Family Law, is a branch of law that regulates family relations and defines the rights and responsibilities among family members. This field covers topics such as marriage, divorce, alimony, custody, property regimes, adoption, and guardianship. Regulated within the framework of the Turkish Civil Code, family law aims to protect individual rights within the family, ensuring a balanced and fair continuation of the social structure. Expert legal advice in matters like divorce, custody, and alimony is essential to prevent potential loss of rights.
Key Topics in Family Law
- Divorce:
Divorce is the legal process of ending a marriage. Divorce cases are classified into contested and uncontested divorces. In uncontested divorces, the parties mutually agree on all terms, while contested divorces may involve disputes over property division, alimony, and custody. Factors such as the economic situation of the spouses, the status of the children, and the reasons for the dissolution of the marriage are considered in divorce decisions.
- Custody
Custody determines which parent will take responsibility for the care and education of the child in the event of divorce or separation. Custody can be granted to the mother, the father, or both parents through joint custody, depending on the best interest of the child. In custody cases, the child’s age and the financial and emotional status of the parents are evaluated.
- Alimony
Alimony is the financial support provided to a spouse or child after divorce or separation. The types of alimony include poverty alimony, child support (participation alimony), and temporary alimony. The amount is determined based on the financial situation of the parties, their living standards, and needs. If a party fails to fulfill their alimony obligation, enforcement proceedings can be initiated.
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- Guardianship
Guardianship is a legal arrangement where a guardian is appointed to protect the rights of minors or legally incapacitated individuals in legal transactions. A person under guardianship cannot perform legal actions without the approval of the guardian. Guardianship cases are typically filed for minors or individuals with mental or physical disabilities.
Benefits of Family Law Consultancy
- Divorce Cases: Legal support is provided in both contested and uncontested divorce cases to ensure that the parties do not suffer any loss of rights.
- Custody and Alimony Claims: Expert guidance is offered in the process of obtaining custody and determining alimony amounts.
- Guardianship Proceedings: Legal consultancy ensures that the rights of individuals under guardianship are protected, and that the appointment of a guardian is carried out according to the law.
Since family law regulates the most personal and sensitive aspects of individuals’ lives, seeking professional legal advice during these processes is crucial for the protection of rights and the resolution of potential disputes.
