The Lack of the Marriage Union in Turkish Civil Law
THE LACK OF THE MARRIAGE UNION IN TURKISH CIVIL LAW
As long as there are no constituent elements of marriage, there will be a lack of marriage.
Marriage Between People of the Same Sex
The purpose of marriage is to establish a permanent union between men and women, and therefore the same sex to marry each other is not legally possible in Turkey. Even if these people have announced their will to marry in front of the authorized officer, the existence of a marriage cannot be in question. Which means that there must not be such a marriage.
Marriage To Be Not Done in Front of a Marriage Officer
Declarations of will for marriage that are announced without being in front of the marriage officer do not constitute a marriage. In such a case, it will not be possible to talk about the existence of a legal marriage. For example, weddings that take place only in front of the imam are considered to be null. Marriages occurring in front of an official who is not authorized to espouse will also be considered null and void.
Parties Not Being Ready in Front of the Marriage Officer at the Same Time
If the marriage is intended to be carried out through the representative of one of the persons who want to marry, or if the parties have not declared their will to marry together in front of the marriage officer, that marriage will be considered void or lack.
The Consequences of The Lack of Marriage
The nonexisting marriage does not exist in the field of law from the very beginning. Therefore, there is no need to file a lawsuit for the annulment of such marriages. However, if the absence of marriage and its existence is in dispute, then a determination case can be filed to determine the status of the marriage. The decision to be made as a result of the determination case consists only of determining the status of the marriage, if there is no marriage, it is invalid from the beginning.
The fact that the disappeared marriage is registered in the civil registry will not change the situation regarding the lack of marriage. However, everyone concerned can file a determination lawsuit in order to detect the absence in order to correct the wrong records.
In the context of Turkish civil law, the criteria for a valid marriage are stringent. Understanding these legal requirements is crucial, especially for a law firm in Antalya, in advising and guiding individuals on marriage validity and the necessary procedures within the legal framework.