What is Family Law?
Family law is a branch of law that deals with all matters concerning the family and falls within the scope of civil law. The main subjects of family law are marriage, engagement, marriage conditions, divorce conditions, family residence, adoption, custody, child or alimony, guardianship, legal advice, alimony. Although women’s rights or children’s rights need to be evaluated separately, they fall within the scope of family law. Extramarital affairs have no rights.
Family law is a branch of law that deals with all matters concerning the family and falls within the scope of civil law. In addition, the main subjects of family law are marriage, engagement, marriage conditions, divorce conditions, family residence, adoption, custody, child or alimony, guardianship, legal consultancy, alimony. Although women’s rights and children’s rights should be evaluated separately, they fall within the scope of family law. In addition, extra-marital affairs do not have any rights.
What are the Features of Family Law?
Why Does Family Law Exist?
Family courts are in charge of family law disputes according to the Turkish Civil Code. Therefore, regardless of the reason for the divorce, all divorce cases should be filed in family court. In places where family courts are not available, first instance civil courts are also in charge of dealing with divorce and divorce cases. Divorce is the termination of a validly concluded marriage, upon the request of the other spouse, by a court decision based on the reasons and conditions stipulated in the law.
Why Family Law Matters, Its Topics
This discipline is one of the most important branches of law that protects both sides of the marriage. This is a system that works to resolve family issues legally. These problems, which are classified within the scope of civil law, are resolved by family law. This discipline; It has laws that determine the whole process and rules in matters such as engagement, marriage, divorce, property acquisition, adoption, custody, alimony, guardianship. It does not only deal with marriage, but also deals with issues such as engagement or cohabitation outside of wedlock, children out of wedlock. Children born into the world are born with equal rights even if they are out of wedlock. Other subjects studied in this discipline include; In addition, domestic violence, child abduction, having a child through adoption or artificial insemination, surrogacy, child abuse, children’s rights are examined.
Family Housing
It is a permanent living space where a civil marriage man and woman live together and spend their common lives together. Even if the couple has more than one house, only one of them is the family residence, the house where they live intensely. Places such as huts, summer cottages, chalets where one lives from time to time are not considered family homes. Even if this record is not included in the document, the family residence is the house where you and your spouse live. But if your spouse sells that house, it can have two consequences. If the buyer knows this is a family home, you can take action to cancel the sale. If he does not know, the goodwill of the buyer is preserved and the transaction cannot be cancelled. For this reason, marking the family residence in the document will undoubtedly prevent the loss of rights.
Cheating Status
A marriage concluded by marriage requires an obligation of sexual fidelity. Cheating (adultery) is the greatest crime against marriage and infidelity. Therefore, it is an absolute ground for divorce. If the judge is convinced of adultery, he will annul the marriage without giving any other reason. In the event of a divorce due to adultery, the judge may decide to reduce or eliminate the remainder of the property of the adulteress from the liquidation of the property. After divorce, spouses usually have the same rights to residual value, i.e. However, if one of the spouses is guilty of adultery, the judge may reduce the amount or remove it altogether. The same is true for divorce because of life purpose.
Uncontested Divorce
If you want to remarry and divorce your divorced spouse, the one-year period for an uncontested divorce is determined by the duration of the last marriage. The foundation of the marriage cannot be revoked if the marriage has lasted at least one year, if the spouses apply together or if one of the spouses agrees otherwise. In this case, in order to make a divorce decision, the judge must listen to the parties and determine that their will is freely expressed and an acceptable agreement, and that the parties agree on the economic consequences of the divorce and the conditions of the divorce. Children If these conditions are met, the judge will decide to divorce.