Family Law

FAQ's

Yes. If the person who broke the decoration has no justifiable reason, or if the engagement is broken due to a reason that can be attributed to one of the parties, the defective party is obliged to compensate the other party in return for the expenses and financial sacrifices he has incurred. According to the law, the party whose personal right has been attacked due to the breach of the Order may request an appropriate amount of money to be paid as non-pecuniary compensation from the other defective party.

Yes. Persons acting as parents or the parents of the party entitled to compensation under the Civil Code may also seek appropriate compensation for their expenses.

Yes. In the event that the engagement ends for a reason other than marriage, unusual gifts may be requested back.

According to the TMK, the lawsuit rights arising from the termination of the engagement expire by one year after the expiration.

Contracted divorce takes place with the agreement of the spouses who want to divorce on divorce, financial consequences of divorce and custody. For this, the spouses must be married for at least 1 year and have an agreement on all matters.

While the divorce proceedings continue, one of the heirs of the deceased spouse can continue the case and prove the other spouse's fault.

The divorced woman uses the surname before her marriage. However, if the woman was a widow before marriage, she may ask to be allowed to bear the surname of celibacy.

The spouse who has the right to open a divorce case may request a separation decision instead of divorce. For the spouse who wants separation, the judge does not make a divorce decision.

The party who forgives the adultery spouse has no right to sue. The periods of 6 months and 5 years are stipulated for the divorce case to be filed due to adultery.

If the spouse does not pay the alimony ordered by the court, then the execution proceedings should be initiated, the payment order should be sent and the lien proceedings should be started. Since a single enforcement follow-up to be made for alimony will be valid for the alimony that will arise later, it will not be necessary to start a follow-up again.

No one can be deprived of his freedom for economic reasons. However, alimony debt is not covered by this rule. If the alimony debts are not paid, the spouse has the right to complain if the alimony receivable is not paid. As a result of this complaint, the court will give a separate penalty for each unpaid alimony.

In alimony cases, if the courts decide on a fixed alimony, the amount of alimony remains very small or high according to the conditions of the day, such as inflation, changes in the income situation or needs of the people. In this case, with the lawsuit to be filed, the judge will re-evaluate the alimony according to the conditions of the day and make a decision.

The house, which is a family residence, cannot be terminated unilaterally without the express consent of the other spouse. The house, which is the family residence, cannot be transferred without the express consent of the other spouse and the rights on the family residence cannot be limited.

The spouse's doing household chores, taking care of the children, working unpaid in the other spouse's job are taken into account in determining the amount of contribution. These contributions may be required for the past year and for years to come.

The parties can conclude the contract regarding the property regime before or after marriage.

Acquired property is the assets values obtained by each spouse by paying for it during the continuation of this property regime. The most important issue in property sharing; when, how the parties obtained their property and when they got married. This topic is very detailed. Whether the goods were received before marriage; whether it is inherited or not; whether there is a donation; purchased by the sale of a property purchased before marriage, inherited, donated or purchased before 2002; It is a notarized contract between the parties that has not been received; all details are important as it is not.

If one of the spouses died or the parties switched to another property regime among themselves, the property regime ends. Apart from these, if the marriage is canceled, divorce has occurred or if the property has been separated, the property regime ends.

When arranging custody, the benefit of the child is paramount. The age of the child is very important for custody. If the age is young, the child is usually given to the mother. Because; the child needs maternal care. However, custody can be given to the father if it is proven that the mother cannot take care of the child or leads a life of dignity.

Establishing a personal relationship does not depend on whether or not child support is paid. This is a legal right. Although the spouse cannot pay the alimony, he can see the child.

No. A perfect or less defective woman or man, whose current or expected interests are damaged due to divorce, can file a lawsuit for pecuniary damages. For this reason, a man with perfect or little defects may also seek financial compensation due to divorce. Again, the party whose personal rights were damaged due to the events that caused the divorce, may request moral compensation from the defective party. An example is the case of a man who was cheated on by his wife.

If the fault of the male or female side who will fall into poverty due to divorce is not more severe, they will be able to request alimony. Here, it is important that the alimony creditor's fault is not more severe. In addition, according to the law, the fault of the maintenance person is not sought.

The alimony given as a result of the divorce case is not a definite provision. In cases where the financial situation of the parties changes or in cases where equity requires it, it may be decided to decrease or increase the will. Changes in the living standards of the alimony creditor or obliged party may be requested to change the amount of alimony due to economic conditions.

“In order to protect your rights, you can contact our law firm for detailed information on the subject. Lawyer Senem YILMAZEL "