Under the decision made with the Presidential Decree number 2505, Regulation for Implementation of Civil Registration Services entered into force by publishing in the Official Gazette on 9 May 2020. The articles of 23, 24, 27 and 28 about the surname of the married and divorced woman, the legal waiting period of the woman and the divorce date are subjected to our memorandum.
The surname of the married woman (m.24) : The married woman takes her husband’s name. The woman who wants to use her former surname with her husband’s surname can request this matter in written from the marriage officer during the marriage; she can request this matter in written from the civil registry or through the e-application system after the marriage.
In case of the woman, who uses her former surname with her husband’s surname, requests to use only her husband’s surname; this action will be completed by the civil registry upon her written request or through the e-application system.
The woman who has two surnames before the marriage can use only one of these surnames.
The surname of the divorced woman (m.28) : If the Judge allowed the divorced woman to use her husband’s name; and if she requests of using her husband’s name with her former surname name before the marriage or she requests of using her maiden name the action can be completed by the civil registry upon her written request or through the e-application system.
The woman, whose surname is not stated in the divorce decree or if the divorce decision was made by the competent foreign courts and recognized or enforced in Turkey or it was registered to the family registry in accordance with the Article 27/A of the Code, will be registered with the surname before the marriage; if this former surname can not be determined and if the application of the divorced woman can not be made; her surname was given by the administrative authority.
The date of the divorce (m.27) : The divorce date is the date that the divorce decree is finalized. In case of the recognition/enforcement decision is made by the Turkish Courts regarding the divorce decree made by the competent foreign court or if it is decided to be registered to the family registry by the authorized institution in accordance with the Article 27/A of the Code; the finalization date of the divorce decree given by the judicial or administrative authority of the foreign country will be registered as the date of the divorce.
The legal waiting period (m.23) : In accordance with the Article 132 of Turkish Civil Code; if the marriage of the parties is ended; the woman can not be marriage if 300 days are not passed starting from the breakdown of the marriage. As giving birth will end this period; the Court can remove this period if the woman’s not being pregnant from the previous marriage is understood or if the parties whose marriage was ended would like to marry to each other again.
The beginning of the legal waiting period is stated in the Regulation as starting from the date of the finalization of the divorce or cancellation of the marriage; and starting from the date of the death of her husband for the woman who lost her husband. If the foreign woman’s national code does not set any legal waiting period, this duration will not be considered by the marriage.