FAMILY LAW · DIVORCE
Legal Remedies and Finality in Divorce
Appeal (istinaf), appeal on points of law (temyiz) where available, finality and registry procedures. Implementation, and the effect of a death during the case.
Request a Consultation on DivorceLegal Remedies, Finality and Post-Judgment Procedures
An appeal (istinaf) may be filed against the judgment of the court of first instance within the statutory period; where the conditions provided by law exist, an appeal on points of law (temyiz) may also be filed. The scope of the application may relate only to the divorce ruling or to particular consequences such as custody, maintenance and damages. Which ruling has become final and how a partial application for a legal remedy affects the other rulings is determined according to the content of the judgment.
The marriage ends when the divorce ruling becomes final. The certificate of finality, notification to the civil registry, personal status and surname, the performance of obligations, if any, and enforcement procedures must be followed separately after the judgment. A divorced spouse’s return to the previous surname or, where the conditions are met, a request to use the surname of the former spouse is assessed with regard to personal status.
Not every ruling of the judgment on maintenance, damages, delivery of the child, personal contact or assets may be subject to the same route of implementation. Whether finality is required, the method of enforcement and the notification to the relevant institution must be determined ruling by ruling.
Death of One Spouse While the Case Is Pending
The death of one of the spouses while a divorce case is pending may have special consequences for the marriage and for inheritance. Under Article 181 of the Turkish Civil Code, if one of the heirs of the deceased spouse continues the case and the fault of the surviving spouse is proved, the consequences concerning the inheritance rights of divorced spouses may apply.
In this situation, who may continue the case, the claims that may be asserted, the scope of the examination of fault and the effect on inheritance must be determined by assessing the divorce file and inheritance law together.
Consultation and Scope of Services
Summarize the events in chronological order; if there is one, state the notification, the judgment and the approaching time limit. Before sharing sensitive documents, the necessary scope and the method of sharing must be determined.
Advisory work, litigation, legal remedies and post-judgment matters, as well as fees and expenses, are agreed separately.
Request a ConsultationLegal basis
Depending on the nature of the claim, the Turkish Civil Code and the relevant provisions on procedure, protection and private international law apply together.
This content is general information. It does not replace a review of the specific file. Submitting an inquiry alone does not create an attorney–client relationship and does not stop statutory time limits.