According to the Turkish Civil Code, a woman takes her husband’s surname upon marriage. In case of divorce, the woman retains the personal status she acquired upon marriage; however, she regains the surname she had before marriage.
“However, in case of divorce, this situation may lead to the loss of important gains in social life and deterioration of the social status during the marriage. Due to the aforementioned situation, the law has granted the woman who has an interest in using the surname of her divorced husband the right to use the surname of the divorced woman. According to the law, if the woman proves that she has an interest in using the surname of her divorced husband and that this will not cause any harm to the husband, the judge may allow her to bear the surname of her husband. As it is seen, the decision to allow the woman to bear the surname of her divorced husband depends on the fulfilment of two conditions.
– The first one is that the woman has an interest in carrying the surname of her divorced husband.
– The other one is to prove that the wife’s using the surname of her divorced husband will not cause any harm to the husband.
Since the use of the surname of the divorced husband by the woman is a matter that will also affect the divorced husband, the law gives the woman the right to file a lawsuit for the cancellation of the permission granted in case the conditions mentioned above change. It is not enough for the husband of the divorced woman to request the revocation of the permission granted to the woman, the husband must also prove that the woman’s interest has disappeared or that the use of the surname of the woman has harmed her. Otherwise, the case will be rejected.
These lawsuits regarding permission and cancellation of permission arising from Family Law are heard and decided by the family courts.
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