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Marriage in Turkey is a legally binding process that takes place in the presence of a marriage officer and witnesses, and it is completed when the parties express their positive intentions. Marriage is also a family law contract.
The Civil Code sets forth certain requirements for marriage; individuals who have reached the age of 18 and have full legal capacity are fully eligible for marriage, while individuals with limited legal capacity and minors who have not reached the age of marriage yet have limited eligibility for marriage.
If individuals lacking legal capacity to marry, the marriage in Turkey will be void. If a person is permanently lacking legal capacity, absolute nullity occurs, while relative nullity occurs only when lacking legal capacity during the time of marriage.
The process of marriage in Turkey is governed by the Turkish Civil Code, which is one of the fundamental laws regulating the institution of marriage. The Civil Code regulates the establishment, termination, rights, and obligations within the marital union.
Certain conditions must be fulfilled for the establishment of marriage in Turkey. According to the Turkish Civil Code, marriage must be conducted with the consent of eligible individuals and through an official marriage ceremony. There are conditions such as the absence of an impediment to marriage and the free and voluntary giving of consent.
The institution of marriage in Turkey entails rights and obligations between spouses. Spouses have mutual obligations such as fidelity, mutual assistance, and loyalty. Furthermore, within the marital union, there is a system of property regime. According to the Turkish Civil Code, the provisions regarding property regime regulate the division of property between spouses and determine how the assets will be divided in case of the termination of the marriage.
Marriage in Turkey can be terminated for various reasons. The Civil Code specifies the process and grounds for divorce. Divorce is a legal process that requires a court decision and certain conditions, durations, and requirements. Additionally, in case of the termination of the marital union, the division of property must be carried out according to the provisions of the property regime.
Marriage is a protected institution under the Turkish Civil Code. The law also regulates the rights of spouses and the protection of children within the marital union. Legal protection is provided in cases of violence, harassment, or abuse between spouses.
In conclusion, marriage in Turkey is a legal institution regulated by the Turkish Civil Code. The rules of marriage determine the establishment, termination, rights, and obligations within the marital union.
Turkish Civil Code Article 124: A man or woman cannot marry before reaching the age of seventeen. However, in extraordinary circumstances and for significant reasons, a man or woman who has reached the age of sixteen may be allowed to marry by a judge. If possible, the opinions of the parents or guardians are heard before making a decision.
Marriage is an important institution in society with various legal and social consequences. The institution of marriage in Turkey is regulated by the Turkish Civil Code, and certain requirements must be met.
The normal minimum age for marriage in Turkey is set at 17. Article 124/1 of the Civil Code states, “A man or woman cannot marry before reaching the age of seventeen.” There is no maximum age limit for marriage in Turkey, as long as the individuals have the capacity to give consent.
Article 124/2 of the Civil Code states, “However, a judge may permit the marriage of a man or woman who has reached the age of sixteen in extraordinary circumstances and for significant reasons. If possible, the opinions of the parents or guardians are heard before making a decision.”
In summary, if a person has reached the age of 16, there are extraordinary and significant reasons, and it is possible, the judge may grant permission for marriage after hearing from the legal representative. The competent court to apply for marriage permission is the Family Court in the place of residence of the applicant.
Another important requirement for marriage in Turkey is that there are no legal impediments to the marriage. Certain situations specified in the Civil Code prohibit marriage in Turkey. For example, being already married or being within a marriage union, being relatives, among others, can be obstacles to marriage. Additionally, conditions such as mental or physical disabilities may affect the capacity to marry.
One of the most essential requirements for marriage in Turkey is the consent of the parties. Marriage should be based on the free will of the parties. It is important that the parties willingly and willingly express their intention to marry. Marriages that are conducted by force or without consent are not legally valid and can be annulled.
In Turkey, an official marriage ceremony, known as a civil ceremony, is also a requirement. Marriage in Turkey is solemnized through official civil ceremonies conducted by municipalities. During these ceremonies, the identification documents and necessary paperwork of the marrying couple are requested, and a marriage certificate is issued. Marriages conducted solely through religious or other ceremonies without an official civil ceremony do not have legal validity.
The marriage requirements in Turkey can be summarized as follows:
These provisions outline the fundamental requirements to consider for getting married in Turkey. The institution of marriage carries significant legal and social consequences in society, hence the need to fulfill certain requirements. It is highly recommended to get marriage counseling to eliminate legal problems.
Turkish law sets out legal impediments to marriage, which are listed between Articles 129 and 133 of the Civil Code. Additionally, certain diseases are specified as an impediment to marriage in the General Health Law.
One of the legal impediments to marriage in Turkey is the prohibition of marriage between ascendants and descendants, siblings, uncles, aunts, and nephews. Even siblings who share only one parent cannot marry each other. It is also forbidden to marry the ancestors and descendants of the former spouse, even if the marriage has ended, which constitutes a legal impediment to marriage.
There are no legal impediments to marriage between relatives by marriage, and a person can marry their former spouse’s sibling after divorce. However, marriages between an adopted child and the adoptive parent or between an adopted child and the biological child of the adoptive parent are prohibited.
Anyone wishing to remarry must first prove that their previous marriage has ended. Unless it is established through an official medical report that there is no medical impediment, mentally ill individuals cannot marry.
Some of the legal impediments to marriage are not absolute but conditional impediments. Waiting periods and contagious diseases fall under these impediments. Article 12/1 of the Civil Code states, “If the marriage has ended, a woman cannot marry until three hundred days have passed since the end of the marriage.” This provision aims to consider the maximum gestation period. The waiting period begins from the date the divorce decision becomes final. If the woman is pregnant, the three-hundred-day period automatically ends.
The General Health Law regulates certain contagious diseases as a legal impediment to marriage in Articles 123 and 124. If a marriage is conducted despite these diseases, the marriages are still valid. These mentioned diseases are conditional impediments to marriage.
Turkish and foreign nationals who wish to get married in Turkey should pay attention about marriage in Turkey for foreigners to the following points to avoid potential legal issues:
When these conditions are met, after marriage in Turkey for foreigners process; foreign spouse can lead to the acquisition of Turkish citizenship by marriage. The application for Turkish citizenship by marriage is made to the Turkish authorities in accordance with relevant legislation and procedures.
Turkish citizenship can be obtained following a Turkish and foreign marriage. However, certain conditions are required for this. The mentioned situation pertains to a marriage between a Turkish citizen and a foreigner, rather than a marriage between individuals of the same nationality.
The conditions for acquiring Turkish citizenship by marriage are regulated in Article 16 of Law No. 5901 on Citizenship. According to this article, if a marriage in Turkey for foreigners is in question, the foreigner applying for citizenship must have been married to a Turkish citizen for at least three years, the spouses must be in a genuine family union, the foreigner must not engage in activities contrary to the marriage union, and the foreigner must not pose a threat to public security.
If these conditions are met, the person seeking to acquire Turkish citizenship by marriage can apply through the Governorship of the place of residence. The following documents are required for the application:
You can visit our Turkish Citizenship page for detailed information on this topic.
If a marriage between a Turkish citizen and a foreigner is entered into solely for the purpose of benefiting from certain rights provided by marriage without a genuine intention to marry, it is considered a sham marriage.
Even if it is performed through an official marriage ceremony and a joint declaration, a marriage conducted for this purpose is considered a sham marriage. An example of this is a marriage carried out without a genuine family unity solely for the purpose of obtaining Turkish citizenship by marriage.
If it is proven that the marriage is superficial, the abuse of rights is also proven. Therefore, it should be deemed that citizenship has not been acquired. As a result, the residence permit and the other marriage in Turkey for foreigners transactions will be invalid .
There may be various legal issues in a Turkish citizen’s marriage to a foreigner. Here are some important points to consider:
Determining international legal elements and competent courts is important for post-marriage issues such as divorce, property division, and child custody. These issues and legal matters mentioned are general considerations that may arise in Turkish and foreign marriages. However, since each case can be unique, it is important to getting marriage counseling for precise and detailed legal information and advice.
The marriage in Turkey for foreigners is subject to the country’s laws and regulations. In order for marriage in Turkey for foreigners, they must first obtain a document called “Certificate of No Impediment to Marriage” from their respective embassies or consulates in Turkey. This document confirms that the foreigner is legally eligible for marriage and has no legal impediment such as a previous marriage.
After obtaining the document, the couple can proceed with the marriage ceremony before the competent Turkish authorities. If the marriage in Turkey meets the legal requirements in the foreigner’s own country, it will be recognized there.
It is advisable to getting marriage counseling regarding the fulfillment of all legal requirements for marriage in Turkey and any specific issues that may arise during the marriage process.
When two foreigners plan to marry in Turkey, the following points should be considered for the answers of How To Marry in Turkey For Foreigners:
These points mentioned are general aspects to consider of how to marry in Turkey for foreigners. However, marriage procedures and legal requirements may vary depending on the circumstances. Therefore, it is important to seek accurate and detailed marriage counseling from a lawyer.
For individuals with imigrant status in Turkey, including asylum seekers, refugees, and stateless persons, all marriage procedures in Turkey are governed by Turkish laws. Official marriages conducted by Turkish authorities are subject to the Turkish Civil Code and related regulations.
According to the provisions of Law No. 5718 on International Private Law and Procedural Law and Law No. 6458 on Foreigners and International Protection, individuals under temporary protection who wish to marry can apply to the Provincial Directorate of Immigration Administration in their respective provinces.
They should submit an application along with a marriage eligibility certificate indicating their current marital status based on the updated information in the records held by these institutions. Upon fulfilling these requirements, the official marriage procedures can be carried out at the relevant marriage registration office.
It is highly recommended to get marriage counseling to eliminate legal problems.
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