Family Law

Family and Divorce Law

Manyas Law Office, on the subject of family law, due to the establishment of the family institution, which is the most valuable institution of the society, and to ensure that individuals get divorced in a way that will enable them to get out with minimum damage; It provides family law services to its clients in various matters such as regular follow-up of divorce cases, preparation of property separation agreements before marriage, marriage transactions, divorce, post-marital property sharing, child custody, determination and execution of all kinds of alimony.

In addition, our family law lawyers; Inheritance and estate planning, establishment of domestic or foreign funds, arrangement of will and inheritance contracts, execution of inheritance and succession transactions, rejection of inheritance, cancellation of savings, determination of estate, isolation of partnership, ecr-i misil etc. provides legal services in other matters.

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Services We Provide in the Field of Family Law

Opening and Following the Uncontested and Contested Divorce Case
Execution of divorce and lineage ties,
Preparation of protocols in uncontested divorces,
Preparation of material and moral compensation claims in contentious divorce cases,
Execution of property liquidation after divorce,
Carrying out the process related to custody, guardianship and alimony cases, producing legal solutions against the violation of the provisions,
Taking a precautionary decision in cases of domestic violence and similar cases,
Resolution of disputes arising from adoption,
Follow-up of cases of annulment of marriage,
Follow-up of adoption cases,
Providing consultancy services on marriage contracts (property regime) to be made between the parties to be married,
Execution of legal disputes arising from the termination of engagement,
Resolution of all disputes in Family Courts,
Taking an interim injunction decision,
Recognition and enforcement of foreign court decisions,
Inheritance and estate planning,
Arrangement of will and inheritance contracts,
Denial of inheritance

Divorce Case

Divorce case, which is among the family law issues, is one of the most curious and researched issues. As it is known, marriage procedures are carried out in front of an official official. Divorce proceedings, on the other hand, result in the entry of the decision obtained as a result of the proceedings in the courts to the population registry at the relevant civil registry office. There are types of divorce cases such as uncontested and contested divorce cases. Divorce case, which is a type of case carried out according to different procedures in family court and private law cases, can be based on numbered reasons within the scope of the Law.

At the end of the divorce proceedings, the courts have to decide in a way that will eliminate all conflicts, except for the division of property, provided that it is limited to the demands of the parties. The division of property, on the other hand, should be carried out in the form of another lawsuit. The property lawsuit is opened and resolved after the divorce decision.

Types of Divorce Cases

There are two types of divorce cases in Turkey. The first of these is the uncontested divorce case, and the other is the contested divorce case.

An uncontested divorce case occurs when one or both of the spouses request a consensual divorce by resorting to legal means, if both parties want to divorce and agree on the results of the divorce. The divorce agreements of the spouses are regulated by a divorce protocol. The Divorce Protocol is submitted to the approval of the judge.

In the Uncontested Divorce case, the spouses decide among themselves about the joint custody of the child.

In a contested divorce case, the judge has discretion. Evidence presented to the court during the trial, necessary examinations and investigations, socio-economic status determinations are made and a report is received from expert pedagogues or social workers. The spouse who will be given the custody of the child is decided by the judge’s decision.

If there is a change in the child’s interests after the parents get custody as a result of the divorce, they can file a custody suit to change custody.

It may also be possible to revoke custody if the parent and/or father acting against the best interests of the child.

Recognition and Enforcement Litigation

After the divorce decision taken abroad, the validity of it in our country is through the recognition and enforcement case. In practice, it is generally taken on behalf of divorced couples in France, Denmark, Belgium, Switzerland, Saudi Arabia, Greece, Austria, Netherlands, America, Germany, England. Recognition of the decision of divorce, separation and nullity of marriage is made.

Recognition lawsuit is the lawsuit filed for the divorce decision decided by the foreign court to be valid in Turkey. If only the divorce decision is to be valid in Turkey, it is sufficient to file a recognition lawsuit.

Enforcement action can be filed on behalf of decisions that are of an executive nature. It is a type of lawsuit filed for the execution of the executive decision in the enforcement lawsuit, while there is a decision for due diligence in the recognition lawsuit. With the divorce decision, enforcement provisions such as custody, alimony and compensation have been given and if it is desired to be valid in our country, an enforcement action must be filed.

Unless a recognition and enforcement action is filed, the divorce decision has no effect in Turkey. In the future, couples will not be able to marry if they want to marry someone else. In addition, the spouse will have a share in the inheritance, and will not be able to benefit from the consequences such as alimony and compensation given with the divorce decree given abroad.