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A Comprehensive Guide to Legal Protections, Entitlements, and Misunderstandings
Divorce can be an emotionally exhausting and socially challenging process—especially for women. In Turkey, however, the law offers a wide range of protections and rights to ensure that women are not left vulnerable at the end of a marriage.
But what exactly are those rights?
What kind of financial support, child custody arrangements, or housing protections does the law provide?
To find the answers, we consulted Attorney Cansu Gönültaşı, a respected member of the Ankara Bar Association, who shared valuable insights based on both legal knowledge and real-life cases. This guide is crafted to empower women navigating divorce with clarity and confidence.
Basic Legal Rights of Women During Divorce in Turkey
Women in Turkey are legally protected under the Turkish Civil Code, Constitution, and related regulations. These rights apply regardless of social status or income level.
1. Right to Alimony (Nafaka)
Alimony is one of the most critical issues for women post-divorce. There are different types of alimony under Turkish law:
Temporary Alimony (Tedbir Nafakası): Paid during the legal process.
Poverty Alimony (Yoksulluk Nafakası): Granted after divorce to a spouse—typically the woman—who falls into financial hardship.
Child Support (İştirak Nafakası): For the care, health, and education of children.
“A fair alimony decision secures a woman’s life stability after divorce,” says Atty. Gonultasi.
2. Right to Compensation
Women may seek material and moral compensation depending on the circumstances of the divorce.
Material Compensation: For financial losses directly caused by the end of the marriage.
Moral Compensation: For emotional damage or harm to personal rights.
Even women who did not work during the marriage have the right to seek compensation if the divorce was primarily caused by the husband’s fault.
3. Custody Rights
In most cases, the mother is granted custody of the children, especially if they are young. However, Turkish courts always prioritize the child’s best interest, not gender.
That said, courts often consider the woman’s caregiving history, living conditions, and financial stability.
4. Property and Asset Sharing
In marriages conducted after January 1, 2002, the shared property regime applies. This means all assets acquired during the marriage—regardless of whose name is on the title—are shared equally.
“Being a housewife doesn’t diminish a woman’s share in marital assets. Her unpaid labor is fully recognized by the law,” explains Gonultasi.
5. Right to Stay in the Family Home
Even if the house is legally owned by the husband, the wife may request the right to stay in the marital home until a new arrangement is made.
Placing an “family residence” annotation (aile konutu şerhi) at the land registry offers extra legal protection.
Additional Legal Protections for Women
Housing Rights
If a woman has no place to go, the court can grant her the right to reside in the family home temporarily.
Protection Orders Against Violence
Under Law No. 6284, women who face domestic violence or threats can seek restraining orders or protection orders from the court.
Right to Maintain Contact with Children
Even if custody is granted to the father, the mother has the legal right to maintain scheduled visitations.
Access to Legal Aid
Low-income women can apply for free legal aid via local bar associations and obtain an attorney for the divorce proceedings.
Common Legal Pitfalls for Women in Divorce
Attorney Gonultasi identifies several frequent mistakes women make:
Proceeding without a lawyer: Many women agree to unfair terms without understanding their legal entitlements.
Skipping property division: Some women neglect claiming their rightful share of jointly acquired assets.
Requesting insufficient alimony: Without financial planning, they may accept alimony that doesn’t meet their needs.
Losing child custody due to weak representation: This often happens when the woman is working and can’t present enough care evidence.
Top Tips from Attorney Cansu Gönültaşi
“Divorce is not the end of the road; it’s the beginning of a new journey. Women must act not only with courage but also with awareness,” says Gonultasi.
✅ Her must-follow advice:
Don’t sign anything before consulting a lawyer.
Understand your rights before filing.
Never agree to “quick divorces” without addressing finances and custody.
Demand fair alimony and compensation—it’s your right.
Make sure your voice is heard in child custody decisions.
Frequently Asked Questions (FAQs)
Q: Can a woman waive her alimony rights?
Yes, but it must be done voluntarily and in writing. Once waived, it’s hard to reclaim.
Q: Does being a housewife limit a woman’s financial rights?
No. Turkish law considers housework and childcare as unpaid labor with economic value.
Q: Can a woman request an alimony increase later on?
Yes. If her financial condition worsens, she can apply for an increase through court.
We would like to thank Attorney Cansu Gönültaşı for generously sharing her legal expertise and experiences. Her dedication to women’s rights and legal empowerment continues to inspire clients and colleagues alike.
🔗 Source: www.e-haber.net
🧭 Category: Law & Women’s Rights
📍 Location: Ankara, Turkey
👩⚖️ Legal Consultant: Atty. Cansu Gönültaşı (Ankara Bar Association)
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