Turkish law applies to marriage procedures for asylum seekers, refugees, stateless persons and all foreigners in Turkey. According to Turkish legislation, a Turkish citizen and an asylum seeker, refugee or stateless person or two foreigners of different nationalities can be married by the Turkish authorities. All marriages performed by the Turkish authorities are subject to the Turkish Civil Code and related regulations.
The marriages are performed by the marriage officers in the marriage offices of the municipalities. Therefore, couples who want to get married are required to submit the necessary documents to the municipalities.
It is important to underline that only civil (civil) marriage is legally recognized in Turkey, as specified in the Turkish Civil Code. No type of marriage other than a civil marriage is recognized in Turkey. Civil marriage is important in terms of securing the legal rights of children and spouses, especially women. Only religious marriage (performed by imams) is permitted after civil marriage.
Age at marriage in Turkiye
The legal age of marriage in Turkey is 18. There are some exceptions that allow one to marry under the age of 18. A 17-year-old can be allowed to marry with the consent of their parents or legal guardian; A 16-year-old can be allowed to marry by court order and with the consent of their parents or legal guardian.
An informal “marriage” with a child is considered child abuse under the Turkish Penal Code. The perpetrators are punished, including imprisonment.
State institutions, health and education institutions and NGOs are obliged to notify the Turkish authorities of children facing any protection risk. In addition, anyone who sees that a crime has been committed is obliged to report it to the authorities.
Marriage necessary conditions
Turkish Civil Code states that in addition to age requirements, couples must meet the following conditions to get married:
- Only persons with discerning mental capacity are allowed to marry; Mental illness is an obstacle to marriage.
- Marriage between close relatives is prohibited. In this context, among the brothers; between uncle, uncle, aunt and aunt and nephews; Even if the marriage between the adopter and the adopted son, or between one of them and the other’s descendants and spouse, and even if the marriage that formed the in-law relationship has ended, marriages between one of the spouses and the other’s descendants or descendants are prohibited.
- If one or both spouses who want to get married are already married, the previous marriage must be terminated first. Polygamy is prohibited and considered a crime under the Turkish Civil Code; This regulation applies to Turkish citizens as well as foreigners, including refugees.
- If the marriage has ended, the previously married woman cannot marry until three hundred days have passed from the end of the marriage. However, if the woman can get a health report showing that she is not pregnant, the waiting period of three hundred days is eliminated.
Documents required for marriage contract
In order to get married, the following documents must be submitted to the marriage offices of the municipalities:
- Marriage declaration: The couple must submit a declaration of marriage that must be signed by both parties applying for marriage,
- A certificate of celibacy showing that the applicants are not married,
- Health report confirming that the applicants do not have a disease preventing marriage,
- Four photographs.
In addition, minors and persons with limited capacity require written consent with the signature of the legal representative certified.
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