In Wednesday's article I gave some information about how a marriage should be performed in Turkey. I have even met people who thought that marriages were performed legally by imams in Turkey as they are performed by priests in Western countries. I had mentioned that there were several possibilities circling in my mind after reading this letter. How can he get married when he is already legally married? The municipality will check to see whether or not he is already married. Maybe the husband started a divorce case after his wife (she is from Bangladesh and was compelled to leave Turkey due to a visa problem) left Turkey. It is a strong possibility that he started the divorce process based on spousal abandonment. I think I should also mention some very basic facts about divorce and separation in Turkey.
Divorce and legal separation
The terms and conditions of divorce and legal separation are subject to the joint national laws of the spouses. If the spouses have different nationalities, then the laws of the country where their shared domicile is located apply. If the spouses do not have a shared domicile, then the laws of the country where they both have habitual residence apply. If none of these circumstances exist, then Turkish law shall have precedence. Alimony matters concerning divorce and legal separation that are not in the nature of interim measures shall be subject to the national law that is applied to the parties' divorce and legal separation.
What should I do if he gets married illegally?
You can file for the termination of the second marriage if he has somehow married while you were married legally.
Termination of a marriage
Under Turkish law there are three possible ways to end a marriage. The first is the death of one of the spouses. In the event of such a death, the marriage shall end and the birth registration office shall register the remaining spouse as a widow. The second possibility is divorce. The third possibility is termination of the marriage. Termination is only applied in certain circumstances, such as one of the spouses already having been married at the time of the marriage. This is mostly seen in international marriages where one of the spouses is from another country and the other jurisdiction is deceived with falsified documents. It is almost impossible to do this for local marriages, as the authorities check such things automatically through their database system.
Please keep me informed of your situation and let me know if I may be of assistance to you.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.
DISCLAIMER: 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.
