Marriage officer; if it is municipality, president or the officer assigned for this duty, if it is village, autonomous person. City Civil Registration and Population Directorship, Civil Directorship, Turkish Consulates and Represent Offices can be authorized with marriage duty. In case one of the spouses has foreign originality, municipality marriage office and civil registry directors are authorized.
Marriage Qualification and Requirements
A man or woman who is not bound to another person’s guardianship can marry if they complete 18th age. They do not need to have consent of any person. Besides;
If they complete their 17th age, they can marry with the consent of their parents/guardian.
If they complete their 16th age, they can marry with the permission of the Judge.
Judge can give permission to marry after hearing parents/guardian.
However; persons who is not capable of make decision, or persons who is 15, can not marry even if they get permission from the court.
1. Being Relative;
a- Between upper and lower descents; between brothers/sisters, uncle, aunt and nephew/niece,
b- Even if the marriage creating “in law affinity” ends, between one of the couple and the other’s upper and lower descend,
c- Between adopted and one these lower descend or his/her spouse,
2. Being married;
The person whose status is “married” according to the civil registry, can not marry again. During the application, marriage limitation will disappear in case death of the previous spouse, divorce, court decision. However, as long as these mentioned incidents is not registered into the family civil registration boards, persons can not marry again.
3. There is legal wait-term for the woman;
A woman whose marriage is null, is divorced or her husband is dead, can not marry again in 300 days. However, if woman gives birth in this 300-day period, this wait-term will no longer valid.
4. In case of being “lost”;
Spouse of the missing person should wait for another marriage until the relevant court decides that their marriage is terminated.
5. If there is no health report;
Due to the General Health and Hygiene Law’s 24/4/1930 dated and 1593 serial numbered articles, with the 17/8/1931 dated and 11682 serial numbered Board of Ministry decision, Regulation of Marriage Health Check says marriage process can not be completed without the proper health examination.
6. Mental diseased persons can marry if there is no health report saying that there is no medical inconvenience against their marriage.
Required Documents in the Marriage File:
a) Two copies of marriage document.
b) Sample of Turkish ID with picture.
c) Health report from government or private health institutions.
ç) Free-will document.
d) Passport-size picture (4 pieces)
e) Civil Registry Sample or marriage license.
If you do not get health report, you are not allowed to marry.
For the marriages of persons who have mental disorder, after having health report from the board of health they are allowed to marry.
If the marriage of the couple depends on the parent’s permission, they must submit a petition showing parent’s consent during the application. If this consent petitions includes their signature, the officer should confirm the signatures. Consent petitions can only be signed before the marriage officer. By this way, the officer confirms the signatures. If one of the parents is dead, signature of the alive or of the guardian is enough. If the consent letter is signed by the guardian, court verdict is required by the marriage officer and added in to the file.
Passport size picture should be appropriate to the guidelines. You must submit four pieces pictures and you should not wear any cloth covering your face. They must be taken in last 6 months. Women’s picture with headscarf is accepted as long as their forehead, chin and face are apparent.
Civil registry samples arranged based on family registry board by the Civil Registry, show person’s full record and their marriage condition. Therefore these documents can be accepted as an evidence which shows there is no against condition for the marriage. Marriage officer asks for civil registry sample from the each applicant and attach it to the file. Couples can not marry based on the single ID card evidence.
A document arranged properly, authorized legally and including the person’s name, surname, parents name, birth date, and information about if there is no legal restraint, given by the foreign official departments for the relevant foreign originated person, is accepted as Marriage license.
In case, marriage officers believe that they are submitted false/fake documents, documents sent to the Consulate/Representment ship of the relevant country by the Ministry of Foreign Affairs so as to get authorization of authenticity.
Stateless, immigrant persons and persons with failed citizenship status, should have authorization from the official departments in which their records are being kept due to the Marriage Code’s 13th article.
Original marriage licenses should be saved in the marriage files.
Marriage licenses given by the foreign departments will be processed due to the Marriage Directory’s article 20.
Procedures and Investigations During The Marriage Application
Marriage officer will receive the marriage request forms and application documents. Upon this initial step, the officer will consider if those documents were arranged properly, and if they contain correct information. If marriage license was demanded, the officer should check whether there is difference between the Turkish ID and this license. The officer will consider also age matters. If marrying persons are not at the minimum age level, the officer will search for the required permissions from parents or the court. The officer will check the Turkish ID Sample and endorse it. Then, the petition will be accepted and registered. Due to the application line, the couple will be noticed about the actual marriage date / time for ceremony.
Advertising is not required to implement the marriage.
Marriage Permit Document
At the end of file investigation, if there is no obstacle for the marriage and they submit all required documents, couples are given their declaration form as signed and authorized upon their demand.
Couples having this type of document can marry without arranging such a marriage file in or outside of Turkey.
The document is valid for 6 months. Expiration date should be specified on the document. The married couple who used this document during the marriage should notify marriage office in 15 days.
Refusal of Marriage
Marriage officer can refuse to continue marriage process if any obstacle determinated after evaluation of the spouse’s file due to the Marriage Directory’s article 15. The spouse notified about the reason immediately. Marriage can not be completed unless spouses prove the obstacle reason is irrelevant or it is not exist. If the obstacle reason is because of a missing procedure in the civil registry board of the family, the marriage process can not be completed unless this procedure is complete.
Marriage Duty and Authority in Abroad
If the local law accepts the authority of marriage process of Turkish Consulate, marriage authority is given to the Turkish Embassy in abroad.
Honorary consuls do not have authority for marriage process.
Marriage by a Foreign Authority
Turkish citizens living outside of Turkey, or one Turkish citizen and one foreign origin person can marry before the foreign country marriage officers. This type of marriage is valid unless it has a condition which is inconsistent with Turkish Civil Law and unless there is no reason for the marriage to be null.
These types of marriages should be declared to the closest Turkish Consulate or Represent Office in maximum in 30 days with the official marriage document which is taken from the foreign institution. Foreign Turkish Represent Office should arrange the marriage document properly and then sent it to the civil registry directorships.
Marriage declaration in case if there is no Foreign Represent Office in that country, or if a declaration is not made to the Represent Office; marriage document issued by the foreign officers should be translated into Turkish by the certified sworn translator and should be sent to the civil registry directorship.
Marriage of Foreigners in Turkey
In Turkey, one Turkish citizen and a foreigner, or persons from different foreign countries can only marry before a Turkish officer.
Persons from the same country can marry in their own country’s Consulate or represent office as long as their national civil law allows them to marry outside of their country. Besides, they can marry before the Turkish marriage officers.
If foreigner’s marriage demand is accepted by the Turkish marriage office, Turkish Civil Law’s conditions apply to foreigners as if they are Turkish citizen.
Marriage of Stateless Persons or Person Who Has No Clear Citizenship
Marriage requests of stateless persons, refugees, persons whose citizenship status is not clear, accepted by the marriage officers.
Their marriage ability status will be checked due to the relevant foreign registries and civil registries if available. They can be given marriage license issued by the General Directorate.
Marriage Contract and Its Method
Spouses, who want to marry, should apply to the Marriage Office located in one of their residence town. However, they are in different cities, or one of them is in abroad, they can apply separately. In this case, separate Marriage Offices should correspond to each other about the situation and share information.
In both Marriage Offices, all required documents get prepared and combined in one single file. Then, this file will be sent to the Marriage Office where the final process takes place.
Turkish citizens residing in a village or town and wants to marry with a foreign origin person can apply to the marriage offices in their central city or county municipalities or county civil registry directorate.
Application by a Represent
Person who intended to marry, can hire a legal represent to follow marriage process.
For this purpose, the person should arrange special power of attorney paper. This paper should include identity of legal represent and spouse and purpose of this paper must be written on it.
Method in Application
You can apply by submitting the properly arranged and signed “marriage statement”. One of the spouses or their legal represents can make the application.
If both spouses are ready during the application, the marriage officer can confirm the signatures of both people.
If one the spouse is not present during the application, but his/her signature is already on the application form, the signature on the declaration form should be authorized by the district autonomous person or notary public. If marrying person who is not present during the application is worker or an officer, his/her signature should be authorized by their superior chief.
Spouses are required to submit photo identification. Otherwise their application will not be accepted.
The application can also be verbal. In this case, verbal application before the marrying officer should be transferred into declaration paper then signed by the spouses. Marriage officers authorize these signatures.
Marriage declarations should be written otherwise process will not start.
Handicapped Persons (unable sign)
If one of the marrying persons is not able to sign the document, finger print of forefinger of the left hand is taken to where the signature required. If the person carries a stamp, this stamp is also applied. If the persons do not have forefinger on the left hand, finger print order; thumb, middle finger, ring finger and pinkie finger. If the left hand does not carry any finger, finger print of the existing finger is taken according to the given order. If there is no left hand, same order applied for the right hand and this circumstance is explained on the report then finally signed by the marriage officer and authorized with the stamp.
Hear-impaired person’s expression of their marriage means expression of their willpower. During the application and also during the ceremony, process completed with help of translators who understands those special language of hear-impaired person. Those translators should also sign the documents.
Objection to Marriage, Method and Term
While preparing marriage file, relevant persons can declare that the couple has no ability for marriage, and can express the reasons not to marry until 17:00 on the last day before the ceremony day.
Objections made on the ceremony day will not be accepted.
If there is objection reason other than regular ones, this reason should be specified in the petition and applicant’s identification, address and signature should be placed on the documentation.
If objection is based on one of the marriage obstacles, documents about this issue should be attached to the petition, or at least, convincing information must be supplied to support this proposition.
Marriage office notifies both spouses about the objections made relevant to the regular protocol in 24 hours. The marriage office requires an answer in 10 days, and demand documents proving the condition does not exist. If it is required, the can correspond with other government departments. The office reexamines the file after the answers arrived or at the end of the given term;
1-If it is understood that the objection is proper, the office refuses to continue marriage process then notifies the spouses.
2-If it is found that the objection is not true or the objection reason is disappeared based on a legal verdict, the marriage officer refuses the objection. The result is sent to the demurrer and to the spouses then marriage process continues.
If the demurer submits a verdict about the marriage process discontinued and a document that is saying “refusal of marriage” lawsuit started, from the court in 10 days, marriage process will be stopped till the end of the lawsuit.
Objection Authority of Republic Prosecutor
Until the marriage complete, republic Prosecutors can object the marriage process if there is any one of the absolute nullity.
If the denouncement made to republic prosecutor about the marriage is found serious, marriage office is notified about the situation. Marriage officer investigate the claim according to the protocols and base Marriage Regulations article 24, if the marriage officer thinks that the claim is not proper for the condition, republic prosecutor notified about the condition and then continue the marriage process. If the republic prosecutor is not notified about the lawsuit of refusal of the marriage in ten days, marriage is completed. And the justified result is sent to the republic prosecutor.
Marriage Ceremony Process in the Business Hours
Marriage ceremonies conducted during the day time work hours. However, due to the spouses’ preferences, marriage ceremonies can be held in the special place or hall on weekends or out of business hours or in official holidays.
It is essential that the marriage ceremonies take place in the specially designated official buildings or places. However, upon the freewill of the spouses;
1 – In residences, special buildings or halls,
2 – For the arrested persons or prisoners, in prison or correction houses upon the permission of the Republic Prosecutor,
3 – For patients, in hospitals upon the permission of the chief doctor.
Official marriage ceremony is not allowed to happen in the special places that do not allow the persons express their freewill and does not fit the meaning of the marriage. In this case, marriage officer postpones the marriage.
Publicity, Protocol and Format in Marriage
Marriage process takes place before the authorized marriage office and at least two witnesses and spouses themselves in public.
Absence of guests does not mean that the marriage process happened overtly.
Marriage can not takes place with power of authority.
The marriage officer asks to the spouse separately whether they want to marry or not in front of the witnesses and guests at a place and on a specific time previously specified. Upon their positive answer, and upon the witnesses’ confirmation, the officer gets the marriage board signed by all the parties and declares aloud that this process is legal. Then, the officer signs the board after adding date and time.
Hear impaired persons can answer with sign-language. Marriage officer, if it is required, can demand assistance of a person translating the sign language before the marriage. In this situation, spouses should have assistant translator. If hear-impaired spouses know reading and writing, their declarations can be accepted in writing.
If foreign origin spouses do not know Turkish, marriage officer can use a translator from where recognized by the Turkish Republic. This translator must be invited to the ceremony place by the spouses.
Requirements of Witness
To be eligible to witness in a legal process, you should be an adult, and should be able to make decision, besides, you should have known the person who you want to witness about him/herself. The witness gives testimony about the freewill of the persons who want to marry, confirms the truth of the identification of the person and marriage process is completed.
In Case of Officers Being Chary
If the marriage officer notices a refusing posture on one of the marrying couple during the ceremony, the officer can postpone the marriage ceremony.
Registration of Marriage into the Marriage Board
Marriage process is registered into the “Marriage Board” by the officer and signed by the husband, wife, witnesses and officer. Therefore, marriage process completes.
Declaration of the Marriage to the Civil Registry Directorship and Registration into the Family Board
Civil Registry Directorate should be notified with the properly arranged marriage declaration form about the marriages processed by the Turkish officials in Turkey in ten days after the marriage.
Marriage process carried out by the Consulates or Represent Offices outside of Turkey, should be declared to the Civil Registry Directorate in 30 days after the marriage.
Marriages carried out by the foreign institutions outside Turkey, declared to the civil registry directorships as long as properly arranged marriage declaration form is submitted in 30 days.
Surname Basics about the Bride
Marrying woman takes her husband’s surname. Woman should declare in a written petition that she wants to use her own surname together with her husband’s surname during the marriage process. If she did not notice during the marriage process, she can apply to the Civil Registry Directorship to be able to use her own surname next to her husband’s surname. After registration of maiden name, if she want to use only her husband’s surname, this could only possible with court verdict. Demand about the surname could be only once. Wife, who is carrying two surnames before the marriage, now can only have one of these.
Process Followed by Person Holding Foreign Citizenship
Foreign origin persons who get marry before the Turkish Authorized Officers will be given a family marriage book and upon their request they will be given multilingual marriage certificate.
If this couple is a citizen of a country which is member of International Personal Rights Status Commission, proper form arranged and sent to the civil registry directorship where the couple born according to the act of number 3 international information exchange in 1958.
Republic Prosecutor Must be Noticed about Some Marriages
At the end of the first investigation on the marriage declaration sent to the Civil Registry Directorship; upon the understanding that the marriage is not completed in the presence of lawfully authorized officers, and upon the detection of one of the spouses is already married with someone else, or if there is relativeness between the couple which prohibits the marriage due to the Turkish Civil Law’s article 129, the marriage is registered into the family board and the situation will be reported to the Republic Prosecutor by the Civil Registry Directorship.
A married person apply for another marriage, a single person who apply for a marriage with a married person, applying for a marriage with a false identity, committing religious marriage ceremony with no official process and without having official confirmation of marriage committing religious ceremony. Those persons charged according to the 5237 serial numbered Turkish Penalty Law’s article 230 by the Republic Chief Prosecutor.
Asset Regulations in Marriage
Official Asset Regulation
It is primary to apply joint asset regulation to the assets that have had together by the spouses.
Spouses could prefer one of the following principles specified in the law: “distinction of asset”, “Asset distinction regulation with share” and “asset share regulation”.
Asset Regulation Contract
Asset regulation contract can be arranged before and after the marriage. Parties can choose, alter or dismiss the regulation only between the limitations specified by the law.
This regulation contract can be arranged before the notary public. During the marriage application, parties can declare the type of regulation they choose in a written petition.
It is required to be signed off by the legal represents in case it is mandatory.
Marriage officers do not have to invite spouses to speak aloud about which principle they prefer. It does not prohibit the marriage if the spouses do not express their asset regulation preference. Marriage officers may accept spouses’ choice in place of one of the three multiple choices.
Marriage officers can not accept any other agreement which is not supported by the law. In this case, spouses can apply to the notary public
Repeal, Cancellation and Nullity of Marriage
After authorized by the court of first instance, marriage union ends this is called cancellation, nullity and repeal of the marriage.