Family Law

Scope of the Practice

Family Law (Aile Hukuku) at Turak Law covers the matters that arise where families with cross-border ties meet Turkish family law. The principal statute is the Civil Code (Türk Medeni Kanunu) No. 4721, with cross-border matters additionally governed by the Private International Law and Procedure Act (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun) No. 5718 and the international conventions Turkey has ratified — most prominently the Hague Convention on Civil Aspects of International Child Abduction (1980). The practice serves clients on marriage recognition, prenuptial structures, divorce, child custody and access, inheritance from Turkish assets, and succession planning.

The CBI client base routinely intersects this pillar at inheritance and succession — a Turkish property acquired through W02 becomes part of the client's global estate, and a Turkish bank deposit becomes a Turkish-sited asset for succession-law purposes. The pillar also serves clients on pre-CBI matters (recognition of foreign marriages relevant to family-inclusion eligibility on the citizenship application) and post-CBI matters (cross-border divorce after one or both spouses acquired Turkish citizenship, child custody disputes spanning two or more jurisdictions, foreign-will recognition affecting Turkish-sited assets).

Specific Services

• Foreign-marriage recognition. Recognition of marriages contracted abroad under Civil Code No. 4721 and Private International Law No. 5718; consular and Nüfus registration.
• Prenuptial agreement counsel. Drafting and review of marital property agreements (Mal Rejimi Sözleşmesi) under Turkish family law.
• Cross-border divorce. Divorce proceedings where one or both parties are foreign nationals; jurisdiction analysis under Private International Law.
• Child custody and access. Cross-border custody, including Hague Convention applications for child abduction; access-rights enforcement.
• Foreign-will recognition (Yabancı Vasiyet Tenfizi). Recognition and enforcement of foreign wills affecting Turkish-sited assets.
• Inheritance from Turkish assets. Heir certification (Mirasçılık Belgesi), partition (Mirasın Paylaşımı), foreign-heir representation in Turkish probate.
• Succession planning. Pre-mortem structuring for cross-border estates with Turkish-sited assets.
• Adoption and family-status matters. Cross-border adoption recognition, name changes, civil-status corrections at Nüfus Müdürlüğü.

Statutory Authority

Cross-Border Considerations

Turkish family law applies to Turkish citizens for personal-status matters regardless of residence — meaning post-CBI clients become subject to Turkish family law for matters involving Turkish citizens, including those previously foreign nationals before the Presidential Decree. Marriages and divorces of Turkish citizens contracted abroad require registration with the Turkish Consulate or Nüfus Müdürlüğü for full recognition inside Turkey. Inheritance is governed by the national law of the deceased under Private International Law No. 5718 — but Turkish real estate is subject to Turkish law regardless of the testator's nationality, a rule that shapes succession planning on W02 portfolios. Foreign wills require apostille, sworn translation, and Turkish court recognition before they can take effect on Turkish-sited assets.