

Consensual Divorce (Anlaşmalı): If both parties agree on all terms, the process is very fast. It can be finalized in 1 to 3 months, usually in a single court hearing.

Contested Divorce (Çekişmeli): If there is a dispute over custody or assets, the case can take 1.5 to 3 years (or more with appeals). Our strategy focuses on aggressive negotiation to convert contested cases into consensual ones to save you time.

Turkey applies the "Participation in Acquired Property" regime by default. This means assets acquired during the marriage (Acquired Property) are generally split 50/50. However, assets you owned before the marriage or acquired via inheritance/gift are considered "Personal Property" and are NOT subject to division. Proving which asset belongs to which category requires detailed financial evidence, which is a core part of our service.

Yes, but it depends heavily on "Fault." Unlike some Western jurisdictions, Turkish Family Law places significant importance on which party caused the divorce. [LI] Alimony (Nafaka): "Poverty Alimony" can be awarded to the spouse who falls into financial hardship due to the divorce, provided they are not more at fault than the other party. "Child Support" is always mandatory for the non-custodial parent, regardless of fault. [LI] Compensation (Tazminat): If you are the "lesser at fault" party, you can claim Material Damages (for financial losses) and Moral Damages (for emotional distress caused by events like adultery or violence). We fight to maximize these claims based on the evidence.

Not automatically. A divorce decree issued by a Turkish Family Court is valid within Turkey. To make it legally binding in your home country (e.g., UK, USA, Germany), you typically need to undergo a separate administrative or legal process known as "Recognition and Enforcement" in that country. Similarly, if you divorce abroad, you must file a "Recognition Lawsuit" (Tanıma ve Tenfiz) in Turkey for it to be valid here. As Istanbul Attorneys, we guide you through this cross-border validation process to ensure you are legally divorced in both jurisdictions.

Trusted by International Families in Complex Transitions

Sarah J. 🇬🇧 (United Kingdom)

I was terrified that the Turkish courts would favor my husband because I am a foreigner. Mr. Aygün explained the law clearly and fought aggressively for my custodial rights. Thanks to his team, I have my children and a fair visitation schedule. Truly professional.

Anonymous Investor 🇺🇸 (USA)

My divorce was complicated involving company shares and real estate acquired before marriage. The other side tried to hide significant capital. Att. Onur’s financial team traced everything and ensured I received a fair settlement. High-level strategic advice.

L. Tan 🇸🇬 (Singapore)

Living in Singapore while divorcing in Turkey seemed impossible. I was worried about the distance and the legal complexity. The team handled the entire process remotely via Power of Attorney. Their English is flawless and they were always available despite the time difference. A truly global standard service.