Family Law

In our work in this field, the provisions of the relevant legislation, and in particular the Turkish Civil Code No. 4721, together with current judicial practice, are taken into consideration. In family law proceedings, a careful assessment is conducted by considering not only the legal interests of the parties but also, where applicable, the best interests of the child and the personal effects of the process on the parties.

Within the scope of family law, the conduct of uncontested and contested divorce proceedings is among our services. In uncontested divorce proceedings, the matters on which the parties have reached agreement with respect to divorce, custody, personal relationship (visitation/contact), alimony/maintenance, compensation, division of property, and other financial consequences are reduced to a settlement protocol. It is important that the settlement protocol be drafted in a clear and enforceable manner that will not give rise to future disputes.

In contested divorce cases, the ground for divorce, the parties' claims and defenses, the state of the evidence, and the legal consequences that may be sought must be assessed according to the particular circumstances of the concrete case. Within this scope, claims relating to divorce, pecuniary compensation, non-pecuniary compensation, alimony/maintenance, custody, personal relationship (visitation/contact), and the family residence may be addressed together.

In matters such as custody, the establishment of a personal relationship (visitation/contact) with the child, and child-support maintenance, the best interests of the child constitute the fundamental criterion of assessment. The legal process is conducted by taking into account the child's age, needs, educational situation, the living conditions of the parties, and the parents' relationship with the child.

Claims for interim maintenance, poverty alimony, and child-support maintenance are also among the matters frequently assessed within the scope of family law. In maintenance claims, the economic and social circumstances of the parties, their income levels, their needs, and the scope of the concrete case file are examined together.

Matrimonial property regime cases concerning the liquidation of property acquired during the marriage, as well as disputes relating to the participation receivable, the value-increase share receivable, the contribution share receivable, and the family residence, are also within our field of practice.

Among the most frequently encountered disputes in family law are divorce, the determination of custody, the arrangement of a personal relationship (visitation/contact) with the child, the determination of the amount of alimony/maintenance, and claims for pecuniary and non-pecuniary compensation.

In divorce cases, the assessment of the parties' fault, the proof of the facts asserted, witness statements, correspondence, investigations into social and economic circumstances, and other evidence are of importance. In each case file, the ground for divorce, the parties' conduct within the marital union, and the legal nature of the alleged events are assessed separately.

In matters of custody and personal relationship (visitation/contact), priority is given to preserving the child's stability, enabling the child to establish a healthy relationship with the parents, and meeting the child's physical, emotional, and educational needs. Where deemed necessary by the court, social investigation reports may also be influential in the assessment of the process.

In cases for the liquidation of the matrimonial property regime, the asset values acquired during the marriage, the contributions of the parties, real-estate and vehicle records, bank accounts, loan repayments, and asset movements are examined. Claims such as the participation receivable and the value-increase share often require detailed calculation and examination by an expert witness.

Claims for the increase, reduction, or removal of alimony/maintenance may also arise depending on changing economic and social conditions. In such cases, the parties' current income situation, living conditions, and needs are assessed together.

The family law process begins, first of all, with the meeting held with the client, in which the family relationship, the dispute that has arisen, and the legal consequences sought are assessed. At this stage, the likelihood of settlement between the parties, the situation concerning the children, the financial claims, and the available evidence are addressed together.

In case files where there is a possibility of uncontested divorce, the matters on which the parties have agreed are reduced to a clear and enforceable settlement protocol. The aim is for the financial consequences of the divorce, alimony/maintenance, custody, personal relationship (visitation/contact), division of property, and other matters to be regulated in the settlement protocol in a manner that leaves no room for doubt.

In contested proceedings, the statement of claim or the statement of defense is prepared, the evidence is determined, and, where necessary, interim maintenance, temporary custody, measures relating to the family residence, and other protective claims are submitted to the court.

During the proceedings, hearings, witness statements, social investigation reports, expert reports, and the court's interim decisions are followed. In case files involving claims for the matrimonial property regime, alimony/maintenance, or compensation, the necessary calculations and assessments of evidence are also carried out separately.

In every family law case file, the aim is to conduct the process as diligently, proportionately, and lawfully as possible; to protect the client's rights while acting with sensitivity, particularly in matters concerning the children. The client is regularly informed about the stages of the process, the possible outcomes, and the legal avenues that may be pursued.