A Turkish-speaking divorce lawyer can discuss your Dutch divorce with you in Turkish. Arslan Advocaten helps you gain an overview of the procedure, the children and the financial consequences. If your marriage has a connection with Turkey, we also examine which international questions and documents are relevant to your situation.

What can a Turkish-speaking divorce lawyer do for you?

A divorce lawyer guides the legal settlement of a divorce and the related arrangements. A Turkish-speaking divorce lawyer can explain these subjects in Turkish. That way you can understand what a proposal means before you agree to it. The right approach depends on your marriage, family, wishes and the information available.

In a divorce, several decisions may be at play at the same time. Ending the marriage is something different from dividing assets or setting maintenance. Arrangements about children also require their own assessment. It helps to map out these subjects separately and to discuss how they affect one another.

You do not need to have decided everything by the first meeting. We do want to know which arrangements already exist, where there is disagreement and whether there is an urgent situation. Bring any proposal or letter you have received. An oral summary may miss provisions that later turn out to be important.

Can you divorce in the Netherlands if you married in Turkey?

A marriage concluded in Turkey can give rise to divorce proceedings in the Netherlands if the Dutch court has jurisdiction. The place where the marriage was concluded does not decide this by itself. Place of residence, nationality and other circumstances may be relevant. After that, it must be assessed for each subject which law applies.

Even if the Dutch court can deal with the divorce, that does not resolve every question. Different rules may be relevant to the division of assets than to the divorce itself. A home in Turkey, a prenuptial agreement or an earlier decision requires separate attention. So do not make assumptions based only on the country where you married.

Our existing page on being married in Turkey and divorcing in the Netherlands covers this connection in more detail. If there is already a foreign divorce decision, the issue may be recognition of a foreign divorce. Starting new proceedings is then not necessarily the right first step.

What do you need to arrange for your children?

In a divorce with minor children, their day-to-day care, contact with both parents and financial support must be discussed carefully. A parenting plan contains arrangements on those subjects. Whether and how a plan must be submitted is assessed in the proceedings. The interests and safety of the child are central.

It helps to first describe how the family functions now. Who takes the children to school, what are the parents’ working hours and what arrangements exist about holidays? An arrangement on paper must be workable in daily life. Sharing information about school and health also deserves attention.

Parental authority, residence and contact are different concepts. Joint parental authority does not automatically mean that the children live exactly as much time with each parent. Nor does a care arrangement resolve every question about holidays or moving house. Have arrangements explained before you take them for granted.

The information from the Dutch judiciary (Rechtspraak) on divorcing with children describes the procedure. If there are concerns about safety or a threatened departure with the children, an individual assessment is needed. Do not then wait until general negotiations about the divorce have been completed.

Which financial subjects should you discuss?

The financial settlement concerns income, maintenance payments, assets and debts. What each of you can claim or must pay depends on the applicable rules and the facts. Start with complete information. An arrangement based on incomplete bank details or a rough estimate of income can later lead to new disputes.

A maintenance calculation requires up-to-date and verifiable information. An amount that an acquaintance pays says little about your situation. Having your own business or a fluctuating income may also call for further investigation. We discuss which information is missing and how a proposal is substantiated.

With foreign assets, it must first be clear what there is, who is entitled to it and which rules apply. Sometimes a translation, valuation or advice on foreign law is needed. Present the available documents before you incur costs. An ownership document alone does not always answer the question of how the value is divided between spouses.

How does a divorce proceed, step by step?

The route depends on the extent to which you can make arrangements together. If you agree, a joint petition can be considered. If important points of dispute remain, proceedings on a unilateral petition may be necessary. Your lawyer discusses what that choice means for consultation, documents, costs and the handling by the court.

1. Map out your family situation, marriage details and urgent questions.
2. Collect the documents about children, income, assets and earlier arrangements.
3. Have jurisdiction and applicable law assessed if there are international connecting factors.
4. Discuss whether consultation can lead to workable arrangements.
5. Have proposals checked and, if necessary, the petition drafted.
6. After the decision, take care of the necessary follow-up steps and registration.

According to the explanation from the Dutch judiciary (Rechtspraak) on divorce proceedings, a divorce petition is filed through a lawyer. The fact that you agree with each other does not make a legal check unnecessary. Arrangements must be clear and workable and fit within the applicable rules.

A joint process is not suitable in every situation. Where there are large power imbalances, missing information or serious communication problems, each party may need their own representative. Do not hesitate to say when you feel under pressure. You do not have to accept a proposal because the other party says it is the only option.

What role do Turkish documents and translations play?

Turkish documents may be needed to understand your marriage, family situation or financial position. Whether an official translation or other formality is required depends on the document and its use. So keep the originals. Have it assessed in advance which version is suitable for the proceedings or registration concerned.

Bring, for example, a marriage certificate, prenuptial agreement or earlier decision if you have one. Also mention whether documents have already been used in other proceedings. An incomplete copy or translation may miss important parts. Your lawyer can indicate which additional information is needed.

The Dutch divorce and its processing in Turkey are separate points of attention. Do not assume that every registration is automatically updated in both countries. Which route is needed depends on your situation and the applicable conditions. This must be checked before you attach new legal consequences to the divorce.

What does a Turkish-speaking divorce lawyer cost?

The costs depend on the work involved and how your legal aid is funded. A joint petition with clear arrangements often calls for a different process than a conflict over children, a business or assets. So ask for an explanation of the expected work, the fee arrangement and possible additional expenses before the engagement begins.

With subsidised legal aid (toevoeging), the government pays part of the lawyer’s costs. The Legal Aid Board (Raad voor Rechtsbijstand) assesses the financial and substantive conditions. You usually pay a personal contribution; specific rules apply to divorce cases. In addition, court fees, translations and valuations, for example, may involve costs. The official explanation of the personal contribution provides up-to-date information.

If your income has changed recently, say so. In principle, the Board uses figures from two years before the year of application, while under certain conditions a change of reference year (peiljaarverlegging) is possible. The financial outcome of a case may also be relevant to the legal aid. We discuss which points of attention apply to your file.

You can put your divorce question to us in confidence. Say whether your partner already has a lawyer and whether there is a proposal on the table. That helps to agree clearly on the initial assessment needed and its possible costs.

Which time limits and urgent situations are important?

A procedural document, decision or summons you have received may contain a time limit within which you must respond. In addition, registration and further legal remedies may have their own time limits. Have these checked immediately. The right approach depends on the stage of the proceedings and the way in which documents were received; a general explanation on the internet is not sufficient for that.

Sometimes a temporary arrangement is needed about housing, money or the children while the divorce is still ongoing. Your lawyer assesses whether a request for provisional measures is appropriate. That is a separate legal step, with its own conditions and consequences for the rest of the process.

An imminent sale, move or signing can also be a reason to seek advice quickly. Explain exactly what is about to happen and when. Not every tension between partners justifies urgent proceedings. It is, however, sensible to have the consequences assessed in good time before the situation changes.

How does a conversation in your own language help with arrangements?

A conversation in Turkish can clarify what an arrangement about children or finances means in daily life. We discuss concrete consequences and ask further questions where arrangements are unclear. The aim is that you understand what you are agreeing to, which obligations arise and which subjects have not yet been resolved.

Fictitious example: parents agree on a care arrangement but have not agreed anything about holidays or keeping each other informed. During the discussion it turns out that they have different expectations. By discussing those points in advance, the arrangements can be worded more precisely. Whether agreement is reached still depends on both parents and the circumstances.

This example is not a real client file and contains no promise of results. Other interests may be at play in your case. A lawyer must also indicate when a wish is legally difficult to achieve or when additional information is needed. Clear explanation therefore also includes limits and uncertainties.

Which mistakes can you avoid in a divorce?

You avoid new problems by having arrangements fully assessed and keeping important documents. Do not only try to secure immediate peace, but also understand how things will work in the longer term. A quick signature can have consequences for income, assets and contact with children that only become clear later.

• Do not sign a divorce settlement (convenant) whose consequences you do not understand.
• Do not assume that Dutch or Turkish law automatically applies to every part.
• Do not leave assets and debts out of the picture because they are in another country.
• Do not make children responsible for passing on legal messages.
• Do not confuse a decision with completing all the necessary registrations.

What questions are there about a Turkish-speaking divorce lawyer?

Can my divorce consultation take place in Turkish?

When making your request, you can indicate that you want to speak Turkish. We tailor the appointment to your language preference and the nature of your case. Bring existing proposals and important letters. During the discussion, legal concepts can be explained, so that you understand which choices and consequences are at issue in your file.

Does Turkish law automatically apply if we married in Turkey?

No. The place where the marriage was concluded does not provide the answer for every part. Jurisdiction and applicable law are examined separately. The divorce may also require a different assessment than assets or maintenance. State places of residence, nationalities, the date of marriage and any prenuptial agreement, so that the relevant connecting factors can be established.

Can we instruct one lawyer together?

A joint process may be possible if you want to reach arrangements together and the situation is suitable for it. There must be sufficient room for clear information and balanced decision-making. If interests diverge too much or someone feels under pressure, separate assistance may be needed. This is discussed before the process is chosen.

Should I already have my Turkish marriage certificate translated?

First have it assessed which certificate is needed and which formal requirements it must meet. An official translation or other formality may be needed for the proceedings, but not every available copy is usable for that. Bring the original document and any earlier translations. That way you avoid incurring costs for an unsuitable version.

Is my Dutch divorce processed in Turkey straight away?

Do not assume so without checking. The ending of the marriage in the Netherlands and its registration or recognition in Turkey are separate questions. Which route is needed depends on your circumstances and the applicable conditions. Discuss this if you want to be correctly registered in both countries or wish to remarry.

Can I get subsidised legal aid for my divorce?

That depends on the financial and substantive conditions applied by the Legal Aid Board (Raad voor Rechtsbijstand). With subsidised legal aid you usually pay a personal contribution, and other costs may arise. Recent changes in income and the financial outcome of the case may also be relevant. We discuss for each file whether an application is possible and what you have to pay yourself.

How do you make a first appointment?

Briefly describe your family situation, where you live and whether there are already proceedings or a proposal. Say that you want to speak Turkish. Mention a hearing date or other urgent development immediately. On that basis, we can discuss which initial assessment is needed and which documents you should provide for it.

You can put your divorce question to us in confidence. For a broader explanation, see our page on family law. Information in Turkish is available at Hollanda’da Türk boşanma avukatı. For other subjects, too, you can turn to our Turkish-speaking lawyer in the Netherlands.