Family Law
For individuals and families looking for a family lawyer in Fethiye, family law covers the legal processes involved in marriage, its breakdown, and its consequences. At Aysel Atlı Law and Consultancy Office in Fethiye, we provide advice and case handling on divorce, custody, alimony, matrimonial property regimes and adoption. Because most matters in this field carry a personal and emotional dimension, we work closely with each client and explain the process in plain language.
- 01Initial Consultation
Your situation, family circumstances and objectives are reviewed together.
- 02Legal Assessment
The available options (consensual/contested divorce, mediation, etc.) are clarified.
- 03Documents and Petitions
The documents needed for the case or protocol are prepared.
- 04Ongoing Follow-Up
You are kept informed of hearings and developments throughout the process.
Services We Provide in This Area
- Consensual and contested divorce proceedings: Advice and case handling from drafting the petition and protocol through to following the hearings.
- Custody and visitation arrangements: Support in reaching workable arrangements that reflect the best interests of the child.
- Interim, child and spousal support (nafaka) proceedings: Advice on preparing, increasing or reducing support claims.
- Matrimonial property agreements and division of assets: Handling pre- or post-marital property agreements and division-of-assets cases.
- Adoption proceedings: Assessment of eligibility and follow-up of the adoption process.
- Protection orders in cases of domestic violence: Advice on protective and preventive measures under Law No. 6284.
- Marriages and divorces involving a foreign element: Assessment of applicable law and competent court where one spouse holds foreign nationality.
- Broken engagement disputes: Claims for return of engagement gifts and related compensation.
- Parentage (descent) cases: Support in paternity recognition and denial-of-parentage cases.
Divorce Proceedings
Divorce is the most common matter in family law. In a consensual divorce, the agreement reached between the spouses needs to be turned into a sound, enforceable protocol; in a contested divorce, the way evidence and claims are presented has a direct bearing on the outcome. Foreign nationals living in or connected to Fethiye often have additional questions about which country's law applies and which court has jurisdiction — these are assessed on a case-by-case basis.
Custody and the Best Interests of the Child
In families with a shared child, custody is one of the most sensitive issues a court decides, always based on the best interests of the child. The court weighs the parents' living and financial circumstances, the child's age and needs, and the bond with each parent, among other factors.
Alimony (Nafaka) Proceedings
Support payments in Turkish family law fall into three main categories: interim support during the case, child support paid after divorce, and support for a spouse who would otherwise face hardship. The amount is based on the parties' income, needs and ability to pay; the law does not set a fixed figure. A later, material change in either party's financial circumstances can be grounds for a separate case to increase or reduce the amount.
Matrimonial Property and Division of Assets
How assets acquired during the marriage are divided depends on the property regime that applied between the spouses. Unless otherwise agreed, the default "participation in acquired property" regime applies, under which property acquired during the marriage is generally split equally; property acquired by inheritance or gift, and personal belongings, are excluded. Spouses may instead choose a different regime, such as separation of property, through a notarised agreement made before or during the marriage. A division-of-assets claim can still be brought after the divorce decree becomes final.
Family Home Protections
Turkish Civil Code gives special protection to the home the spouses share (the "family home"): even the spouse who holds title cannot sell it, mortgage it or otherwise dispose of it without the other spouse's express consent. This protection can be reinforced by registering an annotation on the title deed, which puts third parties on notice of the property's status as a family home.
Adoption Proceedings
Adoption requires the statutory conditions on age, length of marriage and suitability to be met, and is finalised by a court decision; the process often also involves an administrative stage, including a social assessment report. Applicants benefit from being guided correctly through both the administrative and judicial stages.
Protection Measures in Cases of Domestic Violence
Anyone subjected to domestic violence can request protective and preventive measures under Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women. These measures can include removing the perpetrator from the shared home or prohibiting contact, and can be requested urgently where needed. The safety of the person affected is the priority throughout.
Parentage (Descent) Cases
Parentage cases — establishing paternity, denying parentage, or annulling a recognition — concern the legal bond between parent and child. They typically rely on scientific evidence such as DNA testing, and the outcome affects custody, support and inheritance rights. Meeting the applicable time limits is important to avoid losing rights.
Local Context: Family Law for Foreign Residents in Fethiye
Fethiye is home not only to its long-standing local population but also to a significant number of foreign nationals living in the area, whether year-round or seasonally. This means cases involving a foreign element — for example a marriage between a Turkish and a foreign national — often raise additional questions about applicable law and jurisdiction, which are assessed on the facts of each case. For general background on how divorce proceedings work in Turkey, please contact our office; for questions specific to your situation, we invite you to get in touch.
Getting legal advice early in a family law matter helps make the process more predictable and helps prevent the loss of rights. For this reason, we recommend discussing your situation with a lawyer before you reach a decision point on divorce, custody or support.
Frequently Asked Questions
What is the difference between a consensual and a contested divorce?
In a consensual divorce, the spouses have already agreed on the financial consequences of the divorce (support, compensation, division of property) and, where relevant, custody of any children; both parties appear at the hearing and confirm their agreement before the judge. In a contested divorce, these matters are disputed and the case can involve additional procedural steps such as gathering evidence and hearing witnesses, and generally takes longer.
Which court hears a divorce case in Turkey?
Divorce cases are heard by family courts, or, where no family court exists, by the civil court of first instance sitting in that capacity. Under the Turkish Civil Code, the competent court is the court for the place where either spouse is domiciled, or where the spouses last lived together for the six months before the case was filed.
What criteria are used to decide custody?
The court's overriding consideration is the best interests of the child. It weighs the parents' living and care arrangements, the child's age, education and relationship with each parent, among other factors that vary from case to case.
What types of alimony (nafaka) exist under Turkish law?
During and after divorce, the law recognises interim support during the case, child support paid after divorce, and support for a spouse who would otherwise face hardship. The amount is set by the court based on the parties' income and needs.
Can I claim back engagement gifts if the engagement is broken off?
If an engagement is broken off, either party may seek the return of gifts given for the purpose of marriage that go beyond ordinary or customary items. Where one party is at fault for the breakup, financial and non-financial compensation may also be claimed subject to certain conditions.
What are the requirements for adoption in Turkey?
Requirements include the applicant's age, a length-of-marriage requirement that varies depending on marital status, and a minimum age gap between the adoptive parent and the person being adopted. The process is completed by court decision, typically alongside a social assessment report.
How long does a divorce case take?
This depends on whether the case is consensual or contested, the court's workload, and the particular circumstances of the file; no fixed timeframe can be given in advance. Please contact us to discuss your situation.
What should foreign nationals in Fethiye consider when choosing a family lawyer?
Because family matters are personal and sensitive, it matters that the process is handled transparently and that you can communicate directly with your lawyer. It is worth considering how a firm approaches communication and how it works with clients whose case involves a foreign element.
Please contact us via our contact page with questions on this topic, or visit our Family Law page for more on our services in this area.
The information on this page is for general information only and does not constitute legal advice.
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