What is Family Law? A Legal Perspective on the Basic Structure of Society
Family Law is the branch of law that regulates the relations of individuals that directly concern their private lives such as marriage, divorce, custody, alimony, property division. As the smallest unit of society, it is vital for both the individual and society to carry out the healthy establishment, continuation and termination of the family within the legal framework.
Family Law, the second book of the Turkish Civil Code, covers both the rights and obligations between married couples and the protection of children. Since disputes in this area are usually emotionally intense processes, they are cases that require both legal knowledge and sensitivity.
Marriage and Conditions of Marriage
According to Family Law, marriage is a union established by a man and a woman through a civil marriage. This union brings with it mutual rights and obligations. The marriage contract is considered not only as a social but also as a legal contract.
The legal age of marriage in Turkey is 18 for both men and women. However, 17-year-olds can marry with parental permission and 16-year-olds can marry with a judge’s decision. Religious marriages without a civil marriage are not considered legally valid and weaken the rights of the parties.
With marriage, the spouses enter into a property regime, a common life obligation, and a duty of loyalty and solidarity. These obligations also have important consequences in the event of the dissolution of the marriage.
Divorce Process and Reasons for Divorce
If the marriage cannot be maintained for various reasons, the spouses can terminate the marriage by filing for divorce. Divorce proceedings are divided into two categories: uncontested and contested.
Uncontested divorce is a case where the spouses agree on all issues (alimony, custody, property division). The spouses must have been married for at least 1 year. The case can be concluded quickly.
Contested divorce is filed in cases where there is a dispute between the parties. In such cases, the court hears witnesses, collects evidence and evaluates the claims of the parties.
Grounds for divorce are regulated as special and general grounds in the Turkish Civil Code. In addition to special grounds such as adultery, violence, abandonment, mental illness, the general ground for divorce is the fundamental breakdown of the marriage union.
Custody Cases and the Principle of the Best Interest of the Child
One of the most important issues after divorce is child custody. Custody is the right to be responsible for the care, education, health and development of the child. Children under 18 years of age are left in the custody of the mother or father. The court decides on the best interests of the child.
The right to custody is a comprehensive responsibility that is not only about physical care but also about the emotional, social and psychological development of the child. The custodial parent must also respect the other parent’s right to have a personal relationship with the child.
Custody decisions are not final. When circumstances change, the other party may request a change of custody. Especially situations such as neglect of the child, violence, disruption of education can trigger this process.
Types of Alimony: Precautionary, Poverty and Contribution Alimony
Alimony refers to the financial support provided by one party to the other or to a child after divorce or separation. There are three main types of alimony in Turkish law:
Precautionary alimony: It is granted in favor of the spouse or child who needs financial support during the divorce proceedings.
Poverty alimony It is granted to the spouse who is in financial difficulty after a divorce to receive help from the other spouse. It is usually indefinite.
Alimony for participation: Alimony paid by the non-custodial parent to cover the maintenance, education and health expenses of the child.
When determining the amount of alimony, criteria such as the parties’ income, standard of living and number of children are taken into account. Alimony decisions can also be changed. Situations such as change of income, marriage, child growth may give rise to the right to file a new lawsuit.
Property Regime and Property Sharing
The rights of the spouses on the property acquired within the marriage union are determined by the property regime. According to the Turkish Civil Code, the legal property regime is the regime of participation in acquired property. According to this regime, the property acquired during the marriage is considered common and is shared in half after divorce.
However, property acquired before the marriage, property received through donation and inheritance are considered personal property. If the spouses wish, they can arrange different property regimes such as separation of property, separation of property with sharing before or after the marriage at the notary public.
Property division is done through a separate lawsuit to be filed after the divorce is finalized. In practice, this process is the most critical legal stage following the divorce proceedings and is often contentious.
Trial Procedure in Family Courts and the Role of the Lawyer
Family law cases are heard in family courts. Judges assigned to these courts usually make decisions with the support of social workers, pedagogues and psychologists. During the judicial process, the judge evaluates not only the statements of the parties, but also the psychology of the children, the living conditions of the parties and the evidence presented.
Family law cases are processes with high emotional intensity. For this reason, the role of a family law lawyer is very important in terms of both protecting the rights of the parties and managing the process quickly and correctly. The lawyer not only provides legal counseling, but also ensures that constructive solutions are produced between the parties by evaluating the ways of reconciliation.