Family Law

What is Family Law?

Family law is the branch of law that regulates marriage, divorce, custody, alimony, inheritance and intra-family relations. This field is designed to protect the family institution, secure the rights of family members and resolve intra-family disputes.

Family law determines the legal status of the family, which is the basic building block of society, and regulates the mutual rights and obligations of family members. Since disputes in this field usually carry emotional intensity, expert legal consultancy and sensitive approach are required.

Our Family Law Service Areas

Types of Divorce and Processes

Consensual Divorce

It is the type of divorce where spouses agree on divorce and apply to court together.

Conditions for Consensual Divorce:

• Being married for at least 1 year
• Both spouses wanting divorce
• Agreement on children's situation
• Agreement on property sharing
• Agreement on alimony

Advantages of Consensual Divorce:

• Quick resolution
• Low cost
• Privacy
• Reduced emotional wear
• Minimizing negative impact on children

Contested Divorce

It is the type of divorce filed unilaterally by one of the spouses or where there are issues that spouses cannot agree on.

Grounds for Contested Divorce:

• Adultery
• Attempt on life, very bad treatment or serious insult
• Leading a dishonorable life
• Abandonment
• Mental illness
• Fundamental breakdown of marriage union

Custody and Protection of Children

Types of Custody

Factors Considered in Custody Decision

• Best Interest of Child: Most important criterion
• Parent-Child Relationship: Emotional bond and communication
• Parent's Capacity: Care and upbringing ability
• Child's Opinion: Opinion of children over 12 years old is taken
• Living Conditions: Economic situation and living standard
• Continuity: Maintaining current situation

Types of Alimony and Calculation

Child Support

It is covering the necessary expenses for the child's survival, education and development.

Child Support Features:

• Continues until age 18
• Can extend to age 25 if education continues
• Income of both parents is considered
• Child's needs are the basis
• Regularly reviewed

Spousal Support

It is the alimony paid for the spouse in difficult economic situation after divorce to sustain their life.

Spousal Support Conditions:

• The spouse requesting alimony being in need
• The other spouse having payment capacity
• Considering the duration of marriage
• Age and health status of spouses
• Professional situations

Alimony Calculation Criteria

• Income of alimony obligor
• Needs of alimony creditor
• Living standard
• Other obligations
• Inflation rate

Property Regimes and Liquidation

Types of Property Regimes

Property Regime Liquidation

It is the process of sharing spouses' assets in case of divorce.

Liquidation Process:

1. Determination of personal property
2. Identification of acquired property
3. Valuation process
4. Surplus value calculation
5. Determining sharing ratio
6. Realization of liquidation

Pre-marital and Post-marital Agreements

Marriage Contract

It is an agreement made by spouses before or after marriage, regulating property regime and other matters.

Matters That Can Be Regulated in Marriage Contract:

• Property regime selection
• Family home arrangements
• Working life rules
• Children's education
• Alimony in case of divorce

Divorce Protocol

It is a document containing the matters that spouses agree on during the divorce process.

Matters in Protocol:

• Custody arrangements
• Alimony amounts
• Property sharing
• Personal relationship establishment
• Compensation claims

Domestic Violence and Protection

Protective Measure Decisions

These are decisions given by the court to protect victims of domestic violence.

Protective Measures:

• Removal of perpetrator from home
• Prohibition of approaching victim
• Prohibition of communication
• Arrangement of relationship with common children
• Prohibition of carrying weapons
• Temporary alimony

Protection Process

1. Application (victim, relatives or public officials)
2. Emergency protection decision (within 24 hours)
3. Hearing (within 8 days)
4. Final protection decision
5. Follow-up and supervision

Adoption and Guardianship

Adoption

It is the process of legally adopting a child with no blood relation.

Adoption Conditions:

• Adopter being at least 30 years old
• At least 18 years age difference between adopter and child
• Best interest of child
• Obtaining necessary permissions
• Social investigation report

Guardianship

It is a system for protecting children who have no parents or whose parents cannot exercise custody rights.

Types of Guardianship:

• Legal guardianship
• Appointed guardianship
• Official guardianship

Advantages of Our Family Law Consultancy