Turkish divorce law advice

Dear Sir, I am looking for some help and advice on divorcing my Turkish husband. We got married in Turkey in 2007, he got a settlement visa for two years and we had a son in 2008. However, our marriage broke down, due to cultural differences, language barriers, etc. We began to fight and argue a lot so he left our home in the early part of 2009.

He left myself, our son and my daughter from a previous marriage in a house I could not afford on my own and left me with huge bills and debts. He then returned to Turkey; his visa has now expired. For the past year, we have not spoken much. The times we do, we starting fighting again. He has not sent me any money to help support his son or even asked about him.

However I have now heard from him he wants a divorce. We have spoken on almost good terms and made an arrangement that I will go to Turkey to divorce him (without my son, as I am worried about his safety). He has a friend within the courts that can help us with the divorce. He has stated he wants to see our son for one month every year, paying for our transport to come out to Turkey, has agreed to pay my bills and debts before we get divorced and will help me financially.

I have not spoken to a solicitor as I cannot afford to pay the fees. I am getting more and more in debt so I am desperate to get these debts paid off. I am willing to accept the arrangements and go to Turkey to get divorced; however, I am worried about the safety of my son and the possibility of him taking him away from me.

Also I am not sure I trust him and the divorce papers not knowing the Turkish language, I will have no idea what I will be signing. Also I have no idea what to expect of the divorce system in Turkey and the laws there. He wants me to answer by Tuesday at the latest so he can book my flight tickets ASAP.

I am unsure whether I should try to organize an English-speaking solicitor to help me while over there, but as I mentioned I cannot afford to pay. I was going to put it to him as a condition of our divorce and ask him to pay for a solicitor, or do you think I will be ok without one? Can you help me or provide any advice? Many Thanks.

I feel that your husband is now going to get married and this is why he is contacting you to get a divorce. Therefore he is in a hurry.

A couple can get divorced through a settlement agreement under Turkish law. In order to get this kind of divorce, both the wife and the husband should agree and declare that they want to divorce. Moreover, the spouses should have settled on all aspects of the divorce (such as custody, financial matters, etc.) that may become a dispute between the parties during the divorce case procedure.

The right of divorce with settlement is only granted to couples who have been married for more than one year.

However, I should underline that you have a very strong position in this case to argue that your husband abandoned you in the UK and left without any support, either sentimental or financial. Abandoning a spouse is a just cause for divorce for the spouse who is abandoned. Your husband should be aware of this and be ready to sign a settlement which will satisfy you.

Generally speaking, it is not required that you be represented by a lawyer before a civil court. However, I would strongly recommend that you consult with a lawyer when drafting the settlement agreement.

Your husband can pay for the fees of your lawyer, and this can be a part of the settlement agreement. Having said that, please be careful not to appoint a lawyer chosen by your husband. You should find your lawyer on your own. This will give you better communication with your lawyer.

Berk Cektir http://www.berkcektir.av.tr/ The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ info@berkcektirlaw.com