Divorce and Property Division: Legal Processes and Rights in Turkey

Divorce in Turkiye involves a series of legal procedures that regulate the dissolution of a marriage and the subsequent division of property between the parties. Turkish family law, particularly the Turkish Civil Code, establishes the legal framework for divorce, the division of marital assets, and the protection of individual rights. This guide explores the essential legal processes involved in divorce and the property division mechanisms, with a focus on the rights of the individuals involved.

Under the Turkish Civil Code, there are two primary categories of divorce:

1. Contested Divorce (Çekişmeli Boşanma): Occurs when one party does not consent to the divorce or when there are disagreements regarding property division, child custody, or alimony.
2. Uncontested Divorce (Anlaşmalı Boşanma): Occurs when both parties mutually agree to divorce and can settle all relevant issues through a divorce agreement.

The division of property after divorce depends on the marital property regime chosen by the couple. In the absence of a prenuptial agreement, Turkish law applies the default regime of participation in acquired property (Edinilmiş Mallara Katılma Rejimi). Under this regime, assets acquired during the marriage are considered jointly owned and are subject to equal division upon divorce. However, certain personal assets, such as inheritances or gifts, remain the individual property of the spouse who received them.

• Acquired Property: Includes assets acquired by either spouse during the marriage through work, business activities, or investments. These assets are subject to equal division between the spouses.
• Personal Property: Includes assets that are considered personal to one spouse, such as pre-marital property, inheritances, or personal gifts.

1. Asset Identification: Each spouse must declare their acquired and personal property.
2. Valuation of Assets: An expert may be appointed to assess the value of shared assets.
3. Equal Division: Acquired property is divided equally between the spouses, unless there are valid reasons to adjust this ratio, such as a prenuptial agreement.

Both spouses have the legal right to:

• An equal share of the marital assets acquired during the marriage.
• Retain personal property, including inheritances and pre-marital assets.
• File claims for alimony and child custody as part of the divorce proceedings.

If the parties cannot agree on the division of assets, the family court will intervene and determine the appropriate distribution based on evidence and expert reports. In cases of contested divorce, the court may take into account factors such as the contribution of each spouse to the acquisition of property.

Divorce and property division in Turkiye involve complex legal processes that ensure fairness and protection of individual rights. Understanding the marital property regime and the legal steps involved in dividing assets can help individuals navigate this challenging process with confidence. It is highly recommended to seek legal assistance to safeguard one’s rights during the divorce and property division procedures.