Only Turkish laws and legislations are applied for a valid marriage to those such as asylum seekers, refugees, and stateless persons residing in Turkey. According to the Turkish legislations, a Turkish national and a foreigner or two foreigners (such as asylum seeker, refugee or a stateless person) with different nationalities can get married in Turkey in front of the relevant authorities. Two asylum seekers or refugees from different nationalities can also get married. All marriages performed by the Turkish authorities are subject to the Turkish Civil Code and relevant regulations.
Marriages Are Conducted by the Municipal Authority
All marriages in Turkey must be performed under the authority of the Turkish Civil Code and must be legally recognized by the registrar general of marriages who is authorisied to give marriage certificate.
Only a civil marriage ceremony has legal validity in Turkey in accordance with the Turkish Civil Code. Other marriages are not legally binding.
However, the Directorate General of Migration Management recording the identity information of the foreign persons residing in our country, accepts statements of the Syrian nationals whose religious marriage is considered valid if they cannot provide the necessary information/documents due to the war in Syria.
Official marriage is important to ensure the legal rights of children and women, including spouses.
Legal Age of Marriage in Turkey
Legal marriage age in Turkey is 18. There ara few exceptions that allow one to marry under the age of 18. Those aged 17 years old may be allowed for marriage with the consent of their parents or legal guardian. For those who are 16 years old may get married in accordance with the court decision and/or with the consent of their parents or legal guardian.
An informal marriage with children is considered child abuse in accordance with the Turkish Penal Code. Those violating that law are punished, including imprisonment.
State institutions, health and education institutions and NGOs are obliged to inform the Turkish authorities of children facing any risk of protection. In addition to that, anyone witnesses that infringement is obliged to inform the related authorities.
Conditions for Marriage:
Couples must meet the following requirements to get married in addition to the age-related conditions in accordance with the Turkish Civil Code.
- Only those who have ability to dinstiguish and have a mental health are allowed to marry. Mental illness is an obstacle to marriage.
- Marriage between close relatives is prohibited in Turkey. In this context, marriage between brothers, uncles, aunts, nephews, and adopted child, as well as affinity by marriage between couples from lineal kinship are prohibited even if the marriage has terminated.
- If one or both of the couples wishing to marry are already married, the first marriage must be terminated. Polygamy is prohibited in accordance with the Turkish Civil Code and is considered a breach/crime. This legislation applies both to Turkish nationals as well as to foreigners including refugees.
- If the marriage has been ended, a woman who was married before cannot marry until three hundred days after the end of marriage. However, if the woman can obtain a medical report indicating that she is not pregnant, the waiting period of three hundred days is demanded.
Necessary Documents to Get Married
In order to get married, the following documents must be submitted to the municipalities’ marriage offices:
- Declaration of marriage: The couple must submit a declaration of marriage, which must be signed by both parties applying for marriage. (The declaration of marriage is given at the application place at the time of application.)
- Certificate of celibacy showing that applicants are not married (That certificate can be obtained from Provincial Migration Authorities)
- A health report confirming that the applicants do not have any health obstacle to marriages. (Health reports can be obtained from any hospitals but the related health personnel/doctor must be informed about the marriage)
- International protection applicant registration certificate, international protection applicant identity card, identity card or temporary protection identification and photocopy of international protection status,
- 6 photos
- In addition to that, receipt of permission signed by the legal representative is required for minors and persons with limited capacity.
Residence Terms and Conditions and Maiden Name
One of the couples has to reside within the boundaries of the district where the marriage application is made. Also, those who are registered in another province must apply together with the Provincial Directorate of Migration in these provinces. Women who want to keep their tmaiden name can make a petition during the application. In order to be able to marry people, it must be written “single” in their identity card.