What are the differences between English divorce law and Turkish divorce law?

While both English and Turkish divorce laws share some common principles, there are significant differences between the two legal systems. It’s important to note that family law is subject to change, and the information provided here is based on general principles as of my last knowledge update in January 2022. For the most accurate and up-to-date information, consult with legal professionals in the respective jurisdictions. Here are some key differences between English and Turkish divorce laws:

**1. Grounds for Divorce:

  • England: In England, there are mainly two grounds for divorce: fault-based (e.g., adultery or unreasonable behavior) or no-fault-based (living apart for a specified period). No-fault divorce was introduced under the Divorce, Dissolution and Separation Act 2020, allowing couples to divorce without attributing blame.
  • Turkey: Turkish law recognizes both fault-based and no-fault divorce. Fault-based grounds include adultery, cruelty, and other specified reasons, while no-fault divorce can be based on mutual consent or separation.

**2. Residency Requirements:

  • England: There is no residency requirement for filing for divorce in England, but there are jurisdictional considerations.
  • Turkey: Turkish law has residency requirements, and generally, one of the spouses must be a Turkish citizen or both spouses must be foreigners with residence in Turkey.

**3. Alimony (Nafaka):

  • England: In England, alimony is often referred to as spousal maintenance. The court considers factors such as the financial needs, responsibilities, and resources of each party when determining the amount.
  • Turkey: Alimony, known as nafaka, may be awarded to the economically weaker spouse. The court considers factors such as financial need, the financial situation of the parties, and the duration of the marriage.

**4. Child Custody:

  • England: The best interests of the child are the primary consideration in determining child custody arrangements. Joint custody is encouraged, and the court may consider the child’s wishes depending on their age.
  • Turkey: Child custody decisions in Turkey also prioritize the best interests of the child. In many cases, especially for younger children, the court may grant custody to the mother.

**5. Property Division:

  • England: England follows the principle of “fairness” in property division. The court considers various factors, including financial contributions, needs, and the standard of living during the marriage.
  • Turkey: Marital property in Turkey is generally subject to equal division between spouses.

**6. Mediation:

  • England: Mediation is actively encouraged in England, and couples are generally required to attend a Mediation Information and Assessment Meeting (MIAM) before filing for divorce.
  • Turkey: While not mandatory, mediation or conciliation services may be required by the court before proceeding with the divorce process.

These are general differences, and it’s crucial to consult with legal professionals familiar with the specific laws and regulations in England and Turkey for accurate and current information. Family law can be complex, and legal advice is essential to navigate the divorce process effectively.

 

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