Are the Time Limits for Divorce and Division of Property the Same?

Matrimonial Property Regimes and Division of Property

Prepared by: Constantinople

No. Divorce, recognition of foreign divorce, maintenance, compensation and matrimonial property claims cannot be assigned the same time limit. It is incorrect to infer from recognition solely of the end of marriage that every monetary claim is also unlimited in time. Each claim's type, governing law and commencement date must be identified separately. Earlier waivers, agreements or final judgments also matter. It is incorrect to attach a general ten-year application period to recognition of the part of a foreign divorce ending the marriage.

For participation claims governed by Turkish law, a ten-year limitation period is generally considered; finality of a Turkish divorce judgment is an important starting point. This does not mean there is one ten-year rule for every claim between spouses. Recognition of foreign divorce in Türkiye, different types of claims and interruption or suspension are examined separately. Limitation should also not be confused with ownership itself or a forfeiture period.

Under Turkish law, limitation and a forfeiture period are not the same. Under Article 161 of the Turkish Code of Obligations (TBK), a judge cannot consider limitation of the judge's own motion unless it is pleaded. The defences advanced therefore require examination as well as which period runs for which claim; expiry of time on a calendar does not automatically mean every action will be dismissed.

In a paid review, we first clarify 'which right are you seeking, and arising from which event?' and identify in writing the dates and records to check for each claim and any remaining uncertainty. Judgment and finality dates, service records, agreements, payments and previous application dates are needed. Mention any approaching deadline in your first message; scheduling a broad review may require separate assessment of urgent action. Postponing an application in reliance solely on a general online time limit is inappropriate. Deadlines should be calculated after identifying the documents and legal character of the claim.