Family Law in Antalya | Comprehensive Family Legal Services

Family Law in Antalya - Comprehensive Legal Services

Family Law is the area of civil law that regulates relationships within the family environment. In Turkey, family law is codified in the Second Book of the Turkish Civil Code (Law No. 4721). As experienced family lawyers in Antalya, we provide comprehensive legal services for all aspects of family law matters.

Family law encompasses the most personal and emotionally challenging legal issues people face. From marriage to divorce, from child custody to inheritance, family law affects the fundamental relationships and rights of individuals. Having experienced legal representation ensures your rights are protected and your interests are properly represented.

Turkish Family Law Framework

Legal Basis

Family law in Turkey is primarily governed by:

  • Turkish Civil Code (Law No. 4721) - Second Book
  • Turkish Constitution - Articles 10, 20, and 41
  • International Conventions - UN Convention on the Rights of the Child, CEDAW

Constitutional Principles

Gender Equality (Article 10)

The 2011 constitutional amendment explicitly established gender equality:

"Men and women have equal rights. The State is obliged to ensure this equality in practice."

Family Institution (Article 41)

"The family is the foundation of Turkish society and is based on equality between spouses. The State takes necessary measures to ensure the peace and welfare of the family, especially the protection of the mother and children, and to teach and implement family planning."

Privacy of Family Life (Article 20)

Constitutional protection of family privacy ensures:

  • Protection of private and family life
  • Confidentiality of family matters
  • Limited state intervention

Core Principles of Turkish Family Law

Equality Between Spouses

Turkish family law is based on complete equality between husband and wife:

  • Equal rights in marriage
  • Equal decision-making authority
  • Equal property rights
  • Equal parental authority

Monogamy

Turkey recognizes only monogamous marriages:

  • One spouse at a time
  • Polygamy is prohibited
  • Previous marriage must be dissolved before remarriage

Civil Marriage Requirement

Religious marriages alone have no legal effect:

  • Marriage must be performed by authorized civil official
  • Religious ceremonies can follow civil marriage
  • Only civil marriage creates legal rights and obligations

Judicial Divorce

Divorce requires court decision:

  • No administrative or religious divorce
  • Court must determine grounds exist
  • Both contested and uncontested divorce available

Best Interests of the Child

In all matters affecting children:

  • Child's welfare is paramount
  • Child's opinion considered (age-appropriate)
  • Both parents have responsibilities
  • State protects children's rights

Family Law Services We Provide

Marriage Law

Marriage Requirements

  • Legal capacity (minimum age 18, or 17 with parental consent)
  • No existing marriage
  • No prohibited degree of relationship
  • Mental capacity
  • Voluntary consent

Marriage Procedures

  • Application to civil registry office
  • Document preparation
  • Witness requirements
  • Marriage ceremony
  • Registration

Marriage Contracts

  • Prenuptial agreements
  • Property regime selection
  • Financial arrangements
  • Rights and obligations

Divorce Law

Types of Divorce

Uncontested Divorce:

  • Both parties agree
  • Minimum 1 year marriage
  • Agreement on all issues
  • Faster and less expensive

Contested Divorce:

  • One party does not agree
  • Specific grounds required
  • Longer process
  • Court determines fault

Grounds for Divorce

Specific Grounds:

  • Adultery (Article 161)
  • Attempt on life, very bad or honor-damaging behavior (Article 162)
  • Crime and dishonorable life (Article 163)
  • Desertion (Article 164)
  • Mental illness (Article 165)

General Ground:

  • Breakdown of marriage union (Article 166)
  • When marriage becomes unbearable
  • Most commonly used ground

Divorce Process

  1. Filing petition
  2. Mediation (if required)
  3. Court hearings
  4. Evidence presentation
  5. Decision
  6. Finalization

Child Custody and Visitation

Custody Determination

Courts consider:

  • Child's Age: Young children often with mother
  • Child's Wishes: Children 12+ have input
  • Parental Fitness: Physical, mental, moral capacity
  • Living Conditions: Housing, stability, environment
  • Child's Needs: Educational, emotional, social
  • Parental Cooperation: Willingness to facilitate relationship

Types of Custody

Sole Custody:

  • One parent has primary custody
  • Other parent has visitation rights
  • Most common arrangement

Joint Custody:

  • Both parents share custody
  • Increasingly common
  • Requires parental cooperation

Visitation Rights

Standard visitation typically includes:

  • One weekend day per week
  • Half of religious and national holidays
  • One month during summer vacation
  • Special occasions (birthdays, etc.)

Alimony and Child Support

Spousal Alimony

Compensatory Alimony:

  • For economic sacrifices during marriage
  • Based on contributions to family
  • One-time or periodic payment

Poverty Alimony:

  • For spouse unable to support themselves
  • Based on need and ability to pay
  • Continues until remarriage or death

Child Support

Calculation Factors:

  • Child's needs (education, health, housing, clothing)
  • Parents' income and assets
  • Standard of living
  • Number of children

Payment:

  • Monthly payments
  • Directly to custodial parent
  • Enforceable through execution
  • Can be modified if circumstances change

Property Division

Property Regimes

Participation in Acquired Property (Default):

  • Property acquired during marriage shared equally
  • Personal property remains separate
  • Fair and equitable division

Separation of Property:

  • Each spouse owns their property
  • No sharing upon divorce
  • Must be chosen by agreement

Community of Property:

  • Rarely used
  • All property jointly owned
  • Equal shares

Paternity and Parentage

Establishing Paternity

  • Presumption of paternity in marriage
  • Voluntary acknowledgment
  • Court determination
  • DNA testing

Rights and Obligations

  • Parental authority
  • Custody rights
  • Support obligations
  • Inheritance rights

Adoption

Adoption Requirements

  • Minimum age 30 for adopter
  • At least 18 years older than adoptee
  • Married couples adopt jointly
  • Best interests of child

Adoption Process

  • Application to court
  • Social investigation
  • Home study
  • Trial period
  • Court approval

Effects of Adoption

  • Full parent-child relationship
  • Inheritance rights
  • Surname change
  • Termination of biological parent rights (usually)

Special Family Law Issues

Domestic Violence

Protection Measures

  • Restraining orders
  • Removal from home
  • No-contact orders
  • Police protection

Legal Remedies

  • Criminal prosecution
  • Compensation claims
  • Divorce grounds
  • Custody considerations

International Family Law

International Marriage

  • Recognition of foreign marriages
  • Documentation requirements
  • Apostille procedures

International Divorce

  • Jurisdiction issues
  • Recognition of foreign divorces
  • Enforcement of foreign orders

International Child Custody

  • Hague Convention cases
  • Cross-border custody disputes
  • Child abduction cases

Inheritance and Family Law

Inheritance Rights

  • Spouse's inheritance share
  • Children's inheritance rights
  • Reserved portions (saklı pay)
  • Disinheritance limitations

Estate Planning

  • Wills and testaments
  • Inheritance contracts
  • Family trusts
  • Asset protection

Family Court Procedures

Family Courts in Antalya

Antalya has 5 Family Courts handling:

  • Divorce cases
  • Custody disputes
  • Alimony matters
  • Marriage annulment
  • Paternity cases
  • Adoption proceedings

Court Process

Initial Filing

  • Petition preparation
  • Document submission
  • Fee payment
  • Case number assignment

Hearings

  • Multiple hearings typical
  • Evidence presentation
  • Witness testimony
  • Expert reports

Decision

  • Court deliberation
  • Written decision
  • Appeal period
  • Finalization

Evidence in Family Cases

Common evidence includes:

  • Documents (marriage certificate, financial records)
  • Witness testimony
  • Expert reports (psychological, financial)
  • Photos and videos
  • Messages and communications
  • Medical reports

Our Family Law Services

As experienced family lawyers in Antalya, we provide:

Divorce Services

  • Uncontested divorce
  • Contested divorce
  • Fault determination
  • Property division
  • Alimony claims

Custody Services

  • Custody determination
  • Custody modification
  • Visitation arrangements
  • Parental rights protection

Financial Services

  • Alimony calculation
  • Child support determination
  • Property division
  • Financial discovery

Protective Services

  • Domestic violence protection
  • Restraining orders
  • Emergency custody
  • Child protection

International Services

  • International divorce
  • Cross-border custody
  • Foreign marriage recognition
  • Hague Convention cases

Why Choose Our Family Law Services?

Experience

  • Years of family law practice
  • Extensive case experience
  • Deep knowledge of family courts
  • Proven professional approach

Compassionate Approach

  • Understanding of emotional aspects
  • Supportive throughout process
  • Clear communication
  • Confidential service

Strategic Representation

  • Customized legal strategies
  • Aggressive when necessary
  • Settlement-oriented when appropriate
  • Protection of your interests

Comprehensive Service

  • All aspects of family law
  • Coordination with experts
  • Post-judgment support
  • Long-term planning

Contact Our Family Law Office

For expert family law services in Antalya, contact our experienced family lawyers.

Phone: +90 242 966 65 45
Email: [email protected]
Address: Meltem Mh. 3808 Sk. No:2E, Onur Sitesi A7 Blok, Kat:1 Daire:2, Muratpaşa / Antalya

Working Hours:
Monday - Friday: 08:00 - 17:00
Saturday: By Appointment

Whether you're facing divorce, custody issues, or any other family law matter, our experienced lawyers are here to provide professional, compassionate legal representation. Contact us today for a confidential consultation.

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Last Updated: December 1, 2025

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