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Turkish Divorce Proceedings?


gulsum67

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Hello

I married my husband in Turkey 17 years ago, I am English and he's from the South of Turkey. I acquired a special blue marriage license from the registrars office in England and went over and got married in their local town hall, however, he moved back to Turkey two years ago and married again under the Muslim religion.

I am now trying to get a divorce from this man but don't know how to go about it.

I have the red marriage book but don't want to contact him or go over to Turkey to see him or his family. Can anyone tell me how I can do this and who I should contact.

Thank you,

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Hi Gulsum67 and welcome to our forum. You can legally divorce him in the UK on the grounds of desertion or adultery as your Turkish marriage is legally recognised in the UK. However, although you will be legally divorced in the UK unless you get the UK divorce recognised in a Turkish court you will still be considered married in Turkey.

Adultery

Your husband or wife had sex with someone else of the opposite sex, and you can no longer bear to live with them.

You can’t give adultery as a reason if you lived with your husband or wife for 6 months after you found out about it.

Desertion

Your husband or wife has left you:

  • [*]
without your agreement [*]without a good reason [*]to end your relationship [*]for more than 2 years in the past 2½ years

You can still claim desertion if you have lived together for up to a total of 6 months in this period

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Those are very difficult Abi , they involve considerable periods of delay , similarly proving adultery can be difficult. The easiest way is based on her husbands "unreasonable behaviour" this is the method of choice for most couples and the easiest to comply with in law.

You can get a divorce on the basis that your spouse has behaved in such a way that you cannot reasonably be expected to live with him. This is usually referred to as an unreasonable behaviour petition. If you want to rely on this ground for divorce, your petition must contain six allegations of unreasonable behaviour by your spouse.

This a quote from the guidance notes :-

If you have alleged unreasonable behaviour give:

• details of a course of conduct, or, particular incidents, including dates, but it should not be necessary to
give more than about half a dozen examples of the more serious incidents, including the most recent.

You do not need a British solicitor to conduct a straight forward British divorce you can fill the form in your self and just ask a solicitor for guidance this can save you an awful lot of money.

If you have no intention of marrying another Turk then just get a British divorce and let him stew. Good luck

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Surely the fact that he left & is now living with another woman as if married (although not "legally") should be sufficient reason for a divorce?

A divorce in the UK should be the answer for you Gulsum, if you don't intend to return to Turkey. It's in the ex's interest to chase a divorce in Turkey ...... surely ?

??? Posted Image

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You're absolutely right Meral Posted Image

Abi, most property/money issues are dealt with by mediation because it is is much less expensive than a court trial or a series of hearings.

Ancillary matters (property/money/ children etc are decided separately from the divorce itself in UK divorce law.

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That makes sense Aston Posted Image ! Is it possible for couples (those on speaking terms, of course) to work out their own property settlement to mutual satisfaction?

Since I used to come across a lot of these in my work in AU, I'm always curious about how other systems work.

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All couples whether they are on speaking terms or not must now go to mediation this has been in force for some time and is completely separate from the divorce, here is the background.

Family Law Act 1996 was brought in to steer more people into mediation to resolve the problems of divorce and separation.

The move towards mediation was given further impetus when, in 1999, Lord Woolf produced his important report called "Access to Justice". It set out a number of shortcomings he found in the current legal system. Amongst other things, he found it to be:-

  • [*]
Too expensive [*]Too complicated [*]Too adversarial [*]Too slow

Lord Woolf suggested mediation in appropriate cases as a way to overcome these shortcomings. Since then mediation has been used more and more. To day you cannot go to court with out mediation having taken place. Often mediation cuts out court altogether apart from the ratification of agreements

Mediation has no set format and as you say Meral, the mediator helps the parties to work out their own settlement to their satisfaction so that no one feels hard done by.

As of April 2013 Legal aid for legal advice and representation will no longer routinely be available in the UK for the
following cases:-
• Divorce and judicial separation proceedings
• Financial proceedings on divorce or dissolution of civil partnership
I think I have covered it all Posted Image
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Thank you Aston -- very informative !

In Gulsum's case, if she gets her divorce in the UK, presumably she will still be "married" in Turkey, unless her ex gets a Turkish divorce. But if he doesn't bother to do so, presumably, if he dies, Gulsum could theoretically make a claim on his estate ? (Wouldn't this be interesting?)

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That 's a really interesting thought meral , Posted ImagePosted Image

I am sure that there are lots of women/men who obtain British divorces and never divorce in Turkey. I certainly wouldn't be helping an ex to obtain an Turkish divorce especially if he had done me wrong (as the song goes) . Posted Image

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