Family law is a branch of law that is included in civil law, where family issues are examined. It is regulated in various provisions of the Turkish Civil Code. Family law covers the process that begins with the engagement process and ends with divorce. The main subjects of family law are engagement, marriage, divorce, property regimes, alimony and custody. Women's and children's rights are also included in family law.
Family law is a discipline that protects both sides in marriage. It is a system that steps in to resolve disputes within the family from a legal point of view.
Engagement
Engagement is when the parties declare that they want to marry each other. However, a ceremony must not be held for the engagement. The presence of the will to engage is sufficient. Engagement takes place with the promise of marriage.
Engagement does not give a lawsuit to force them to marry. However, as a result of the breach of the engagement, the party that fails is obliged to give the other party an appropriate compensation within the framework of the rules of honesty and in return for the expenses incurred for the purpose of marriage and the financial sacrifices.
Marriage
Marriage occurs when people of two different sexes declare their marriage in front of the marriage officer.
A man or woman cannot marry unless they are seventeen years old. However, in extraordinary circumstances and for a very important reason, the judge may allow a man or woman who has completed the age of sixteen to marry. Whenever possible, parents or guardians are heard before the decision is made.
Between the ancestor and the descendant; between siblings; Even if the marriage between uncle, uncle, aunt and aunt and nephews has ended, there is a prohibition of marriage between one of the spouses and the ancestors or descendants of the other, and between the adopter and the child or one of them and the descendant and spouse of the other.
Divorce
Divorce is regulated in article 161 of our Turkish Civil Code and its continuation. It is the way to end the marriage by court order. There are six types of reasons for divorce regulated by law. These are adultery, life-threatening or degrading behavior, abandonment, mental illness, and shaking the marital .
Property Regimes
All the rules regarding the management, disposal and liquidation of the assets owned by the spouses during the marriage or during the continuity of the marriage constitute the concept of property regime. In the Turkish Civil Code, the regime of participation in goods acquired as a legal property regime between spouses has been accepted. However, if the spouses wish, they will be able to choose other property regimes specified in the law by making a property regime contract. These regimes;
Property Separation Regime: In this property regime, each spouse protects their rights over their own assets within legal limits.
Shared Goods Separation Regime: It is an easy property regime in terms of liquidation.
Property Partnership Regime: In this property regime, the properties of the spouses, other than those considered as personal property according to the law, constitute the partnership property. Spouses own the partnership property as an undivided whole.
Alimony
Alimony is a pension that is paid to dependents of individuals by being sentenced through court. In the Turkish Civil Code numbered 4721, there are 4 types of alimony arrangements: poverty alimony, measure alimony, participation alimony, aid alimony. Alimony request can be requested together with the divorce case or it may be the subject of a separate case. However, the alimony case to be filed after the divorce case is subject to a one-year limitation period from the finalization of the verdict.
Custody
With the article 335 of our Turkish Civil Code numbered 4721, it has been accepted that a child will be under the custody of his parents until he reaches adulthood.
As a rule, the provisions on custody regulated between Articles 335 and 351 of our Turkish Civil Code are related to public order. In cases related to custody, the principle of ex officio investigation is applied and the judge determines a verdict regardless of the demands of the parties. In other words, rather than the demands of the mother or father, the superior benefit of the child is considered.
