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Family Law: Divorce, Maintenance, Custody and Property Division

Protect your rights with attorney support in divorce, maintenance, custody, property division and protective measures.

Att. Mesut İlme · Published 13 September 2026 · Türkçe

Family Law Topics

You can find detailed information and calculation tools on the topics below.

Divorce Cases

Uncontested and contested divorce proceedings, the stages of the case and your rights.

Types of Maintenance

Maintenance calculation, actions to increase maintenance, and information on every type of maintenance.

Custody Law

Child custody, arrangement of personal contact, and modification of custody.

Property Division & Marriage

The participation in acquired property regime, marital agreements and the law of engagement.

Protection & Violence

Restraining orders and protective measures under Law No. 6284.

Inheritance Law

Division of an estate, actions for abatement (tenkis), wills and renunciation of inheritance.

Why Work with a Family Law Attorney?

Managing the Legal Process

Conducting court proceedings in line with the rules of procedure prevents the loss of rights.

Framing the Right Claims

Correctly calculating maintenance, property division and compensation claims is critical.

Current Legislation

Up-to-date legal support that follows Court of Cassation (Yargıtay) case law and legislative amendments.

Family Law Consultation

Speak with our attorney about divorce, maintenance, custody or protective measures. You can book an appointment online.

Our Family Law Articles

Concealing Assets in Divorce: Protecting the Participation Claim

How is a spouse's transfer of property to a third party before divorce treated under the Turkish Civil Code (TMK) Art. 229 and Art. 241? Proof, preventive measures, and the routes for bringing an action against the third party.

Divorce Case Costs and Court Fees 2026: An Item-by-Item Breakdown

In a divorce case, the court fee, the expense advance and the evidence advance are three separate items. The amounts item by item under the 2026 tariffs, the limits of legal aid, and who bears the litigation costs at the end of the case.

Requesting Interim Maintenance: A Guide to the Petition, Process and Timing

The procedural side of an interim maintenance request: claiming it in the divorce petition, during the proceedings, or in a separate action under TMK Art. 197; the competent court, the court fee, the start date, objecting to the interim order, and how it converts once the judgment becomes final.

Expert Reports and Hearing the Child in Custody Cases: The Social Inquiry Report, Objections and Court of Cassation Criteria

Who prepares the social inquiry report (SİR) in a custody case and by what method; the two-week objection to the report and the route to a second report; taking the child's views according to their capacity of discernment rather than their age; the principle that siblings are not separated; and a fresh report in custody modification, explained through decisions of the 2nd Civil Chamber of the Court of Cassation read in full text.

Extraordinary Matrimonial Property Regime: Court-Ordered Transition to Separation of Property (TMK Arts. 206-212)

Transition to separation of property by court order at the request of one spouse: the just causes under TMK Art. 206, the non-contentious procedure before the Family Court, the fixed court fee, the decision taking effect from the date of the request, liquidation of the previous regime, and the relationship with the divorce case.

Contribution Claim: Property Claims in Marriages Concluded Before 2002

Between spouses who married before 1 January 2002, separation of property applied, and the claim for that period is a contribution claim rather than a participation claim. Its conditions, the ratio calculation, valuation as of the date of the action, and the methods of proof.

Family Law Case Law

Can a Law No. 6284 Protective Order Be Extended Without Reasons? Violation Found for Boilerplate Rejection of Objections

The Second Section of the Constitutional Court (AYM) unanimously found a violation of the right to a reasoned decision under Article 36 of the Constitution in a case where a preventive measure order issued under Law No. 6284 had been extended without interruption in six-month periods since 2018, the extension requests rested on one party's unilateral statement, and every objection was rejected with a single-sentence boilerplate reason referring to "the nature and extent of the hostility between the parties." The decision is FAVORABLE to the person subject to the measure. Retrial was ordered as the remedy, while the compensation claim was rejected on the ground that a retrial would provide sufficient redress. The standard the decision sets is this: the fact that no evidence or documents are required for the initial measure order does not mean the same flexibility applies to decisions that continue the measure. In extension decisions that keep a measure in force for a long time, whether a new fact capable of leading to violence exists must be examined in more detail than at the initial stage, and the required standard of reasoning must rise. An extension decision that merely refers to "pending investigations" without discussing the nature of those investigations, the timing of the complaint or report, or whether the person acted contrary to the measure, together with an objection authority's decision rejecting the objection without any concrete assessment, does not meet the guarantees of the right to a reasoned decision.

Do Audio Recordings and Screenshots Count as Evidence in a Divorce Case?

The 2nd Civil Chamber of the Court of Cassation ruled in favor of the wife in a divorce case with counterclaims, overturning the allocation of fault established by the Regional Court of Appeal (BAM). The decision is significant because it addresses, one by one, the digital evidence most frequently submitted in divorce files. The Chamber held that the audio recording submitted to prove the spouse's trust-undermining conduct amounted to covert ambient recording, that it therefore counted as unlawfully obtained, and that it could not form the basis of the judgment. The messages submitted to the file as screenshots were likewise denied evidentiary value, because it was unclear who had written them and which numbers were involved, and the other side had not expressly acknowledged them. The Chamber also stressed that an emoji sent as a "like" to a well-known person on social media cannot, on its own, be treated as trust-undermining conduct. Since the call and text message records contained no supporting finding and the witness statements did not confirm the allegation, attributing this fact to the wife as fault was found improper. As a result, the judgment was reversed on the ground that, in the events leading to the divorce, the husband should be found predominantly at fault and the wife less at fault. The decision favored the wife, who had appealed to the Court of Cassation, and the basis for the compensation awarded to the husband thereby fell away. Because the husband had waived his compensation claims during the proceedings, his appeal objections on that point became moot. The decision was unanimous.

An Annual Increase Rate for Maintenance Was Requested but the Court Did Not Rule: What Does the Court of Cassation Say?

In this dispute arising from a divorce case with counterclaims, the 2nd Civil Chamber of the Court of Cassation examined the Regional Court of Appeal's judgment from three angles. The court of first instance had ordered that the post-divorce alimony awarded to the wife be increased each year at the producer price index (ÜFE) rate. On appeal, the wife's application concerning the amount of maintenance was accepted and the monthly alimony was raised from TRY 8,000.00 to TRY 10,000.00, but when the court re-ruled on the merits it made no ruling at all, positive or negative, on the wife's request for an annual increase rate. The Chamber expressly excluded this omission from the parts it "found correct" and reversed the judgment on this point. In the same decision, the amounts of pecuniary and non-pecuniary damages awarded to the wife were also found to be low in light of the principle of equity and Articles 50 and 51 of the Turkish Code of Obligations (TBK, Law No. 6098), and were reversed on that ground. The decision is FAVORABLE to the wife as the maintenance creditor: a new ruling is required both on the compensation items and on the increase rate. Its practical value lies in showing that the increase rate is not a rule that operates automatically but a separate request that must be made and ruled upon. The decision was given unanimously on 24 March 2026.

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