Jump to content

ZelalSenguler

Member
  • Posts

    32
  • Joined

  • Last visited

  • Days Won

    7

Everything posted by ZelalSenguler

  1. There is a legal aid programme by bar associations, if your fullfill the criteria that proves you have no income, no goods, no property; than you can benefit from free legal aid services. For more info you need to consult the nearest bar association in your city in”Turkey”. Best Regards Zelal Senguler Attorney at Law
  2. You need to apply Aydın Bar Association with your complain, explain your complains with details and sign it in person. Some Bar Associations may ask application fee, which is probably preventing unnecessary complaint. You should also apply to city prosecutor in Adliye by an accusation against lawyer for his misconduct of duties. However, both complaints will be eveluated. Bar Association will evaluate it whether there is a negligence or misconduct. And prosecutor will eveluate the case if the behaviour is also a crime. Again I reccomend you to work with a lawyer, because its not an easy process can be followed individually. Best Regards Zelal Senguler Attorney At Law
  3. According to the Turkish Law heirs should reject inheritance within 3 months from the death of the deceased one otherwise they will be liable from debts.
  4. Dear Matt, If you can give the location of the property, I may assist you as a lawyer. please do not hesitate to contact [email protected] or +905079767304
  5. Dear Bevan, You do not need to come to Turkey to start divorce process in Turkey if your partner is not willing to divorce by agreement. You do not need a family book since your marriage registered in Turkey. Therefore we need your patner’s I. D. information,especially I. D. number,which is stated at I. D. card or passport. I am myself a family lawyer you can ask your further questions trough whatsapp&mobile +905079767304 or mail to [email protected] since your situatiation includes privacy . And please do not hesitate to ask to Ken who is founder of Turkey Central for my credientials as a lawyer. Best Regards Zelal Senguler Attorney at Law
  6. Dear Mimi, Yes you can have the title deed on your child's name for to do this you and the father has to behave togetherly on his name at title deed office,if you are officially married,and hold custody together. Otherwise who holds the custody has to sign on behalf of the minor. best regards Zelal Senguler Attorney At Law
  7. no recognigation of divorce requires legal action,so with the decision you have to apply British Solicitor who can assist you at this point. Best Regards Zelal Senguler Attorney at Law Turkey
  8. You Need to apply population and citizenship directorie where the deceased lived last
  9. How many ways are there to obtain Turkish Citizenship? There are seven ways to obtain Turkish citizenship. Obtaining Turkish citizenship through birth Obtaining Turkish citizenship through birthplace Obtaining Turkish citizenship through marriage Obtaining Turkish citizenship based on the residence in turkey Obtaining Turkish citizenship through authorities’ exceptional decision Obtaining Turkish citizenship by being adopted by a Turkish National Re-obtaining Turkish Citizenship How can I obtain Turkish citizenship through marriage? According to Turkish Law a foreigner cannot obtain Turkish Citizenship after marrying a Turkish Citizen right away. If you are married to a Turkish Citizen and your marriage continious 3 years or more, you can make an application for Turkish Citizenship. After you make an application,authorities will eveluate whether your marriage real or not than they will decide about the citizenship status. How can I obtain Turkish Citizenship based on my residency in Turkey? If you want to obtain Turkish citizenship through your residency in Turkey, you must check if you meet the conditions stated below: You should be in the age of majority and have the capacity to act either according to your own national law or, if you are stateless, according to Turkish law which requires 18 years old as the age of consent. ( You should have a legal capacity to make an application) You must have been resident in Turkey without interruption for five years preceding the date of your application. You must verify your determination to settle down in Turkey with your manners. You must have no disease constituting an obstacle in respect of public health. You must be of good moral character. You must be able to speak a sufficient level of Turkish. You must have income or profession to provide for maintenance for yourself and your dependants in Turkey You must have no quality constituting an obstacle in respect to national security and public order. Will I lose my origin nationality if I obtain Turkish Citizenship? This depends on the nationality you have. Some countries’ law does not allow you to have dual-nationality and some do, so it is advised to check with your countries’ authorities about up-to-date regulations. Countries that allow dual citizenship Please keep in mind that this list might change according to regulation changes in the countries: Australia Barbados Belgium Bangladesh Canada Cyprus United States(USA) United Kingdom (UK) Switzerland South Korea South Africa (after permission) Egypt (after permission) Greece France Finland Germany (requires prior permission) Iraq Italy Israel Hungary Iceland Sweden Slovenia Syria Serbia Armenia Lebanon Malta Spain (allows only certain Latin American Countries) Tonga Phillipines Sierra Leone Sri Lanka (by retention) Portugal Countries that do not allow dual citizenship (Please keep in mind that this list might change according to regulation changes in the countries): Andorra Austria Azerbaijan Burma Bahrain Botswana Japan China Czech Republic Denmark Fiji India Indonesia Ecuador Estonia Iran Korea Kuwait Latvia Lithuania Pakistan Poland Singapore Slovakia Solomon Islands Malaysia Mauritius Myanmar Nepal Netherlands United Arab Emirates(UAE) Romania Thailand Mexico Nepal Venezuela Norway Zimbabwe Do I have to change my name after obtaining Turkish Citizenship? No, you do not have to have a Turkish name and a surname when you are obtaining Turkish citizenship. What are the documents I need for the Turkish Citizenship application? According to Turkish Nationality Act (numbered 403), a foreigner should meet the following requirements in order to apply for Turkish nationality. Application can be made through our Consular Section or the local Governor’s office in Turkey with the following documents. A document revealing the present nationality of the applicant, i.e. passport or birth certificate. If married to a Turkish national, the official documents confirming the identities and family ties of the spouse and the under aged children. Certification of applicant’s ability to speak Turkish (a certificate will be issued by our Consular Section upon a successful interview of the applicant). A medical certificate confirming the applicant’s good health and being free from any infectious diseases that may endanger the public health (this certificate can be obtained from the local GP or family doctor). 4 photographs Completed application forms which can be obtained from our Consular Section Certification and translation fees. Completed dossiers are transferred to the Ministry of Interior of the Republic of Turkey, which in turn will consider and process the applications on their merits. The applicants will be informed of the outcome by this Consulate in due course. Where can I make my application for Turkish Citizenship? If you are residing in Turkey you must make your application to Governer’s Office in your province ( In some big cities this might change). If you are in abroad you can make your application via the Turkish consulate in your own country. In both cases, your citizenship application will be reviewed by the Turkish Interior Ministry and you will have to go through an interview process. Can I give power of attorney to a lawyer to represent me and make the application on my behalf? Making an application via a representer is possible according to Turkish law. However due to the sensitivity of the process at some stages authorities will need to see you face to face (i.e. interview).
  10. Dear Elena, In Turkey we do not have a religious wedding rules, Religious wedding is an unofficial wedding and is not protected by laws. However, you can claim Alimony for both of the children, ( for the other one, after he/she borned) For yourself you can ask compensanation. To ask for alimony and compensanation, you need first claim the determination case of biological father against of the "father" Also after the fatherhood determined by laws, you can claim a criminal complaint against of him. Because our laws accepted not taking care of the children is a crime as well. Regarding the Turkish Laws, the custody of children who born out of marriage is belongs to mother. So the father can not claim any right over children. So you can travel here. If you want to start a legal process please do not hesitate to contact with me Best Regards
  11. I strongly believe that its another scam mail, If you need any assistance you can contact with me, we can check if this lawyer is really a lawyer at least I am a lawyer registered to Antalya Bar assosciation with the number 2502, and expats here also knows me a bit I suppose
  12. ZelalSenguler

    DIVORCE

    My e mail is [email protected] please send it to my e-mail.
  13. Dear Maif, I travel often to Istanbul, you can contact with me and family law is one of my area of expertise you can call me from+905079767304 if you still require lawyer. Att. Zelal Senguler www.turkishlegalconsultancy.com
  14. ZelalSenguler

    DIVORCE

    Dear Joe, Your husband can not marry again without a divorce decision in Turkey legally, so either he lives with someone without a legal marriage,or divorced from you,which is really really hard and long process with out your presence. Still with some info you can give to me,I can check it. If he divorced here you need that decision recognigised in U. K.if you are still married officially than you have to claim a divorce suit. Att. Zelal Senguler SENGULER LEGAL CONSULTANCY Tel : +905079767304 Meltem Mah. 6. Cd. 9A 14/4 07050 Antalya www.turkishlegalconsultancy.com
  15. My questions are: We were married in Didim, do I need to get divorced in Didim, or if I locate him can I get divorced in Istanbul? (I don't think he will come to Didim) You have to fill your case either your last residence that you live together last six months, or where one party resides, if there is no residence of both parties in Turkey you can claim your case in Istanbul. If you have his pasport copy, your marriage book a lawyer can find out where is his registered residence to send court notifications. I have 2 witnesses, if I can divorce him in Istanbul would they need to travel to the court? Or can I get a notarised statement in Didim from them? if you show those witnesses tfrom . U. K. hey should come to Turkey. If they are already in Turkey and they reside in didim, the court may ask their witness statement shall be taken by court in Didim. How can I protect my property in Didim to leave totally to my daughter, while I sort out my divorce? If you do not want to wait, you can sell it to your daughter, if you die meanwhile your husband could claim a case that you sell the house because of fail of inheritence. If you want to grant the house still your husband's legal portion will still exist. But after your divorce he could not claim any right unless the house has been purchased after marriage How much is this likely to cost me? The court costs and legal fees calculated separately. Legal fees changes trough lawyer and workload Will I be penalised financially because I worked throughout the marriage, (ie must share wealth accumulated during the marriage) while he lost his job 2 days after the wedding? No there is no such rule in Turkey If he does not agree to the divorce, and makes the process take longer, can he liable for my costs? Only the legal costs, he won't be liable for your lawyers fee.
  16. 1. Yes you can live in Turkey after divorce 2. Your resident permit will be changed from family resident permit to short termresident permit. 3. If you divorce you still apply for citizenship regarding general terms within the conditions such as living in turkey last five years without an interrupt, to have good knowledge of turkish, not having a criminal record, able to live and look aftr yourself
  17. I am writing this article with the request of a friend who simply wants me to be more active in the Turkey Central. I do not follow the questions often regrettably so by writing such article hopefully I would contribute a little more, If and if you have more questions, you are always welcome to ask any of your questions over whatsapp +905079767304 This article aims to clarify the matters concerning separation and divorce in relation with Turkish family law. The article touched on the procedures of divorce and also grounds of divorce in Turkey to tell you what you will be faced of with this important decision. Types of Divorce 1. Contentious Divorce Suit One of the spouse may bring a case to the court in order to end the martial relationship. The divorce suits are examined by the Court of Family (Aile Mahkemesi) which has exclusive jurisdiction related to divorcement. The suits must be brought to the court where spouses resided last 6 months or the court situates where the domicile of the applicant is. There are 2 main type of grounds (General or Specific) to divorce which are explicitly mentioned in Turkish family law. A) General grounds: High-conflict divorce Specific grounds: Such as Adultery, Plots against life, grave assaults and insults, crime and dishonarable life, desertion, mental illness. As ordinary contentious suits, spouses should convince the court concerning their rightness and other’s mistake or faults. This Divorce Process considerably stressful and could take over two years in respect to the circumstances carried and requires to be investigated by the court. We apply this process either one party refuses to divorce or when parties can not be agreed at children custody, separation of goods, alimony, or compensanation. Also at this process we need to prove our claim and The party who claims to the divorce suit has to have "righteous reason" and has to prove it, as an instance, if there is a cheating issue, the part that cheats do not have right to ask for a divorce and his/her claim will be rejected. We can give many different examples but court will evaluate all circumstances meanwhile the process continues. Also It is why we generally proceed general grounds, not specific grounds such as cheating, or leaving the house To submit evidences for a high conflict We generally need reasons such as humiliation, assault, irresponsibility, fight, violence, irresponsibility against children, abuse, cheating, also if its necessary claiming other part is ineffective to maintain husband-wife private life. Still its really stresfull and more likely a very hurtfull emotional war, What happens if you are having another life and your wife/ your separeted husband does not want to divorce? In such cases we generally try to prove the other party is the party who is "guilty" Our courts are very strict about loyalty indeed, but if the other party left the house, and did not answered a return call, if this process took years and if you have a new life than court could accept the other party "guilty" So its better to take step to get divorced before establishing a new life always. Can you claim a suit by claiming you have been separeted? Unfortunately separation is not accepted as only reason, to claim a suit with the reason of a separation 1. You must have a previous, divorce case rejected in front of the court. And from this decision you have never come together as husband&wife for 3 years and you need to prove it. What happens to children Custody ? The court will decide it, Our laws does not allow common custody, so the custody will be given either mother or father, But %90 Turkish Courts gives custody to the mother. What happens to the separation of the goods? In our laws after 2002 "if spouses does not sign an specific agreement that declares goods will be separated before or meanwhile the marriage" All goods purchased meanwhile the marriage ( not before, Not any good inherited or being donated before or in the marriage, not the personal jewelers or goods accepted to be personal) accepted as common proprietorship. BUT, the separation of the goods issue only could accept as a claim when the DIVORCE DECREE CERTINIFIED. We most of the time ask both divorce and separation of goods, but for example at the beginning of the divorce case you were angry and just want it to let it go, you have right to claim it as a separate case after divorce decision certinified in a 1 year period. ALSO despite of the common knowledge, parties are not entitled the half of everything owed together. The court will calculate the pertange, regarding the amount you pay for them. Now you can ask a question, what if I do not work but my husband does? In Such circumstances, the court will calculate your pertange over the minimum wage. Compensation& Alimony The party who has been abused, being cheated, insulted, violated or any how damaged either emotionally or monetary, could ask a compensation with the case. Alimony, is given to children, and women generally, I do not have sample that a man receives alimony. The court will check parties financial situation at decision, sometimes couples hides ownings or jobs or its shown at minimum wage, so you need the prove your husbands income to get a good amount of alimony other wise its generally given 100-200 Usd per child These are main questions but if you have more you can ask directly. 2. Uncontested Divorce (Consensual Divorce) One of the spouse may apply to the court by submitting separation agreement and property settlement concluded among them. If none of objection will arise, spouses could be divorced in accordance with the provisions of the separation agreement and property settlement with consensus. To get divorce by Uncontested divorce process, You need to agreed 1. Children Custody 2. Separation of goods 3. Alimony 4. Compensation, If you come to agreement this issues, you can be divorced in 10 days and be free. 3. Judicial Separation The spouse who has right to bring a divorce case may demand judicial separation. The judge may also order judicial separation if there is a possibility that the spouses could live together in the future. Judicial seperation may be obtained on almost on the same grounds of divorce and the court relieves the petitioning spouse from the duty of cohabitation. 4. Recognigation of Foreing Divorce Decree if you already divorced in another country regarding to the receiprocity and mutual international agreements the decision could be recognised in Turkey. But if you have such intention, please be carefull that, the decison taken from abroad should be given by the court, and signed by a judge, and no common custody given. The Consequences of Divorce There are many legal consequences of divorce. Some of them are personal in nature: The wife will have her own independent domicile, while the both spouses keep the majority acquired by marriage. The wife resumes maiden name. She may however keep the family name of the husband if she convince the court that it will not damage to her husband. She can also preserve the nationality which has acquired during the marriage. Also the court can decide alimony to the spouse for indefinite time period. Unlike USA, there is no joint custody in Turkey, therefore custody must be granted to one of the spouse which is convenient for custody of the child.
  18. Dear Shola, It will be my pleasure to assist you to register company in Turkey, There are different type of companies first we need to select the type that fullfills your requirements.
  19. Dear Panerea, unless tge decision of canadian court recognigised in Turkey your marriage continues in Turkey. Either you or your partner can apply recognigation process. To get a valid recognigation decision 1. The decision has to be given by "court" and "signed by a judge" (not an officer ect) The decision has to be certain an last decision. (Not subject to any appeal or higher court application) And it has to be a divorce decision that ends marriage with all results (seperation and divorce in turkey different cases, sometimes couples can get decision of separation, without ending marriage. AND IT HAS TO BE VALID REGARDING TURKISH LAWS. (We do not give common custody) alinony compensanation child custody and share of property issues has to be written at the decision. So if your decision carries those conditions there is no reason to apply divorce here again. AND THERE IS NO RULE HERE THAT YOUR HUSBAND CAN DIVORCE, WITHOUT YOU. OUR FAMILY LAWS ARE STRICT AND REQUIRES BOTH COUPLE HAS TO BE READY AT AT LEAST ONE HEARING EVEN THEY HAVE BEEN REPRESENTED BY A LAWYER. I STRONGLY RECOMMEND EITHER DIVORCE OR GET A RECOGNIGATION HERE. BECAUSE IF ONE DAY YOUR CHILD ABDUCTED BY YOUR HUSBAND OR YOU SEND HIM TO HOLIDAY AND THEY DO NOT WANT TO GIVE HIM BACK YOU CAN NOT CLAIM YOU HAVE THE CUSTODY ALONE....you can contact wirh me [email protected] or+905079767304 if you seek further legal assistancy.
  20. Firstly i do not recommend anyone "adi sirket" because when you establish adi sirket you will be responsible its all debts personally, but if you establish limited or joint stock, your company will be responsible from own debts...which means simply in worst case scnerio,in any debt arisen that you can not pay the receivable people can not go, your ownings, your home, car, will ect.. But if you really want to establish adi sirket, other than tax number, you need to give an establishment statement either to tax office and trade registry office in your city, hire an accountant..if you need assistance you can directly write to me
  21. To get a work permit by a company establishment your company's min capital should be 100.000 TL, you have to own min % 40 of the shares and you have to hire at least 5 turkish citizen in addition to elagal's info
  22. Yes, as far as they can obtain work permits, therefore not all companies could get work permit for workers, they have to full fill conditions of ministry of labour
  23. Its not possible that land owner break the door and change the lockers. Its a crime. The only way land lord can do is to start debt collection procedure against of her ask her to leave the apartment. Other than threatening or scaring people also a crime, she can make a complaint at local police with this regard.
  24. I do not use Turkey Central very often, its not because I do not want to, but I have things to do generally:) So let me introduce myself briefly, I am an Attorney at Law, living in Antalya, lived as an expat in different countries... And I know very well what it means when nobody speaks your language unless they try to sell something :)or being in local friend group, that speaks five minutes in English but after they turn to speak their local language which makes you feel, you are in the mid...

    1. academylin

      academylin

      Aaaaaaah, I see what you did there!

      :)

  25. Nice group with an Admin who is have very good knowledge about procedures,facts in Turkey. very Usefull

×
×
  • Create New...