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Family Cases

Family Cases

In order to affect a divorce in Northern Cyprus in accordance with Family Law 1/98 (Marriage and Divorce), a court case must be filed. There are two types of cases that can be filed during a divorce: “uncontested” and “contested” divorce cases. In the case of an uncontested divorce, both parties desire a divorce and agree about all the legal consequences of the divorce. In the case of a contested divorce, on the other hand, one of the parties may not desire to divorce or there can be disagreement on such matters as the custody of the child, alimony payments, whether there will be a compensation involved and how the assets will be split up. Gürkan & Gürkan Advocates and Legal Advisers will initiate an uncontested divorce where the two parties are in agreement; when such agreement is lacking, a case is initiated on the basis of the matters of disagreement and legal support provided to clients throughout the entire process.

One of the legal consequences of a divorce is the sharing of assets and belongings. During a marriage, spouses will not only act in unison on the basis of family ties and emotions, but also on financial matters. This financial union between the spouses will come to an end with the divorce. In a divorce case, the division of assets obtained over the course of the marriage is governed by Family Law 1/98 (Marriage and Divorce) Item 26 as well as the principle of fairness. Our Firm aims to preserve the rights as well as financial claims of our clients to the greatest possible extent, thereby ensuring maintenance of the highest possible degree of economic wellbeing of our clients following the divorce process.

The custody of the child is another matter where the two sides experience the most frequent disagreement during a divorce. The judge will consider several issues when deciding upon the custody of the child. In Family Law 1/98 (Marriage and Divorce) Item 30 (A), these are listed as: the age of the child, his or her physical wellbeing, state of health, physical and emotional needs, as well as the physical health and emotional state of the father and the mother. As evidenced by this item in the law, the basis of custody is the best interest of the child. The court will therefore decide who gets the custody by keeping in mind the best interest of the child. Gürkan & Gürkan Advocates and Legal Advisers will evaluate each case based on its unique set of circumstances and aim to reach the outcome that is in the best interest of the minor. 

In a divorce case, either party can demand an alimony from the other spouse, and such demands fall into three categories: an injunctive alimony (midterm alimony), poverty alimony and child support. These three types of alimony are intended to serve distinct purposes. An injunctive alimony is paid to avoid the recipient experiencing financial hardship while the divorce case is proceeding. Child support is intended to cover the needs of the child, while poverty alimony is paid to the person whose living standards will deteriorate following the divorce. Our Firm aims to obtain the highest alimony, in accordance with the needs of our clients.

Gürkan & Gürkan Advocates and Legal Advisers will demand compensation from the party at fault, on behalf of its clients or defend its clients against such demands. As per Family Law 1/98 (Marriage and Divorce) the court can rule for compensation, in line with the financial state or expected future gain of the party at fault, as well as the value of the effort expanded during the course of the marriage by the party at lesser fault and the damage inflicted on the personality, bodily integrity, honor and future gains resulting from the divorce. Our Firm will evaluate each case based on its unique set of circumstances when submitting a claim for compensation and present to the court the supporting evidence in the best possible manner.

Gürkan & Gürkan Advocates and Legal Advisers utilizes the vast expertise and experience of our team in the field of Family Law to provide exceptional legal services to individuals who have decided to split up and helps them file for a divorce.

Some of the fields we are active in and provide services for include:

  • The facilitation of an uncontested divorce case
  • The facilitation of and follow up on a contested divorce case
  • Injunctive alimony demands for the child and the spouse
  • General alimony demands for the spouse and child
  • Custody cases
  • Paternity suits
  • Issuance of protective orders
  • Demands for compensation
  • The recognition and application of divorce rulings, issued abroad by foreign courts, in the Republic of Northern Cyprus
  • The recognition and application of alimony and compensation rulings, issued abroad by foreign courts, in the Republic of Northern Cyprus as well as legal consulting services relating to all matters that relate to Family Law
  • Application for child adoption and follow up thereof
  • Do I need to have a lawyer in the divorce case? There is no obligation to hire a lawyer in any case, people can follow their cases without lawyers, but it is worth noting that it is important to follow the case with a lawyer, especially in terms of the court proceedings.
  • Can a spouse not paying child support be prevented from seeing the child? No. Establishing personal relations with the child is not dependent on the payment of the child support. This is a legal right, and the spouse can see the child even if the child support is not paid.
  • How long do divorce cases last? While there is no definite answer to this question due to the case intensity of the Courts, uncontested divorce cases may be concluded in a single hearing, and contested divorce cases may finalize in 7-8 hearings at best. In case of appeal to the Supreme Court, this period increases even further.
  • Does it matter which side files the divorce lawsuit? It does not matter. The important thing in the termination of marriage is the determination of the spouse with fault or gross fault. Who files the lawsuit has no positive or negative effect on the course of the case.
  • In which Courts are divorce lawsuits filed? Divorce lawsuits are filed in the Family Court at the habitual residence of one of the spouses.
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Adoption
Adoption

Adoption is a process that permanently transfers all the legal rights and responsibilities of being a parent from the child's birth parents (their biological parents) to the adoptive parents. The adoption process has started to become more common in our society. Adding a child to your family is a big event. Adding a child through adoption is even more momentous, both for the child, for you as parents, and for your wider circle of friends and family. In this article, we will look at the main steps that are taken during the adoption process. After the application and formalities of the Social Services Department are completed, you can apply to a lawyer and initiate your proceedings before the Family Courts.

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