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ZelalSenguler

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  1. Like
    ZelalSenguler reacted to Eglegal in Certificate of inheritance   
    Hi,
    Here is a quite complicated situation due to the fact that Turkish law does not recognize civil partnership and therefore does not grant inheritance rights to the alive partner.
    Based on this information, it seems that State of Turkey would be the ultimate successor for the assets, unless a will has been written. 
    Regards,   
  2. Thanks
    ZelalSenguler got a reaction from Ken Grubb in Enforcing spousal support/Legal Aid   
    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
  3. Thanks
    ZelalSenguler got a reaction from REDDERS in How to report solicitor   
    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
     
  4. Thanks
    ZelalSenguler got a reaction from IbrahimAbi in Divorce in Turkey - advice please   
    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
     
     
  5. Thanks
    ZelalSenguler got a reaction from IbrahimAbi in Tapu (Property Title Deed) in the Name of a Minor   
    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
  6. Like
    ZelalSenguler got a reaction from IbrahimAbi in Turkish death certificate   
    You Need to apply  population and citizenship directorie where the deceased lived last 

     
  7. Like
    ZelalSenguler reacted to Ken Grubb in Selling property in Bodrum   
    I know of one that I've known for many years, I'll send you the contact info by PM.
  8. Like
    ZelalSenguler got a reaction from Ken Grubb in ildren refuses pay anything ch   
    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
     
     
     
     
     
     
     
  9. Like
    ZelalSenguler got a reaction from elenabk in ildren refuses pay anything ch   
    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
     
     
     
     
     
     
     
  10. Like
    ZelalSenguler got a reaction from Ken Grubb in Inheritance in turkey   
    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  
  11. Like
    ZelalSenguler got a reaction from IbrahimAbi in Inheritance in turkey   
    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. Like
    ZelalSenguler reacted to Ken Grubb in What Are the Requirements for Turkish Citizenship?   
    Everything I've learned about becoming a Turkish citizen, from reading and from personal accounts, is here:
    How to Become a Turkish Citizen
    Have you read that yet?
  13. Like
    ZelalSenguler reacted to Fiona in Married in Turkey want to divorce in UK?   
    Hi is it possible to ask a question about my divorce I also am looking to divorce my husband I married in turkey in 2005 he has never been to the UK and I haven't been back to turkey to see him we both are trying to get a divorce and have been for the last 7 years but still no further forward any advice would be great thanks.
  14. Like
    ZelalSenguler got a reaction from jopedro in 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. Like
    ZelalSenguler got a reaction from essa in Help about Adi sirket (sole trader) registration in Turkey   
    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
  16. Like
    ZelalSenguler got a reaction from Dilek1509 in SCAM Marriage require Divorce ASAP   
    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. 
  17. Like
    ZelalSenguler got a reaction from IbrahimAbi in Divorce..need help   
    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 
  18. Like
    ZelalSenguler got a reaction from IbrahimAbi in SCAM Marriage require Divorce ASAP   
    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. 
  19. Like
    ZelalSenguler reacted to Eglegal in Divorce advise   
    Dear Loopy, 
     
    Based on the information provided, I can say that you do not need to take any legal action in Turkey, as you have already had a absolute divorce decree in UK and you are free to get marry again.
     
    The only scenario which is necessary for you to take legal action is the one that you would like to get marry in TURKEY. This would be required as you still have not have recognised/enforced your divorce decree in Turkey. Thus, Turkish authorities would likely reject your marriage application in this case. 
     
    Regards, 
  20. Like
    ZelalSenguler got a reaction from Dilek1509 in DIVORCE PROCEDURE IN TURKEY WITH QUESTIONS   
    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.
  21. Like
    ZelalSenguler got a reaction from Ken Grubb in DIVORCE PROCEDURE IN TURKEY WITH QUESTIONS   
    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.
  22. Like
    ZelalSenguler reacted to MonicaSandoval in forced marriage and divorce   
    I would say this sounds something exactly out of  Turkish TV series or you have to give him credit for having a wild imaginary mind to come up with this story. I would not believe him one bit but that is just me. I am sure what happened what his family liked you because they knew you were just temporarily and he had his finance in Turkey. Sorry to have this happened to you but I am glad you only invested in him 7 months and not years. 
  23. Like
    ZelalSenguler got a reaction from Ken Grubb in Forming LLC company in Turkey.   
    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
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