Turkish Family Law Expert Witness for UK Family Courts

 

Expert Evidence on Turkish Divorce and Matrimonial Property

 

When a family case in England or Wales has a Turkish connection, the court often needs clear evidence of Turkish law. Canko Law Firm prepares independent expert reports on Turkish divorce, matrimonial property, maintenance and children law. Our reports follow FPR Part 25 and are written in plain English so the judge and the parties can use them.

 

Read our guide: Turkish divorce and matrimonial property explained for UK family cases.

 

Email info@canko.co.uk with your draft letter of instruction or court order for a written estimate.

 

When does a UK family court need Turkish law evidence?

A Turkish law expert report is often needed when:

 

• one or both spouses are Turkish nationals, or married in Turkey

• the family owns a home, land, a business or savings in Turkey

• a marriage contract or property regime agreement was signed in Turkey

• a divorce case has already started, or finished, in Turkey

• a party asks whether an English order can be enforced in Turkey

• a child may move to, or has been taken to, Turkey

 

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What Turkish family law issues do we cover?

 

Turkish divorce law

We explain the grounds for divorce under the Turkish Civil Code (Law No. 4721), including the breakdown ground in Article 166, agreed divorce, how long a case normally takes in first instance and on appeal, and what orders a Turkish court can make.

 

Matrimonial property regimes

Since 1 January 2002, the default regime in Turkey is participation in acquired property (edinilmiş mallara katılma). Before that date, the default was separation of property. We explain which regime applies to each period of the marriage, which assets count as acquired or personal property, and how a Turkish court would divide them.

 

Marriage contracts and prenuptial agreements

Turkish spouses can choose a different property regime by a notarised marriage contract. We explain whether a Turkish contract is valid and what it means, so the English court can decide how much weight to give it.

 

Maintenance and compensation

We cover interim maintenance, poverty maintenance (yoksulluk nafakası), child maintenance (iştirak nafakası) and claims for material and moral compensation on divorce.

 

Children, custody and relocation

We explain custody (velayet) and contact under Turkish law, and how Turkish courts deal with international child cases. Both the UK and Turkey are parties to the 1980 Hague Convention on child abduction.

 

Recognition and enforcement

We explain whether a Turkish divorce or order is final, and what steps are needed for an English order to be recognised and enforced in Turkey through a separate court case (tanıma and tenfiz).

 

Who prepares the report?

Every report is prepared by both of our experts.

 

• Can Canko: Solicitor in England and Wales (2023), Attorney at Law in Turkey (2011), Official Mediator in Turkey (2020), LLB University of Buckingham.

• Pınar Canko: Attorney at Law in Turkey (2010), Foreign Qualified Lawyer regulated by the Solicitors Regulation Authority (2023), Law Degree Marmara University.

 

Family law, divorce, matrimonial property and inheritance are the core of our Turkish practice. We know how these cases run in Turkish courts, and we know what an English family judge needs from an expert report.

 

Is the report FPR Part 25 compliant?

Yes. Our reports comply with Part 25 of the Family Procedure Rules and Practice Directions 25B and 25C. That includes our qualifications, the documents we relied on, a clear answer to each question, a declaration that we understand our duty to the court, and the statement of truth.

 

We regularly act as a Single Joint Expert, which is the usual route in family proceedings.

 

Fees and turnaround

• Expert report, written questions, supplementary reports, attending a hearing: £200 per hour

• Split between parties when acting as SJE: 50% each, one invoice

 

We aim to send the draft report within 14 days of receiving the fee and all the documents. If there is a hearing date, tell us at the start.

 

How to instruct us

1. Send the draft letter of instruction and the court order to info@canko.co.uk.

2. We confirm the questions are within our expertise and there is no conflict.

3. You receive our terms and a written estimate.

4. We prepare the report once the fee is paid.

5. We answer written questions from the parties within the court timetable.

 

Frequently asked questions

 

Does an English court apply Turkish law to divide assets on divorce?

Usually not. A court in England and Wales normally applies English law when it decides financial remedies, even if the couple is Turkish. But Turkish law is still very relevant. It can explain a marriage contract, show what each spouse would receive in Turkey, and show whether an English order can be enforced against property in Turkey.

 

Is a Turkish divorce recognised in the UK?

A divorce granted by a Turkish court is usually recognised in the UK under the Family Law Act 1986, provided it is effective in Turkey and the connection rules are met. The expert can confirm whether the Turkish judgment is final (kesinleşmiş).

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What is the default property regime in Turkey?

For marriages after 1 January 2002, it is participation in acquired property. In simple terms, each spouse is entitled to half of the net value of the other spouse's acquired property, such as savings from salary, when the regime ends.

 

Can one expert act for both parties?

Yes. As a Single Joint Expert we are instructed by both parties, send the same report to both, and owe our duty only to the court.