General Framework of Divorce Law

Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

Divorce is the termination of a valid marriage by court judgment. In addition to specific grounds such as adultery and desertion, the Turkish Civil Code provides for fundamental breakdown of the marital union as a general ground. The ground relied upon changes the facts that must be proved, the assessment criteria and, in some cases, the applicable time limits. Divorce proceedings are therefore not all examined within an identical legal framework.

Divorce by agreement does not depend solely on the spouses declaring that they wish to divorce. Article 166(3) TMK requires the marriage to have lasted at least one year, the judge to hear the spouses personally and to be satisfied that their wishes have been freely expressed. The judge must also approve the arrangements concerning the financial consequences of divorce and the children. In contested proceedings, the assessment is based on the alleged facts and lawfully obtained evidence.

During proceedings, interim measures concerning accommodation, subsistence, management of property and protection of children may be ordered under Article 169 TMK. These measures are not the same as the final effects of a divorce judgment. The child's interests govern parental responsibility and contact. Claims for pecuniary or non-pecuniary compensation and post-divorce maintenance are subject to their own statutory requirements; granting divorce does not automatically require each of these claims to be allowed.

Liquidation of the matrimonial property regime is assessed separately. Termination of marriage does not mean that all the spouses' assets are directly divided equally. The applicable regime, acquisition dates and sources of the assets determine the liquidation calculation. This distinction between the personal effects of divorce and property-related monetary claims matters for understanding the judgment's scope correctly.

Legal Basis: Turkish Civil Code No. 4721, Arts. 161–166, 169, 174–175, 182.

This article has been prepared for general legal information purposes.