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Marriage to an Incarcerated Turkish Citizen

Under the Turkish Civil Code, the fact that one of the parties is in a penitentiary (prison) does not, in itself, prevent marriage. However, the application procedure and the documents to be prepared vary depending on whether the person in prison is a detainee (pre-trial) or a convicted prisoner.

For marriages to be conducted in prison, the application is filed with the marriage registry office (marriage officer) of the municipality to which the prison is affiliated, and the process is carried out in coordination with the prison administration.

I. General Application Procedure

  • The person in prison submits a written petition to the prison directorate stating their intention to marry.

  • The prison directorate forwards this petition to the marriage officer with an official cover letter.

  • The marriage ceremony is conducted inside the prison by the competent marriage officer, at a place and date approved by the prison administration.

  • Marriage by proxy is not permitted; both parties must be personally present before the marriage officer.

II. Required Documents for Convicted Prisoners
For convicted persons, the process is generally more comprehensive, as the appointment of a guardian is, as a rule, applicable.

Required documents for convicted prisoners include:

  • A written petition submitted by the convicted person to the prison directorate stating the intention to marry, and the notification of this petition to the marriage officer by the prison directorate with an official cover letter

  • The guardian appointment decision issued for the convicted person must be recorded in the MERNİS system of the Directorate General of Population and Citizenship Affairs

  • Court decision regarding the appointment of a guardian

  • Original and photocopy of the guardian’s ID card

  • The marriage application must be filed jointly by the guardian and the person to be married

  • Official document issued by the prison directorate confirming that the person is a convicted prisoner

  • Photocopy of the ID card (must be certified by the prison directorate as a true copy, stamped, signed, and sealed)
    (ID cards older than 10 years are not accepted)

  • Marriage health report (may be obtained from a family physician or a private healthcare institution; must be signed, stamped, and include a photograph. The report must also state: “Hemoglobinopathy / Mediterranean Anemia Screening has been performed.”)

  • Residence certificate (address registration) obtained via e-Government for those residing outside Silivri district

  • Mental capacity report for persons over the age of 65 (may be obtained from a family physician or the psychiatry department of a state hospital)

  • Four passport-style photos for each party taken within the last 6 months (color, front-facing, forehead and chin visible)

III. Required Documents for Detainees
For detainees, there is no requirement to appoint a guardian. However, documents to be obtained from the prison administration are mandatory.

Required documents for detainees include:

  • A written petition submitted by the detainee to the prison directorate stating the intention to marry, and the notification of this petition to the marriage officer by the prison directorate with an official cover letter

  • Official document issued by the prison directorate confirming that the person is a detainee

  • Photocopy of the ID card (must be certified by the prison directorate as a true copy, stamped, signed, and sealed)
    (ID cards older than 10 years are not accepted)

  • Marriage health report (must include the statement that Hemoglobinopathy / Mediterranean Anemia Screening has been performed)

  • Residence certificate (address registration) via e-Government for those residing outside Silivri district

  • Mental capacity report for persons over the age of 65

  • Four passport-style photos for each party taken within the last 6 months

IV. Solemnization of Marriage and Legal Consequences
A marriage solemnized in prison:

  • Produces the same legal consequences as an ordinary marriage,

  • The rules on inheritance, matrimonial property regime, surname, and family law apply in the same manner between spouses,

  • Being in prison does not affect the validity of the marriage.

Our Legal Support as Avrasya Law Office
As Avrasya Law Office, we provide end-to-end legal consultancy and representation, including:

  • Conducting correspondence with the prison administration and municipalities,

  • Preparing the correct documentation depending on the convicted/detainee status,

  • Following up guardian appointment procedures and court decisions,

  • Securing the marriage date and expediting the process.

Professional support is of great importance to ensure that the prison marriage process is carried out fully and in compliance with the law.

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