Turkish Divorce and Matrimonial Property Law: A Guide for UK Family Cases
Many families in the UK have strong links with Turkey. When a marriage breaks down, the English family court may need to understand how Turkish law treats divorce, property, maintenance and children. That is where a Turkish family law expert witness can help. This guide explains the key rules in plain English and shows when Turkish law matters in a UK case.
Does an English court apply Turkish law on divorce?
In most cases, no. If a divorce and financial remedy case is heard in England and Wales, the court applies English law, even if both spouses are Turkish nationals. The judge will decide a fair outcome using the Matrimonial Causes Act 1973.
But Turkish law is still important in several ways:
It can explain a marriage contract signed in Turkey, and help the court decide how much weight to give it.
It can show what each spouse would receive if the case were decided in Turkey.
It can tell the court whether an English order will be recognised and enforced against property in Turkey.
It can confirm whether a Turkish divorce, judgment or marriage is valid and final.
How does divorce work in Turkey?
Divorce in Turkey is governed by the Turkish Civil Code, Law No. 4721, which came into force on 1 January 2002. A divorce is always granted by a family court. There is no divorce by agreement at a registry office.
What are the grounds for divorce in Turkey?
The Civil Code lists specific grounds, including adultery, attempt on life or very bad treatment, crime and dishonourable life, desertion and mental illness. The ground used most often is breakdown of the marriage under Article 166. The court must be satisfied that the marriage has broken down so badly that the spouses cannot be expected to live together.
Is there an agreed divorce in Turkey?
Yes. Under Article 166(3), if the marriage has lasted at least one year, the spouses can apply together or one can accept the other's case. Both must attend court in person, and the judge must approve their agreement on money and children. An agreed divorce is often finished in one hearing.
How long does a contested divorce take in Turkey?
A contested divorce can take much longer. The case goes through the first instance family court, then may be appealed to the Regional Court of Justice (istinaf) and then to the Court of Appeal (Yargıtay). Taken together, this can take several years.
What is the matrimonial property regime in Turkey?
This is where Turkish law is most different from English law. Turkish law has a set of rules, called a property regime, that decides who owns what during the marriage and how it is divided when the marriage ends.
Marriages and periods after 1 January 2002
The default regime is participation in acquired property (edinilmiş mallara katılma), under Article 202 of the Civil Code. During the marriage, each spouse owns and manages their own property. When the regime ends, each spouse is entitled to half of the net value of the other spouse's acquired property. The regime ends on the date the divorce case is filed.
Marriages before 1 January 2002
Before 2002, the default regime was separation of property. Each spouse kept what was in their own name. However, the Turkish courts developed a claim called a contribution claim (katkı payı alacağı). A spouse who helped pay for an asset in the other spouse's name can claim back the value of that contribution.
For a marriage that began before 2002 and continued after it, the court usually splits the marriage into two periods. The old rules apply before 1 January 2002 and the new rules apply after.
What counts as acquired property and personal property?
Under Article 219, acquired property is what a spouse gains during the regime in return for payment. It includes:
income from work, such as salary and business profits
pensions and social security payments
compensation for loss of ability to work
income from personal property, such as rent
anything bought to replace acquired property
Under Article 220, personal property stays with the owner and is not shared. It includes:
items for personal use only
property owned before the marriage
property received later as an inheritance or a gift
claims for moral damages
anything bought to replace personal property
Can Turkish spouses choose a different regime?
Yes. Spouses can make a marriage contract (mal rejimi sözleşmesi) before or during the marriage. They can choose separation of property, shared ownership, or separation of property with sharing. The contract must be made before a notary or, if signed at the time of marriage, in writing to the registrar.
An English court is not bound by a Turkish marriage contract. However, following Radmacher v Granatino (2010), it will give effect to a nuptial agreement that was freely entered into with full understanding of its effect, unless it would not be fair to hold the parties to it. Expert evidence of what the Turkish contract means is often essential.
What about maintenance in Turkey?
Turkish law has several types of maintenance:
Interim maintenance (tedbir nafakası) while the case is ongoing.
Poverty maintenance (yoksulluk nafakası) under Article 175, for a spouse who would fall into poverty because of the divorce and is not more at fault.
Child maintenance (iştirak nafakası), paid by the parent who does not have custody.
A spouse can also claim material and moral compensation under Article 174, where the other spouse was at fault for the breakdown.
How does Turkish law deal with children?
When a court grants a divorce, it decides who will have custody (velayet) and sets contact arrangements for the other parent. The child's best interests are the main consideration. Joint custody after divorce is now accepted in some Turkish case law, but sole custody remains the usual order.
For international cases, both the UK and Turkey are parties to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. This allows a parent to ask for the return of a child who has been wrongfully taken to or kept in the other country.
Is a Turkish divorce recognised in the UK?
Usually yes. A divorce obtained through court proceedings in Turkey is normally recognised in the UK under the Family Law Act 1986 if it is effective in Turkey and either spouse was habitually resident in, domiciled in, or a national of Turkey when the case started.
If a divorce happened in Turkey but finances were not properly dealt with, a spouse may be able to apply for financial relief in England under Part III of the Matrimonial and Family Proceedings Act 1984, with permission from the court.
Can an English financial order be enforced in Turkey?
Not automatically. The spouse must ask a Turkish court to recognise and enforce the English order in a separate case (tanıma and tenfiz), under the Turkish Law on International Private and Procedural Law (Law No. 5718). The Turkish court checks conditions such as finality, proper service and public policy. An expert can explain these conditions before the English order is made, so it can be drafted in a way that works in Turkey.
Frequently asked questions
Is property split 50/50 in Turkey on divorce?
Not exactly. Each spouse is entitled to half of the net value of the other's acquired property. Personal property, such as property owned before marriage or inherited, is not shared.
Does a house bought before 2002 count?
It depends on when and how it was paid for. The old separation of property rules apply to the period before 1 January 2002, but a contribution claim may be possible.
Is there a time limit to claim a property share in Turkey?
Yes. Claims arising from the property regime are generally subject to a ten year limitation period, which the Turkish Court of Appeal (Yargıtay) counts from the date the divorce becomes final.
Can we divorce in Turkey if we live in the UK?
Turkish nationals living abroad can usually file for divorce in Turkey. The right forum depends on the facts, and specialist advice from both countries is recommended.
Do UK courts need a Turkish law expert in every Turkish divorce?
No. An expert is needed only where a question of Turkish law is relevant and disputed, and the court gives permission.
Get expert evidence on Turkish family law
Canko Law Firm prepares independent FPR Part 25 compliant reports on Turkish divorce, matrimonial property, maintenance and children law, often as a Single Joint Expert. Learn more about our Turkish family law expert service or email info@canko.co.uk.
About the authors: Can Canko is a Solicitor in England and Wales and an Attorney at Law in Turkey (Istanbul Bar). Pınar Canko is an Attorney at Law in Turkey and a Foreign Qualified Lawyer regulated by the Solicitors Regulation Authority.
This article is general information, not legal advice. It reflects the law on the date of publication.
