Annulment of Marriage under Turkish Law: Grounds, Process, and Legal Consequences

In Turkish law, a marriage that is invalid from the beginning due to specific legal defects can be annulled through a court decision. Unlike divorce, which ends a valid marriage due to reasons arising after the marriage was formed, annulment (evliliğin iptali) deals with marriages that were fundamentally flawed at the time they were entered into. This blog explores the concept of annulment in Türkiye, its legal framework, practical consequences, and how Bayraktar Attorneys assists clients in these sensitive cases.

What Is Annulment of Marriage?

Annulment of marriage refers to a legal process that declares a marriage invalid from its inception. In such cases, although a marriage ceremony was conducted and possibly even registered, the law recognizes that the union should never have had legal effect due to violations of mandatory provisions of the Turkish Civil Code.

In legal terms, annulment is retroactive. It means that once the court decides the marriage is invalid, it is considered never to have existed from a legal standpoint. However, to protect the rights of the parties and any children born from the union, certain legal consequences of the annulled marriage may continue to apply.

Annulment cases in Türkiye are governed primarily by the Turkish Civil Code (Türk Medeni Kanunu), specifically Articles 145 through 160.

Grounds for Annulment Under Turkish Law

Annulment can be sought on several grounds, which are grouped under two main categories: absolute nullity and relative nullity.

A. Grounds for Absolute Nullity (Article 145 of the Turkish Civil Code)

The following situations make a marriage absolutely void:

1. Existing Marriage of One of the Parties: If either party was already married at the time of the marriage ceremony, the second marriage is automatically invalid. Türkiye does not recognize polygamy. This is a matter of public order and the marriage must be annulled by court.

2. Close Kinship (Prohibited Degrees of Relationship): A marriage between siblings, between parent and child, or other close blood relatives (e.g., uncle-niece, aunt-nephew) is absolutely void. Turkish law strictly prohibits such unions.

3. Mental Incapacity: If one of the spouses was mentally ill or lacked the cognitive ability to understand the nature of marriage at the time of the wedding, the marriage is considered void. The court must rely on medical reports to determine mental incapacity.

4. Violation of Form Requirements: If the marriage ceremony was not conducted by an authorized officer (e.g., civil registrar) or did not meet the legal formalities required by law, it can be declared null.

5. Fictitious Marriage (Sham Marriage): If both parties entered into the marriage without the intention of forming a real marital union (for example, to gain citizenship or for financial advantage), the marriage may be annulled upon judicial review.

These are considered cases of absolute nullity, and the annulment lawsuit can be filed by the public prosecutor, either spouse, or any party with a legal interest.

B. Grounds for Relative Nullity (Articles 148–151)

Relative nullity involves defects that affect the free will of one or both spouses during the formation of the marriage. These include:

1. Lack of Age: If a person under 18 marries without proper court or parental permission, the marriage may be annulled unless subsequently approved after reaching legal age.

2. Temporary Mental Incapacity: If one of the spouses was mentally impaired or intoxicated during the ceremony and could not understand the act of marriage, it may be annulled.

3. Mistake: If a spouse was mistaken about the identity of the other party or fundamental characteristics (e.g., fertility, criminal past), annulment may be possible.

4. Duress or Threat: If a person was forced into marriage under threat or pressure, they can request annulment. However, this claim must be filed within six months from the day the threat ends.

These cases must be initiated by the affected spouse. If not filed within the legally specified time, the right to file an annulment case may be lost.

Legal Procedures for Marriage Annulment

To annul a marriage in Türkiye, the party seeking annulment must file a lawsuit before the competent Family Court in the jurisdiction where either spouse resides.

The process typically involves:

1. Filing a Petition: A lawsuit is initiated by filing a written petition that outlines the facts and the legal basis for annulment.

2. Evidence Collection: The court examines documentary evidence, medical reports, witness statements, and expert opinions depending on the grounds cited.

3. Court Hearings: The court may conduct one or more hearings to listen to both sides and evaluate the evidence.

4. Final Judgment: If the court finds the marriage invalid, it issues a judgment of annulment. The decision becomes final once appeal rights expire or are exhausted.

Effects of Annulment

Although the marriage is deemed invalid from the start, Turkish law provides certain protections to the parties involved and to any children born during the union:

• Legal Status of Children: Children born from a void marriage are considered legitimate if at least one parent entered the marriage in good faith.

• Spousal Rights: The spouse who acted in good faith may receive certain rights similar to those granted in divorce, including alimony or property rights.

• Property Division: The court may decide on the division of property and financial compensation, depending on the circumstances.

• Inheritance Rights: If a spouse acted in good faith, they may retain certain inheritance rights despite the annulment.

Frequently Asked Questions

Can a marriage be annulled without going to court?

No. In Türkiye, a marriage can only be annulled by a court decision. It is not possible to annul a marriage by mutual agreement without judicial involvement.

How long does the annulment process take?

The duration depends on the complexity of the case and the workload of the court, but typically ranges between six months to one year.

Does annulment affect the right to remarry?

Once the marriage is annulled by final court judgment, both parties are free to remarry, subject to legal waiting periods in certain situations (especially for women).

What if the marriage took place abroad?

If the annulment concerns a marriage conducted abroad, it must first be recognized by the Turkish courts (through recognition or enforcement procedures) before an annulment can be pursued.

How Bayraktar Attorneys Can Help

At Bayraktar Attorneys, we understand that annulment cases can be emotionally difficult and legally complex. Our experienced family law attorneys offer comprehensive services to guide you through each stage of the process, including:

• Legal assessment of annulment eligibility

• Drafting and filing the lawsuit petition

• Collecting and presenting evidence

• Representing clients during court hearings

• Handling legal consequences regarding property, alimony, and children

Whether you are a Turkish citizen or a foreigner married in Türkiye, we are here to help you navigate your legal options with discretion and expertise.