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CINDEMIR LAW OFFICE’S WEBSITE

Cindemir Law Office is a well known Turkish Law Office, based in Istanbul specialized in Turkish business, state’s private law and European Law. We dedicate ourselves for finding innovative, practical solutions to our client’s legal problems. Our law office is consisting of bilingual lawyers and situated very close to Asian side of Istanbul’s Court building. By that way, we are always able to update our clients regarding the cases.

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Cindemir law office is a Law Office with English Speaking specialized lawyer in various legal fields. Gokhan Cindemir and its law office. This is website of our law office. lawyer in istanbul turkey turkish law firms.

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* Turkish Citizen Spouse’s certificate of identity register copy (From relevant administration)
* Translation of applicant’s passport with Notary Approval. (Consulate Approval is also accepted)
* A document given from applicant’s country explaining applicant’s details of identification. This document must explain all demographic information to be reflected to Turkish Records. The document given by applicant’s country must have apostille stamp, in case that applicant’s country is not member of apostille convention (Hague) then this document must be approved by Turkish Consulate in that country. Additionally document must be translated to Turkish.
* In case that spouses married in Turkey, international marriage certificate (Red Certificate) delivered by Turkish Authorities. If spouses married outside of Turkey, document proving marriage given by another country. This foreign marriage certificate requires apostille (or Turkish consulate’s approval) and translation to Turkish.
*Notary approval for Pages of Residence Permit Photocopy (The pages which are issued)
*In case applicant committed any crime (conclusive), approved court’s decision must be submitted.
*In case that applicant’s date of birth does not exist, a document clarifying the status of age must be given by applicant’s country. It must be approved (apostille and translated)
*Identification Card’s Photocopy of Spouse who is Turkish
* Receipt of Application Fee

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A Judicial Assistance Agreement Exists between Turkey and the Countries Mentioned Below

Germany, N. Cyprus ,Albania, Kuwait, Austria ,Lithuania, Azerbaijan, Hungary Bulgaria, Macedonia, Czech Republic, Algeria ,Moldova, China, Mongolia, Morocco, Uzbekistan, Georgia, Poland, India, Romania, Croatia, Tajikistan, Iraq, Tunisia, Jordan, Yugoslavia, United Kingdom, Ukraine, Switzerland, Italy, Kazakhstan

 

We are a dynamic, independent office operating in since 2004, providing the highest quality of legal service to international organizations and businesses as well as individuals. Our business activities include, but are limited to European law (including European Union law), contract law, company law, commercial law and law. We also specialize in tax law. We are specialists in Turkish litigation law and practice in international trade Law with interpretation of Turkish Trade Law. . We have expertise in Turkish criminal law and practice. Simply put, we are a full service .

The other possibility is in case of judgement given by foreign court containing elements related to alimony, guardianship, compensation which are against “Turkish Public Order”, that judgement will not be enforced by Turkish Government. In that situation, solely judgement’s can be carried out by , not . For instance if foreign court decided that guardianship of common child must be given to one of the spouse but child’s psychology is disregarded while giving the judgment, in that case Turkish Courts only recognize the decision and rejects of the decision based on violation of Turkish Public Order. In that situation, both spouses must open a new case again in Turkey to fix guardianship status in accordance with Turkish Law. As can be seen that, Turkish Law envisages that issues which can be against Turkish Public Order must be reviewed again under Turkish Jurisdiction. Turkish Public Order criteria related to Divorce Cases are explained with more details below:

Boundaries of Jurisdiction in Divorce Under Turkish Law

It is noteworthy to mention that below criteria cannot be found in Turkish Legislation. These principles became precedent by high court decisions

Child Support Maintenance

A foreign court may give a judgement regarding child support, this judgement solely does not constitute a problem for Turkish Public Order. On the other hand, if a foreign court did not consider the income of the spouse who will pay the alimony, Turkish Court may find it as a violation of Turkish Public Order. Accordingly, rocketing amounts of child maintenance will not be enforced by Turkish Court and that issue must be reviewed under Turkish Jurisdiction with an independent case.

Alimony

From the perspective of consideration of spouse’s income, the same criteria related to “Turkish Public Order” mentioned under title of Child Support also exists for Alimony.

Guardianship

In case that a foreign court will give a judgement concerning guardianship without taking consideration of child’s benefits. For instance, if foreign law gives guardianship Rex Officio to the mother or to the father without examining the needs of the child, Turkish Court will reject enforcement of the judgement based on “Turkish Public Order” Especially if guardianship is decided based on discriminative purposes such as ethnicity, religion, ages or sexuality would be found against “Turkish Public Order”. There are also high court decisions which support this point of view. In case that foreign court does not touch on guardianship issue in its judgement, then there would be no violation of “Turkish Public Order.

Compensation

In case of enforcement of foreign divorce decree in Turkey, Turkish Courts will not examine justness of conviction of compensation. Thus, Turkish Court will not review the reasons related to compensation issue. However, if of the compensation given by foreign court significantly causes over exploitation of one of the spouses, Turkish courts would reject enforcement of that decision. Accordingly, compensation determined by foreign court must not cause poverty on one party and at the same enrichment on another party.

Immovable Assets

It is very important to note that Turkish Courts will not reject enforcement of a foreign divorce decree given by foreign court if the decision does not refer any real estate in Turkey (Turkish Civil Procedural Law). Main principle of Turkish Law related to real estate situating in Turkey is defined as “exclusive competence”. Therefore, in case foreign court gives an order related to the real estate in Turkey, that part of foreign decision cannot not be regarded as enforceable. Thus, a new case must be filed in Turkish Courts related to real estate for liquation of common assets stemming from family relationship. “Disputes involving real is to be suited in the court of place where it located” (CC. Pr.Art. 13)

In that case as mentioned already, Turkish Law and related high court decision refers to the necessity of opening an another case in Turkish court of real estate property which has jurisdiction. If the divorce case is filed in Turkey, Turkish Courts would be able to give a decision related to real estate property located in Turkey. However under reciprocity principle, Turkish Court would also avoid to give a judgement concerning the real estate property located in other country

Lastly, it is important to state that, assets stemming from inheritance are regarded as private personal belonging under Turkish Law which means that in case of litiquation of the assets, property acquired by inheritance are totally belonging to the heir.

Asset division/liquidation of the matrimonial property regime

Under Turkish Law, the spouses may regulate their property relations before or after their marriage by means of a contract “marriage settlement”. They may choose one of the contractual systems which are of three kinds as, property separation (mal ayriligi), common property system (mal ortakligi) and partionary property separation system (paylasmali mal ayriligi) The legal property system is called as “system of fusion of the acquired property” (Civil Code Art. 218.241) which basically depends on the participation of the property and income acquired during the marriage. This property may be called as “marital” or “community property”, in other words matrimonial property systems.

Accordingly, Turkish Law also recognizes matrimonial property system as one of the selection of contractual marriage. In that regard, decision given by foreign court related to liquidation based on matrimonial property system will not constitute any problem regarding enforcement of the judgement in Turkey. And under Turkish Law, competent court which has jurisdiction for liquidation is the court which also have jurisdiction for divorce. In other words, the court which has jurisdiction for divorce must decide on liquidation of assets also. (Article 168 of Turkish Civil Code). As a response to your question, there is no separation between jurisdiction to liquidation of assets and jurisdiction of divorce.

Jurisdiction of Divorce under Turkish Divorce Law

Divorce suits may be brought in the place of court of the plaintiffs domicile or the cohabitated domicile of the spouses used within the last 6 months (CC.Pr. Art 9/3)

As can be seen above, there is no any provision prohibiting divorce case against Turkish Citizen in foreign country. Unlike some strict countries, jurisdiction principle is not based on nationality principle, it is based on location principle.

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