Av. Ayşe Öncül

Family Law

Family law is the most comprehensive section of civil law. It consists of three parts including marriage, kinship and guardianship. The marriages, divorce, general provisions of marriage and property regimes between spouses have been regulated in the section of marriage law. There are the establishment of the kinship and the family divisions in the part of the kinship. In the last part of tutelage, order of the tutelage, execution and termination take place.

Öncül Law Firm provides service by giving great care and attention to the confidentiality of private life to its clients in the settlement of disputes arising from the family law through litigation and in the arrangement of protocols between the parties on the subjects such as marriage, engagement, divorce, alimony obligations, custody, property regimes, kinship, paternity establishment, adoption child both between Turkish citizens and between Turkish citizens and foreigners.


Family Law Matters

The family law matters include the disputes regarding the rules set for the establishment and dissolution of the union between spouses in its most general terms. These topics can be listed as follows:
  • Requests for Protection of the Family and Prevention of Violence against Women
  • Engagement
  • Litigation for Material and Moral Compensation Due to the Disruption of the Engagement
  • Lawsuit Regarding the Request for the Return of Gifts Due to the Dissolution of the Engagement
  • Timeout in Lawsuits Regarding Breaking of Engagement
  • Getting married
  • Lawsuit for Permission to Marry
  • Lawsuit for Abolition of the Waiting Period 
  • Lawsuits Regarding False Marriages
  • Lawsuit for Annulment of Marriage Due to Absolute Nudity 
  • Lawsuit for Annulment of Marriage Due to Relative Nullification. 
  • Divorce Lawsuits
  • Lawsuit of Request for Establishing Personal Relationship with the Child
  • Lawsuit Regarding Pedigree 
  • Child Property Protection Lawsuit.
    Family Law Lawsuits
  • Divorce Lawsuits
  • Uncontested Divorce Lawsuits
  • Contested Divorce Lawsuits
  • Çekişmeli Boşanma Davaları
  • Pedigree Lawsuits
  • Alimony Lawsuits
  • Separation Lawsuit
  • Property Sharing Lawsuit
  • Asset Liquidation after Divorcement 
  • Legal Remedy against the Violation of Custody and Alimony Provisions
  • Protection of the Family and Taking a Precautionary Decision in the Case of Domestic Violence
  • Family Housing Annotation Lawsuit
  • Settlement of Adoption Disputes
  • Counseling Service on Asset Contracts between the Parties to be Married
  • Resolving Disputes Resulting from the End of Engagement
  • Restriction of Saving Power of Any of the Spouses
  • Paternity Lawsuit
  • Lawsuit for Change and Removal of Custody
  • Recognition and Enforcement
  • Resolution of All Other Disputes in Family Courts.
What is Family Law?

The answer to the question of what is family law is the branch of law that deals with the disputes that arise in the relations established regarding family life in its simplest form. The flow of social life in an orderly manner requires the existence of a set of rules that these people will abide by in their relations with each other and directly with the society. In this way, the various relations (social relations) that develop in the social life are brought into order, because all these rules (social rules) contain some orders and prohibitions about how our behavior in social life will be, in other words, they tell us what to do and what to avoid. The social rules appear before us as religious rules, moral rules, etiquette rules and legal rules. The reaction that people face when they do not comply with the rules regulating social life is called sanction. “Law is a set of financially sanctioned rules that regulate the behavior and social relations of individuals, obligatory to be complied with by the state”. The rules regulating the social life are especially important in terms of being a resource to which the judge can apply if there is no applicable provision. On the other hand, the family law is the branch of law that deals with the disputes experienced while applying social rules within the family institution.

Frequently Asked Questions

According to the first paragraph of Article 2 of the Law on the Establishment, Duties and Trial Procedures of Family Courts, “the family courts are established with a single judge and at the level of the court of first instance in every province and in every district with a population of over one hundred thousand, by receiving the positive opinion of the High Council of Judges and Prosecutors by the Ministry of Justice. However, the judicial district can be changed by the High Council of Judges and Prosecutors upon the proposal of the Ministry of Justice”. According to this, it is envisaged that the family courts will be established only in the provincial centers and districts with a population of over one hundred thousand. The family courts can also be established in the provinces with a central population of less than a hundred thousand. However, in order to have family courts in districts, the population of the center is required to be above one hundred thousand. Since the districts within the boundaries of the metropolitan municipality are within the boundaries of that province, even if the center population exceeds one hundred thousand, it is not necessary to establish a separate family court in those districts. If there are not sufficient conditions for the establishment of a family court, the lawsuits that are required to be heard in the family court will be heard by the civil courts of first instance "as family court". The family courts are single-judge courts and the written trial procedure has been adopted as the trial procedure. The family court attorney is the name given to the attorneys who represent you in these courts.

The divorce lawsuits have been regulated in the Civil Law. A divorce lawsuit can be filed based on two main reasons including the specific reasons for divorce (abandonment, mental illness, adultery, etc.) and the general divorce reason (shaking the marital union from its foundation). In the divorce lawsuits, the competent court is the place of residence of one of the spouses or the court of the place where they have lived together for the last six months before the lawsuit. The application fee and fixed fee are charged in the divorce lawsuits, but the alimony and compensation lawsuits filed separately from the divorce lawsuits are subject to the proportional charges. It is not correct to file a lawsuit with only one of the specific reasons for divorce. Because, if it is proven during the lawsuit that the special reason stated in the lawsuit petition has not occurred (mental illness is not at a level that requires divorce, the spouse is right to leave the house, etc.), the lawsuit is condemned to be rejected. While filing a divorce lawsuit, a lawsuit can be filed based on two reasons. Because all of the special reasons for divorce are the reasons that can cause the marriage to be shaken from its foundation. All of these reasons can also be relied on in the lawsuit filed for general divorce. Regardless of the reason for the divorce lawsuit, if there is a spouse and child in this lawsuit, the plaintiff can demand custody and temporary alimony, in addition to the financial and moral compensation for himself/herself. 

The family law lawyer is a lawyer who represents you in the family court lawsuits on the issues such as divorce, custody, alimony, and has a command of the Turkish Civil Law. Your family law attorney does not need to be in the province/district where you are or where your case will be heard. Öncül Hukuk ve Danışmanlık can resolve the disputes arising from the family law in various parts of Turkey, in contact with the law offices located in Istanbul, Izmir, Adana, Antalya, Bursa and Diyarbakir, which are the major cities of Turkey. Likewise, it can conduct lawsuits all over Turkey. It is able to provide high-level legal consultancy services to its clients with its experienced and diverse staff who closely monitor both the developments in the field of law and the changes in legislation. Kadim Hukuk Bürosu carries out many cases in the field of family law such as divorce, power of attorney, alimony. In your search for a family law lawyer, it will be beneficial to act by considering these features.

The family law is a concept associated with divorce. In the family law, the most common disputes and lawsuits are divorce lawsuits. The family law attorneys often introduce themselves as divorce attorneys. The family law is considered separately from the divorce lawsuits.  When considering the place occupied by divorce in the family law, it is striking that the largest area consists of lawsuits and claims regarding the divorce and alimony and property division filed as ancillary. For this reason, the family law is a branch of law consisting of interconnected works.

The Turkish Civil Law numbered 4721 is the law that consists of five books, including the law of persons, family law, law of inheritance, law of property and law of obligations, and a total of 1030 articles and makes regulations on these issues. The Civil Law Family Law is the second book and includes the articles taking place in the 118th to 494th pages. As we mentioned before, these articles deal with the issues such as engagement, marriage, and division of property within the marriage union, alimony and adoption.

The Civil Law is one of the basic laws that include the regulations in the field of family law, as well as the laws of persons, property, inheritance and obligations in other books. The civil law contains the provisions regarding the protection of the family and the property acquired in the family union, and it is the law that includes the rules to be followed in case this union is terminated.
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