Alanya Divorce & Family Lawyer

Uncontested Divorce

Where the parties agree on the divorce and its consequences (custody, alimony, division of property), uncontested divorce is generally a quicker and less burdensome route. Drafting the protocol so that it protects both parties’ rights and does not give rise to new disputes later is the most critical stage of this process: an incomplete or ambiguous protocol can become the subject of litigation even years after the divorce. We manage the process from preparing the protocol to the single-session hearing.

Contested Divorce Cases

If the parties cannot agree on the divorce or its consequences, contested proceedings become necessary. They may be based on the general ground of fundamental breakdown of the marital union or on special grounds such as adultery, abandonment, attempt on life and severely degrading treatment. The assessment of fault affects compensation and alimony claims (TMK Arts. 174, 175); collecting and presenting evidence correctly is therefore important. We conduct your case in a planned manner from the written pleadings stage to the judgment.

Custody, Personal Contact and Modification of Custody

Custody arrangements follow a single criterion: the best interests of the child. The court considers the child’s age, school and social routine, bond with each parent and the care each can provide, and hears children above a certain age. In divorce, custody belongs to the parent to whom the child is entrusted (TMK Art. 336); in the divorce judgment the court regulates the rights of the mother and father and their personal relations with the child, and the personal relations of the parent not granted custody are determined on the basis of the child’s interests in terms of health, education and moral development (Art. 182). The judgment includes a warning that custody may be modified, provided this is not contrary to the child’s interests, if the requirements of the contact arrangement are not complied with (Art. 182/2). If new facts such as a parent moving elsewhere or remarrying make it necessary, the judge takes the required measures (Art. 183).

Alimony Cases

Three types of maintenance are relevant: interim maintenance during the proceedings, poverty alimony after the divorce and child support. Interim maintenance is one of the provisional measures ordered during the case (TMK Art. 169); a party who will fall into poverty because of the divorce may claim poverty alimony from the other in proportion to the latter’s financial means, provided their own fault is not greater (Art. 175); the parent not granted custody also contributes to the child’s care and education costs in proportion to their means (Art. 182/3). The amount is determined according to the parties’ income and standard of living and the child’s needs.

Alimony paid as periodic payments may be increased or reduced if the parties’ financial circumstances change; it ends automatically if the recipient remarries or either party dies, and by court decision if the recipient lives in a de facto marriage, ceases to be in poverty or leads a dishonourable life (Art. 176). Upon the creditor’s complaint, a debtor who fails to comply with an alimony order may be subject to coercive detention of up to three months (Enforcement and Bankruptcy Law (İİK) Art. 344). Recent development: By its decision of 4/6/2026, E.2025/156, K.2026/131, the Constitutional Court (AYM) annulled the words “indefinitely” in TMK Art. 175/1; the decision will enter into force on 30/6/2027. Until then the current text applies; for the period afterwards, the legislative response should be followed. For alimony after short marriages, see the article Short Marriage, Long Bill.

Liquidation of the Matrimonial Property Regime and Participation Claims

For marriages after 2002, the default regime is participation in acquired property: the participation claim on assets acquired during the marriage is, as a rule, one half; inherited assets and personal property fall outside this calculation. Liquidating a home, vehicles, bank savings and company shares requires technical calculations. The valuation of real estate and the sale of assets that have become co-owned are assessed together with our Alanya Real Estate Lawyer practice area.

Participation in acquired property is the default regime between spouses; by a marital property agreement the spouses may choose one of the other regimes provided by law (TMK Art. 202). Acquired property consists of assets each spouse obtains for consideration during the regime, including earnings from work (Art. 219); assets obtained by inheritance or gratuitously and claims for non-pecuniary damages are personal property (Art. 220). Each spouse is entitled to half of the other’s net surplus; in a divorce on grounds of adultery or attempt on life, the judge may equitably reduce or remove the share of the spouse at fault (Art. 236). For disputes over the division of movable and immovable property and termination of co-ownership after divorce, applying to a mediator before filing suit is a procedural precondition (Mediation in Civil Disputes Law No. 6325, Art. 18/B).

Protection of the Family and Measures under Law No. 6284

In cases of violence or risk of violence, protective and preventive measures such as a restraining order, a ban on contact and removal from the shared home may be requested under Law No. 6284 on the Protection of the Family and Prevention of Violence against Women without the need for evidence or documents (Arts. 5, 8/3). A measure may be ordered for at most six months the first time (Art. 8/2); in urgent cases some measures may also be taken by the head of the law enforcement unit, and if the judge’s approval is not obtained within twenty-four hours the measure lapses automatically (Art. 5/2). An objection to a measure may be filed with the family court within two weeks (Art. 9). A person who acts contrary to the order is subject, by court decision, to coercive detention of three to ten days (Art. 13). The criminal aspect of the incident is handled in coordination with our Alanya Criminal Lawyer practice area. Disputes involving allegations of domestic violence are not suitable for mediation (Law No. 6325, Art. 1/2).

Divorces with a Foreign Element, Recognition and Enforcement

When spouses of different nationalities divorce, additional issues arise, such as which country’s law applies, service of documents abroad and the validity of the judgment in both countries. The grounds and effects of divorce and separation are governed by the spouses’ common national law; for spouses of different nationalities, the law of their common habitual residence applies, failing which Turkish law applies; alimony and custody follow the same rule, while Turkish law applies to requests for interim measures (Law No. 5718 on International Private and Procedural Law (MÖHUK) Art. 14). As regards matrimonial property, the spouses may expressly choose the law of their habitual residence or of one of their nationalities at the time of marriage; for the liquidation of immovable property, the law of the country where it is located applies (Art. 15).

There are two ways to register a divorce judgment given abroad in the Turkish civil registry. If the judgment was given by an authority competent under the laws of the issuing state, has become final in accordance with procedure and is not manifestly contrary to Turkish public policy, it may be registered administratively upon application by the Turkish citizen party or their representative (Civil Registry Services Law No. 5490, Art. 27/A). If registration is refused because these conditions are not met, or if the judgment needs to be enforced (e.g. alimony or custody provisions), a recognition and enforcement action is filed (MÖHUK Arts. 50-58; Law No. 5490 Art. 27/A/3). Family courts hear the recognition and enforcement of foreign judgments on family law matters (Law No. 4787 Art. 4/2). The enforcement petition must be accompanied by the certified original or copy of the judgment, a document showing that it is final and certified translations (MÖHUK Art. 53); reciprocity is required for enforcement but not for recognition (Arts. 54, 58). For our foreign clients’ questions on residence and citizenship, please see our Alanya Foreigners Law Lawyer page.

Marital Property Agreements

Marital property agreements by which spouses, before or after marriage, choose separation of property, separation of property with sharing or community of property are drafted, and advice is provided during their execution or certification before a notary (TMK Arts. 202-205).

Pecuniary and Non-Pecuniary Compensation in Divorce

Claims for pecuniary compensation by a spouse without fault or with lesser fault whose interests are harmed by the divorce, and for non-pecuniary compensation by a spouse whose personal rights have been violated, are asserted or defended (TMK Art. 174); for claims not settled in the divorce judgment, the one-year period from the finality of the judgment is observed (Art. 178).

Legal Separation

Requests for a separation order of one to three years instead of divorce are pursued, as is the divorce request where the common life has not been re-established at the end of the separation period (TMK Arts. 170, 172).

Nullity and Annulment of Marriage

Actions based on grounds of absolute nullity such as an existing prior marriage, permanent lack of capacity of discernment or close kinship, or on grounds of relative nullity such as error, fraud and duress, are filed and pursued; in annulment actions a period of six months from discovery of the ground and in any case five years from the marriage applies (TMK Arts. 145-160).

Family Home Annotation

Requests to register a family home annotation in the land registry, securing the protection that prevents the transfer of the family home or the termination of its lease without the other spouse’s express consent, and actions against transactions made without such consent are handled (TMK Art. 194).

Parentage Cases: Paternity, Disavowal and Objection to Acknowledgement

Cases on establishing or removing parentage, such as paternity actions (TMK Art. 301), actions to disavow parentage (Art. 286) and objections to acknowledgement (Art. 297), are filed and pursued, with a request for DNA testing where necessary and with attention to the statutory time limits.

Adoption

Applications for the adoption of minors and adults are prepared, the statutory conditions, in particular the one-year care and upbringing requirement, are assessed, and the proceedings before the family court are conducted (TMK Arts. 305-320).

Removal of Custody and Child Protection Measures

Where a child’s physical, mental or moral development is endangered, requests for protective measures and for the removal or restoration of custody are brought before the court, or defended against (TMK Arts. 346-349).

International Child Abduction and Return of the Child

Where a child has been wrongfully removed to or retained in another country, applications to the Ministry of Justice as Central Authority under the 1980 Hague Convention and Law No. 5717, return proceedings before the family court and representation of the respondent party are handled.

Guardianship, Interdiction and Legal Counsellorship

Applications for interdiction and the appointment of a guardian for persons who cannot manage their affairs due to mental illness, prodigality, old age or similar reasons, for the appointment of a legal counsellor and concerning the guardian’s acts are pursued before the civil court of peace (TMK Arts. 405-429).

Use of Surname after Divorce

Requests by a divorced woman for the judge’s permission to continue using her former husband’s surname, where she has an interest in doing so and this will not harm the former husband, are prepared and pursued (TMK Art. 173/2).

Appeals (İstinaf and Temyiz)

Appeals against family court judgments to the regional court of appeal within two weeks of service (Code of Civil Procedure (HMK) Art. 345) and appeals on points of law against appellate decisions to the Court of Cassation (Yargıtay) (HMK Art. 361) are prepared, and responses to the other party’s appeals are filed.

Enforcement of Alimony and Family Law Judgments

Enforcement proceedings based on court judgments for unpaid alimony, complaints seeking coercive detention under İİK Art. 344 and applications for the execution of decisions on personal contact with and handover of children are made.

Inheritance Disputes

Division of the estate, violations of reserved shares, simulated transactions by the deceased and allegations of assets being diverted from the estate, as well as actions to terminate co-ownership of inherited real estate, are areas closely intertwined with family law. Taking family relationships into account, we first consider a settlement and, where necessary, pursue litigation with determination. For details, see our Alanya Inheritance Lawyer page.