Marriage In Turkish Family Law

In General

Marriage, in legal terms, is a form of contract in which two perons of different sex have agreed to settee a permenant family union before an authorised officer. Following marriage, parties are called husband and wife. Conditions required for a valid contract such as mutual the agreement of the parties are applied for a valid marriage. Yet, as result of being considered as the smallest cell of society by constitution, the marriage and its conditions are specifically regulated in the Turkish Civil Code (hereafter T.Civ.C.).

Conditions for a Valid Marriage

Legal Barriers To Marry are as followed: The persons legally eligible to celebrate marriages should determine that the requirements for a valid marriage exist prior to performing the ceremony.

Marriage Ceremony

Only civil marriages performed by authorized marriage officers are allowed in Turkey and this is safeguarded by the Constitution. The celebration formalities commence with the submission of the necessary documents by the parties to the marriage office at the place where they are residing. The civil authorities then inquire whether impediments to the marriage exist. (T.Civ.C., Art. 134-137) If no impediment exists the marriage may be celebrated, or a certificate of eligibility may be issued which entitles the parties to request celebration of marriage at any time within six months without repeating the preliminary formalities. The marriage ceremony is performed by the marriage officer. The ceremony must be performed in the presence of two witnesses who are of age, usually in the town hall. The authorized person asks the parties the same question, that is, whether they are willing to marry each other. Upon hearing affirmative answers, he then declares the marriage to be enacted . But the marriage is deemed enacted from the moment when the parties have expressed their intention to marry. After completion of the ceremony, the marriage officer issues a certificate of marriage. The marriaze is also entered in the register of personal status of the husband and wife. Marriages may also be performed abroad. Turkish consulates are authorized to celebrate marriages of Turkish nationals. Marriages carried out before foreign marriage officials are also valid.

Marital Right and Duties

According to the Civil Code, spouses are expected to contribute to the happiness of the family and raise their children with cooperative effort. Husband and wife must live together and be loyal and helpful to each other. The duty of cohabitation indicates that the spouses are under the obligation to live together and maintain marital relations.They are expected to provide mutual aid and assistance in meeting problems related to the family as they arise.