Uncontested divorce
Preparation of the protocol so that it fully covers custody, alimony, division of property and compensation.
Ankara --:-- · —
bilgi@utuhukuk.com
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Practice Area · 12
Family Law
Uncontested and contested divorce, custody, alimony, liquidation of the matrimonial property regime and protective measures.
Last updated: · UTU Hukuk & Danışmanlık
In divorce files there are three headings that most often give rise to dispute: custody, alimony and the matrimonial property regime. These three affect one another; a concession on one can produce an unexpected result in another. The file is therefore structured as a whole from the outset.
UTU Hukuk & Danışmanlık acts as counsel in preparing uncontested divorce protocols, conducting contested divorce proceedings, custody and the establishment of personal relations, determining the types of maintenance and liquidating the regime of participation in acquired property.
In cases of violence and threats, obtaining a protection order under Law no. 6284 is pursued independently of, and with priority over, the other aspects of the file.
Scope
Which Family Law matters do we handle?
UTU Hukuk provides litigation and advisory services in Ankara in Family Law on the following matters: Uncontested divorce, Contested divorce, Custody and contact, Alimony, Liquidation of the matrimonial property regime, Protection orders and Parentage and adoption. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.
Contested divorce
Actions based on irretrievable breakdown of the marriage, adultery, desertion and the other specific grounds for divorce.
Custody and contact
Determination and variation of custody, establishment of contact arrangements, and assessment of the best interests of the child.
Alimony
Determination, increase, reduction or removal of interim, child and poverty alimony.
Liquidation of the matrimonial property regime
Calculation of participation claims and added value claims under the regime of participation in acquired property.
Protection orders
Applications for measures under Law no. 6284 and objections to such measures.
Parentage and adoption
Actions for paternity and denial of parentage, and adoption applications.
Our services
Our services in Family Law
Authorities
Which authorities hear Family Law cases?
Depending on their nature, Family Law cases are handled before Family Court, Civil Registry Directorate, Civil Court of Peace and Regional Court of Appeal. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.
- Family Court
- Civil Registry Directorate
- Civil Court of Peace
- Regional Court of Appeal
Process
How do we work?
Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.
Preliminary meeting
We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.
Document review
Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.
Roadmap
Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.
Execution and reporting
Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.
Q & A
Family Law — frequently asked questions
Where the marriage has lasted at least one year and the parties are in full agreement on the protocol, it can be concluded in a single hearing. Drafting of the reasoned judgment and its becoming final take additional time.
No. What is decisive is the best interests of the child. Age, the child's views, the parents' capacity to provide care and the existing arrangements are assessed together.
As a rule it may be awarded without a time limit; however, its removal or reduction may be sought if the recipient remarries, starts work or their financial situation improves.
Whose name is on the title deed is not decisive on its own. Under the regime of participation in acquired property, the other spouse acquires a participation claim over the value of property acquired during the marriage.
An application may be made to the police or the family court for a protection and restraining order under Law no. 6284. No divorce proceedings need to have been commenced for such an order.
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Related practice areas
Files rarely stay within a single area. The areas below are those that most often run alongside this one.
11Inheritance LawDisputes concerning the reserved portion, abatement, collusive transfer by the deceased, renunciation of inheritance and division of the estate…View 13Compensation LawPecuniary and non-pecuniary compensation arising from tort, traffic and workplace accidents, malpractice and breach of contract…View 01Criminal LawActing for suspects, defendants and complainants at every stage of criminal proceedings, from the first statement in the investigation…View
Our Publications
Our articles on Family Law
Family Residence Annotation
The institution of the family home, regulated for the first time in the Turkish Civil Code No. 4721, the family in social life (particularly…
14 min readProperty Regime
MATRIMONIAL PROPERTY REGIMES IN MARRIAGE IN GENERAL Under our Turkish Civil Code, in the event of the termination of the marital union, the marital union…
10 min readDivorce Cases (Contested Divorce)
Marriages that begin with great hopes and dreams may sometimes end in divorce. Normally, all individuals…
9 min readProtective and Preventive Measures under Law No. 6284
The protective and preventive measures regulated in Law No. 6284 are in the nature of interim legal protection measures. However…
7 min readAction for Judicial Emancipation (Kazai Rüşt)
Majority has particular significance in our law in terms of having capacity to act. The legal regulation on this matter is as follows…
6 min readMatrimonial Property Regimes: The Regime of Participation in Acquired Property
MATRIMONIAL PROPERTY REGIMES IN THE MARITAL UNION The Turkish Civil Code provides a number of matrimonial property regimes for spouses. If the spouses…
5 min readLet us assess your file together.
At the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.