As Han & Partners Law Firm, we provide legal consultancy and advocacy services to our clients in Family Law disputes, primarily as a Divorce Lawyer and related claims, Custody Cases, Guardianship Cases, and Property Regime Liquidation Cases.
Family Law disputes are a very important area of law for both the parties to the case and the society with the legal consequences arising both during the litigation process and at the end of the litigation process.
Our law firm provides result-oriented advocacy and legal counseling services in Family Law in line with the demands and needs of our clients.
Family Law disputes are generally regulated by the Turkish Civil Code and regulate the relations of individuals in the family environment.
Family Law is the branch of law that deals with all disputes arising from the relations between the person’s mother, father and other blood relatives and in-laws, whether the person was born within the marriage union or outside the marriage union.
Family Law, which regulates the “family”, which is the core of society, and related cases have very important consequences in terms of their results.
For this reason, it is very important to get legal support from the beginning of the disputes in order to eliminate irreversible consequences and damages for both the family and the person in Family Law disputes.
Some of the services we offer to our clients in the field of Family Law are as follows:
- Divorce Case (Uncontested Divorce / Contested Divorce)
Divorce is the termination of the marriage union of husband and wife by a judge’s decision.
The divorce case is called an Uncontested Divorce Case when the parties mutually agree to divorce, and a Contested Divorce Case when one of the parties does not want to divorce or cannot agree on the terms of the divorce.
In both the Uncontested Divorce Case and the Contested Divorce Case, one of the reasons in the Turkish Civil Code must exist in order for the judge to decide on divorce.
These are
- Breaking the foundation of the marriage union,
- One of the spouses commits adultery (sexual intercourse outside marriage),
- One of the spouses has made an attempt on the life of the other, or has committed gross mistreatment or degrading behavior,
- One of the spouses commits a humiliating crime or leads a dishonorable life,
- When one spouse leaves the other,
- Divorce can be filed if one of the spouses suffers from a mental illness that would make the continuation of the marriage unbearable and this illness cannot be cured.
- Custody Case
Custody includes the duties, powers and rights of the parents over the person and property of minors in principle and, exceptionally, of adult children restricted by a court decision, in order to ensure their care and protection.
As a rule, the right of custody of minors (minors) is jointly held by the parents as long as the marriage union of the parents continues.
In the event of the dissolution of the marriage union, for example in a divorce case, the court will also decide on the fate of the custody of the child.
Even if the marriage union continues, in some cases, there may be a lawsuit only for the custody of the child.
In this case, the subject of the lawsuit is only about the removal of the custody of the person who has the custody of the child (minor) or the acquisition of the right of custody of the child to the mother or father who does not have the right of custody.
Adult persons are also under custody in some cases.
In the event that the court has not appointed a guardian for the persons who are restricted by the court decision although they are adults, the restricted adults are also under the custody of their mother and father.
- Guardianship Case
As a rule, restricted natural persons are not under guardianship and are under the custody of their parents.
However, in some cases, the right of custody of the restricted adult person or the minor who is not restricted may be taken from the mother and/or father and a guardian may be appointed to the restricted person by a court decision.
In these cases, the subject of the guardianship case is the appointment of a guardian for the minor or restricted adult or the removal of the existing guardianship.
- Property Regime and Liquidation
One of the consequences of the marriage union is that the spouses are subject to the legal property regime.
In cases where the spouses do not choose the property regime, the spouses are subject to the “Regime of Participation in Acquired Property”.
In the event of the dissolution of the marriage, one of the parties may request liquidation, or, as is most common in practice, liquidation of the property regime may be requested as a separate case with the divorce case or after the divorce case is finalized.
- Alimony Case
In connection with the marriage union, one of the spouses may request alimony in the divorce proceedings or as a separate action, or may request an increase in the existing alimony or a reduction or abolition of the amount of alimony.
Claims for alimony may be brought at any time under certain conditions.
When the alimony claims are for children, it is called alimony of participation, and when it is for one of the spouses, it is called alimony of poverty.
As Han & Partners Law Firm, we provide legal counseling and legal consultancy services in the aforementioned and other Family Law disputes and cases.
You can get legal counseling and advocacy services by contacting our office.