Family Law in Turkey

Summary

This video provides an overview of family law in Turkey, excluding divorce, which is covered separately. John Howell and Bash Fielder discuss legal aspects of cohabitation, religious ceremonies, property rights, and child paternity. The conversation highlights the legal challenges of non-civil marriages, particularly in rural areas, and the complications faced by foreign nationals in such partnerships. They also touch on the non-recognition of same-sex marriages in Turkey and offer advice on safeguarding assets and rights for cohabiting couples, emphasizing the importance of legal registration and contracts.

Takeaways

• 👨‍⚖️ Family law in Turkey is multifaceted and covers more than just divorce, with specific considerations for non-married couples.
• 🤝 Cohabitation is not widely recognized or protected under Turkish law, but certain legal provisions exist for compensating partners in case of separation.
• 💔 Unmarried partners may be entitled to compensation for pain, suffering, or financial losses incurred during the relationship.
• 🏡 If an unmarried partner contributed financially to property, they may be entitled to compensation based on their contribution, though it differs from marital rights.
• 👩‍👧 Children born from religious-only marriages (without civil registration) are considered legitimate, but the legal recognition of the partnership differs from civil marriage.
• 💒 Civil marriage is the only legally recognized form of marriage in Turkey, while religious ceremonies alone hold no legal weight and are considered illegal before civil marriage.
• 🌈 Same-sex marriages and civil partnerships are not recognized in Turkey, requiring extra legal precautions for LGBTQ+ couples living there.
• 📝 Foreign nationals living with Turkish partners without marrying may face complex legal situations in case of separation, especially regarding asset division.
• 🧬 Paternity cases in Turkey involve DNA testing, and refusal to take a test could lead to legal enforcement, with the government involved in paternity disputes.
• 🏛 Legal advice is crucial for foreigners in Turkey, especially regarding cohabitation, asset registration, and ensuring that contributions to property or finances are legally protected.

Q & A

What are the two circumstances where cohabitation outside marriage is recognized under Turkish law?

The first circumstance is when a person lives with someone under the agreement that they would marry, but the marriage never occurs. The second circumstance involves cohabitation where one partner suffers emotionally or financially due to the relationship.

Does Turkish law offer the same rights to cohabiting partners as it does to married couples?

No, cohabiting partners do not have the same rights as married couples. However, compensation for emotional or financial losses, such as contributions to the home or reduced career prospects, can be sought under certain conditions.

Is a religious marriage ceremony legally recognized in Turkey?

No, a religious marriage ceremony is not legally recognized in Turkey. Only civil marriages are considered legal, and performing a religious ceremony without a prior civil marriage is illegal.

What rights do children from religious-only marriages have in Turkey?

Children from religious-only marriages are legally recognized, and their rights are protected. Issues regarding child custody and contributions from the parents are handled similarly to children from civil marriages.

What are the risks for foreign nationals cohabiting with Turkish partners without marriage?

Foreign nationals may face legal challenges in the event of separation, especially regarding asset division. If assets like property are registered under the Turkish partner's name, it can be difficult for the foreign national to claim their share without prior legal agreements.

Can foreign nationals protect their assets if cohabiting with a Turkish partner?

Yes, foreign nationals can protect their assets by ensuring joint ownership of property or entering into a private legal agreement specifying asset division in case of separation.

How can non-married couples protect their interests if they separate in Turkey?

Non-married couples can protect their interests by entering into legal agreements that specify how assets and finances will be divided in the event of separation.

Is same-sex marriage recognized in Turkey?

No, same-sex marriage is not recognized in Turkey. Civil partnerships, as recognized in some other countries, also do not exist under Turkish law.

How are paternity disputes resolved in Turkey?

Paternity disputes in Turkey are resolved through family court, where DNA tests are typically used to establish paternity. If the alleged father refuses to take a DNA test, the court can make a decision based on other evidence.

What advice is given to foreign couples considering living together in Turkey?

Foreign couples planning to live together in Turkey are advised to either get married before moving or ensure that any assets they acquire, such as property, are registered in both names to avoid complications during a potential separation.