Family Law

Family law is a field of law that deals with family-related issues and is part of civil law. The main topics of family law are the conditions of marriage, engagement, the conditions and consequences of divorce, family home, property regimes, lineage, guardianship, adoption, child support, guardianship, custody, legal counsel and maintenance. Additionally, despite being a separate area of study, the rights of children and women are also within the scope of family law. Let’s explain in detail what family law is.

What is Family?

Before discussing family law, it is necessary to explain what family is. Family is known as the smallest unit of society. It is a social structure. The smallest families consist of children, father and mother. New nuclear families emerge as children grow up and get married. Essentially, we can define family in three different ways. These are narrow-sense family, broad-sense family, and the broadest-sense family. Narrow-sense families consist only of spouses. Broad-sense families consist of spouses and children. Broadest-sense families are individuals who live under the same roof and are subject to the authority of an individual who strives for and supports the safety, peace and happiness of the family.

The characteristics of a family include:

• Each family is known as a small social system.
• The family environment is filled with love, warmth and sacrifices.
• People’s process of adapting and preparing for social life starts with family.
• Family has an established social order framed by unwritten laws and social norms.

What is Family Law?

Let’s explain what family law is about the subject. Family law is a field of law that deals with any matter related to the family, included within the scope of civil law. The topics of family law include engagement, marriage, conditions and rules of marriage, conditions and rules of divorce, family dwelling, guardianship, family dwelling, alimony rights, legal counseling, guardianship, alimony, and other matters. In addition, child rights and women’s rights are also included in family law. Issues such as surrogate motherhood, domestic violence, child abuse and child abduction, which are explained in the context of child rights or women’s rights, are also dealt with in family law. All disputes arising from family-related matters are resolved in family courts. Family law is an area that regulates human relationships within the family. The state must take various measures to ensure the safety, well-being and peace of the family, especially the protection of mothers and children and the implementation of family planning.

What are the characteristics of family law?

Family law elements encompass:

• Equality between spouses.
• State intervention.
• Lack of freedom of regulation.
• Protection of the weak.
• Unity.
• Continuity.

Why is there Family Law?

The resolution of family law disputes outlined in the Turkish Civil Code falls under the jurisdiction of Family Courts. Thus, all divorce cases are opened in Family Courts, regardless of the reason for divorce. In districts where there are no Family Courts, civil law courts are also responsible for handling divorce and separation cases. Divorce is the termination of a validly established marital union by court decision, based on the reasons and conditions outlined in the law, upon the request of one of the spouses.

The importance of family law is quite high. It allows for the preservation of the family union in a peaceful and secure manner. It is regulated in Article 41 of the Constitution. In the Turkish legal system, family law is divided into three different parts in the second book of the Turkish Civil Code numbered 4721. These are marriage law, guardianship law, and relationship law.

What are the Principles of Family Law?

Regarding the principles of family law, we can say the following:

• Continuity principle: The relationships subject to family law are continuous relationships, due to their characteristics. Because the family is also a spiritual, moral, and religious basis.
• Unity principle: In a narrow sense, we can say that members of a family do not have a place in family law on their own. Because each individual is part of a family.
• Protection of the weak principle: This principle is established in the law as the protection of children and parents.
• No freedom of regulation principle: In this context, the parties cannot regulate their relationship outside of the civil code. Relationships cannot be changed by agreement between the parties.

What Cases Are Heard in the Family Court?

The aim of the family court is to ensure the protection of the family, the disabled, and children. Cases heard in family court generally include:

• Protection and removal of the child and woman.
• Adoption and termination of foster relationship.
• Denial of paternity.
• Paternity case.
• Change of family surname.
• Implementation or removal of a mortgage on the family home.
• Removal of the waiting period for the divorced woman.
• Financial and moral compensation claims filed after divorce.
• Annulment of marriage.
• Maintenance case.
• Custody case.
• Property regime case.
• Divorce case.

At AVD Law Office, we offer legal advice in many areas of family law, including consensual divorce cases, marriage contracts, contentious divorce cases, property regime contracts, maintenance and compensation claims, annulment of marriage, protection of the family, child rights, women’s rights, change of custody, property regime cases, paternity cases, etc. Our lawyers are experienced and experts in family law, and we are always by your side!