EMERGENCY DIVORCE

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GENERAL INFORMATION ABOUT DIVORCE IN GERMANY AND ITS RESULTS:

Divorce

The termination of the marriage process made with bilateral declaration of will is called divorce.

The most important concept in divorce is about which law will be applied in the first place because divorce and other cases related to it are strictly linked to citizenship;

Both Turkish citizens residing in Germany and cases related to their personal status are processed according to their national law; The distinct situation of this is the property regime; because the real important thing in the property regime is the citizenship that is subject at the time of marriage, for example, if both parties are Turkish at the time of marriage, even if they are German while divorcing, the property regimes will be resolved according to Turkish law.

Measure alimony;

If the financial situation of one of the parties will fall into poverty with the divorce significantly compared to the other, and the financial situation of the other party is in accordance with this, he is obliged to give alimony to the extent required by law; Such alimony shall be effective until the divorce case is concluded.

For Turkish or German citizens living in Germany, the law to be applied in alimony is German law. In this alimony, the parties can agree or be resolved through the court.

Separation Case (duration);

According to Turkish law, one year of marriage is sufficient for divorce. Apart from that, there is no requirement to live separately for 1 year, whereas German family law requires the parties to live separately for at least one year. After the parties lived apart for one year and both parties agreed to divorce, it is accepted that the marital union was shaken. After the parties have been separated for three years, it is accepted that the marital union is in any case and divorce can take place.According to German family law, divorce without separation for 1 year can only be in certain cases, for example, in case of violence.

Custody

The custody of children is the most crucial point of the divorce, because the national law and residence law may conflict from time to time, for example, when the custody right granted by the application of German law is used together, it is against the public order according to Turkish law, and quite important problems arise because the decision of recognition and enforcement is not made. It is of vital importance that all measures are taken through the court and the law to be applied is determined.

Divorce

Divorce is subject to the national law of the individual, if the spouses are of separate citizenship, the law of joint residence, if not, the law of common habitual residence, otherwise German law applies in Germany.

So parties in general both sides of Turkish divorce if they are resident in Germany carried out according to Turkish law, if the separate citizenship if German law for which they are resident in Germany uygulanmaktadır.yanlış Law enforcement proceedings time in Turkey that applied may be rejected.

Commodity Regime

If the parties have not made any property regime agreement between themselves, it varies depending on the law at the time of marriage. For example, while the parties are getting married, the property regime here will be the regime of participation in the acquired property according to Turkish law.

Retirement Offset

What is in German Law; It is a regulation that is not applied in Turkish law. Here, pension equalization is made for the time the parties are married.

Note: Retirement equalization can always be made, so many years ago after a divorce in Turkey also made pension equalization, where the original is married allowances paid to pension up to the time spent appropriately equitable paylaştırılır.b application of the most beautiful aspects never worked housewife retirement can receive salary.

Participation

Subsidiary alimony is alimony created to meet the expenses of children jointly, it is a type of alimony applied in Turkish and German law. The law applied for children living in Germany is German law. There is a legal table here and accordingly, the amount of alimony is calculated by calculating the amount of alimony. If his situation is not good, other institutions make monthly payments (For example, youth office).

Enforcement Litigation (TURKEY - GERMANY)

Turkey's divorce decree granted in Germany to apply for the enforcement of this decision to be implemented in Germany for gerekir.al bearing citizens, it is necessary for enforcement in Germany of divorce proceedings made in Turkey.

Germany for enforcement action to be taken in case of a divorce in Turkey;
-Original and approved translation of the decision (by apostille)

Prompted a petition with the family court in Turkey, namely a lawsuit gerekir.oys germany only do not need to communicate the decision to open enforcement proceedings upon new documents shall be submitted when we say below.

The divorce case in Turkey, for enforcement action to be taken in Germany;
- Finalized copy of the decision,
Document proving that it has been notified.
- Some German judges also request the defendant party's power of attorney.

Divorce German authorities to enforce the enforcement in Turkey is for whom?

– For Turkish citizens.
– For dual citizens.
– Only for those whose ex-spouse and the spouse they intend to marry are Turkish citizens, even though they are German citizens.

IMPORTANT: Since this article is written for information and guidance on the subject, no responsibility is accepted for any negative consequences that may occur due to misuse or misinterpretation of the content.

Lawyer Yaşar Attack

Source : https://www.turkhukuksitesi.com/makale_849.htm

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