30 Years and Over Marriage and Divorce in Turkish Law

A 30-year marriage signifies a long history together, more shared memories, material and emotional accumulations, and possibly children. This can make the divorce process more complicated and pose more legal, emotional, and financial challenges.

Legally, there is no difference between a divorce after any marriage lasting one year or more and a divorce after 30 years of marriage. However, since a 30-year marriage likely took place before 2002, there are some differences regarding asset division.

In this article, we will examine the legal aspects of divorce after a 30-year marriage, provide general information about the divorce process, and discuss how asset division is handled in marriages that took place before 2002.

What is Divorce?

Divorce is the legal termination of a marriage. According to the Turkish Civil Code, divorce occurs through a lawsuit filed by one of the spouses and a court decision. A divorce lawsuit can only be filed if one of the reasons specified in the law exists.

Conditions for Filing a Divorce Lawsuit

There are some basic conditions to file a divorce lawsuit. These conditions are as follows:

1. Both Spouses Must Be Alive: Both spouses must be alive to file a divorce lawsuit. A divorce lawsuit cannot be filed for a deceased spouse.

2. Valid Marriage: There must be a valid marriage to file a divorce lawsuit. The marriage must have been established through official matrimony.

3. Authority to File a Lawsuit: A divorce lawsuit can be filed by one of the spouses. Both spouses can file the lawsuit together.

4. Reason for Divorce: There must be one of the divorce reasons specified in the law to file a divorce lawsuit. The reasons for divorce are regulated in Articles 161 and 166 of the Turkish Civil Code No. 4721. These reasons include:

Adultery: If one of the spouses commits adultery, it is a sufficient reason for divorce.

Attempt on Life, Severe or Humiliating Behavior: If one spouse attempts on the life of the other, engages in severe or humiliating behavior, it may be a reason for divorce.

Disgraceful Crime and Dishonorable Life: If one of the spouses commits a disgraceful crime or leads a dishonorable life, it may be a reason for divorce.

Desertion: If one spouse deserts the other and does not return for at least six months, it may be a reason for divorce.

Mental Illness: If one of the spouses suffers from a mental illness and this illness makes the continuation of the marriage unbearable or it is incurable, it may be a reason for divorce.

Breakdown of the Marriage Union: The most common reason for divorce is the breakdown of the marriage union, making it unbearable to continue. This can arise from various reasons such as disagreements, lack of communication, violence, adultery, financial problems, etc.

Separation Due to Living Apart: If the spouses have been living apart for at least two years and have shown no intention of reconciliation during this period, a divorce lawsuit can be filed due to separation.

Types of Divorce

Divorce lawsuits are divided into two:

Uncontested Divorce: This is filed when the spouses agree on the divorce and the financial consequences of the divorce.

Contested Divorce: This is filed when the spouses do not agree on the divorce or its financial consequences.

30-Year Marriage and Uncontested Divorce

How to File an Uncontested Divorce Lawsuit

An uncontested divorce lawsuit is a type of case filed when the marriage has lasted for at least one year, and the spouses have agreed on the divorce. In this lawsuit, the spouses submit a “uncontested divorce protocol” they prepared in advance, which regulates all their rights and obligations, to the court.

Stages of an Uncontested Divorce Lawsuit for a 30-Year Marriage

1. Preparation of the Uncontested Divorce Protocol

The spouses need to prepare a protocol that includes their agreements on divorce, asset division, alimony, custody, and other matters. The protocol should be clear, understandable, and regulate the rights and obligations of both parties equally. The articles in the protocol should not be contrary to the law. The protocol can be prepared by the parties’ lawyers or a common lawyer.

2. Preparation of Necessary Documents

The necessary documents for filing an uncontested divorce lawsuit are:

ID cards and family registries
Marriage certificate
Powers of attorney of the parties, if any
Uncontested divorce protocol
Receipt of lawsuit fee and expenses

3. Filing the Lawsuit

One or both spouses can apply to the competent Family Court and file an uncontested divorce lawsuit. The lawsuit petition should include the identification information of the parties, the date and duration of the marriage, the reason for the divorce, and information related to the uncontested divorce protocol.

4. Hearing Before the Judge

After the lawsuit is filed, the judge listens to both parties separately and examines the content of the protocol. The judge evaluates whether the protocol is in accordance with the law and the parties’ will. If there is no issue, the judge approves the protocol and decides on the divorce.

5. Divorce Decision

The judge decides on the divorce after approving the uncontested divorce protocol. After the divorce decision becomes final, the divorce annotation is added to the ID cards and family registries.

Points to Consider in an Uncontested Divorce Lawsuit for a 30-Year Marriage

The uncontested divorce protocol is the most important element of the divorce lawsuit. Therefore, it is essential that the protocol is carefully prepared and regulates the rights and obligations of both parties equally. An uncontested divorce lawsuit results faster and easier compared to a contested divorce lawsuit.

30-Year Marriage and Contested Divorce

A contested divorce lawsuit is filed when the spouses cannot agree. In this case, evidence is collected and evaluated by the court for each issue in dispute. The court makes a decision on all issues in dispute.

How Does the Process Work in Contested Divorce Lawsuits?

Contested divorce lawsuits are cases where the parties do not agree and present their demands to the court. In these lawsuits, both parties try to protect their rights by presenting evidence and defending their claims.

Stages of the Lawsuit

Filing the Lawsuit: The divorce lawsuit is filed in the competent Family Court. The petition should state the reason for the divorce and any other requests (alimony, custody, compensation, etc.), if any.

Response: The petition is served to the defendant, and a response is requested. The defendant presents their defense against the statements in the petition and, if any, their own demands.

Submission of Evidence: The parties present their evidence to support the lawsuit. This evidence can include witness statements, expert reports, documents, audio and video recordings, etc.

Hearings: If deemed necessary by the court, the parties and witnesses are heard.

Decision: The court evaluates all the evidence and statements of the parties and makes a decision. The decision includes the judgment on the divorce and, if any, regulations on alimony, custody, and compensation.

Points to Consider in Contested Divorce Lawsuits

It is beneficial for the parties to try to reach an agreement to avoid prolonging the lawsuit and incurring unnecessary expenses. Collecting and presenting evidence carefully can affect the course of the lawsuit. It is possible to appeal the court decision. However, there must be valid and justified reasons for the appeal. Contested divorce lawsuits can be long and stressful. Therefore, seeking legal assistance from a lawyer can ease the process.

What is Joint Custody?

Joint custody is a form of custody where both parents continue to share custody of the child after divorce. In this system, parents make joint decisions and share responsibilities regarding the child’s upbringing, education, health, and other important matters.

How is a Joint Custody Decision Made?

A joint custody decision can be made in both uncontested and contested divorce lawsuits.

In Uncontested Divorce Lawsuits: Parents can determine all divorce terms, including custody, in a protocol. After this protocol is approved by the court, a joint custody decision is made.

In Contested Divorce Lawsuits: If parents cannot agree on custody, the court decides whether to grant joint custody. The court makes this decision by considering the best interest of the child.

Is Joint Custody Always Possible?

Joint custody is not always possible. It may not be suitable in the following situations:

There is a history of violence or abuse between the parents.
There is no possibility of communication and cooperation between the parents.
The best interest of the child cannot be protected with joint custody.

Asset Division (Property Regime) in Divorce After a 30-Year Marriage

Asset division in divorce is the process of determining how the assets acquired during the marriage will be divided between the spouses. The legal property regime in the Turkish Civil Code is the regime of participation in acquired property. According to this regime, assets acquired by both spouses during the marriage are considered “acquired property” and in case of divorce, both spouses have rights over these assets.

Claim for Participation in Acquired Property

If one spouse has contributed to the acquired property during the marriage, they can claim participation in the acquired property from the other spouse. This claim constitutes half of the value of the acquired property during the marriage.

Asset Division Lawsuit

A lawsuit needs to be filed to calculate the claim for participation in the acquired property and to divide the assets. This lawsuit can be filed after the divorce lawsuit is finalized. When filing the lawsuit, the list of acquired property and the value of each item should be specified.

How is Asset Division Carried Out?

The court carries out the asset division by considering the financial situations of the spouses, their contributions to the marriage union, and other criteria. The court appraises the acquired property in monetary terms and orders the spouses to pay their shares.

Asset Division in Divorce After a 30-Year Marriage

For couples married before 2002, asset division was carried out according to the regime of separation of property under the old Civil Code No. 743. In this regime, all assets acquired before and during the marriage were considered personal property of the spouses. In case of divorce or the death of one of the spouses, personal property could not be shared, only debts and receivables acquired were liquidated.

However, with the enactment of the Turkish Civil Code No. 4721 in 2002, the legal property regime was changed to the regime of participation in acquired property. In this regime, half of the assets acquired jointly during the marriage union is shared with the other spouse in case of divorce or death of one of the spouses. Personal property is not included in this sharing.

How is Asset Division Carried Out for Those Married Before 30 Years?

For couples married before 2002 and who did not make a property regime contract within one year from 2002, the regime of participation in acquired property applies. However, the provisions of the separation of property regime are valid for the part of the marriage before 2002. In this case, assets acquired before 2002 are considered personal property and are not shared.

Asset Division for Those Married Before 30 Years

For couples married before 2002, asset division was carried out according to the regime of separation of property under the old Civil Code No. 743. In this regime, all assets acquired before and during the marriage were considered personal property of the spouses. In case of divorce or the death of one of the spouses, personal property could not be shared, only debts and receivables acquired were liquidated.

However, with the enactment of the Turkish Civil Code No. 4721 in 2002, the legal property regime was changed to the regime of participation in acquired property. In this regime, half of the assets acquired jointly during the marriage union is shared with the other spouse in case of divorce or death of one of the spouses. Personal property is not included in this sharing.

Can Those Married 30 Years Ago Change Their Property Regime?

Yes, couples married before 2002 can change their property regime by making a marriage contract. For the contract to be valid, it must be certified by a notary.

Alimony

Alimony is a monthly payment made by one spouse to the other who is unable to support themselves after the divorce. Alimony is divided into two types: maintenance alimony and child support:

Maintenance Alimony: The spouse who cannot support themselves after the divorce can claim maintenance alimony from the other spouse. The amount of maintenance alimony is determined by the court considering the financial situations of the spouses, the duration of the marriage union, and the contributions made during the marriage.

Child Support: Child support is paid to the parent who does not have custody to cover the expenses of the minor child. The amount of child support is determined by the court considering the age of the child, health condition, education expenses, and other needs.

How to File an Alimony Lawsuit

An alimony lawsuit is filed in the competent Family Court. The petition should include the financial situation of the spouse claiming alimony, the financial situation of the other spouse, the needs of any minor children, and the amount of alimony requested. The petition should also include documents proving the financial situation (salary slips, bank transfer records, etc.).

Death of One of the Spouses During the Divorce Lawsuit

If one of the spouses dies during the divorce lawsuit before the decision becomes final, the heirs of the deceased spouse can continue the lawsuit. However, this is only possible for contested divorces. It is not possible for the heirs to continue the divorce lawsuit in uncontested divorces.

For more help or consultation on a 30-year marriage and divorce, you can contact us.