Marriage of Foreigners in Turkey

Marriage of foreigners in Turkey is possible in three cases. The first one is when a Turkish citizen wants to marry a citizen of another country. The second possibility is when two foreigners who are citizens of the same country want to get married in Turkey. Finally, if two foreigners who are citizens of two different countries want to marry in Turkey, it is possible to talk about the marriage of foreigners in Turkey. The procedure for the marriage of foreigners in Turkey is different from the marriage procedure of a Turkish citizen. What needs to be considered here is which documents the foreigner should submit. It is important that these documents are submitted to the necessary authorities in a complete manner in order for the foreign national to marry without any problems. There are also some general conditions required for a valid marriage under Turkish law. Therefore, it is useful to know what these conditions are. These conditions are briefly as follows;

1-Marriage capacity (competence): According to Turkish law, only those who have the power of discernment and sufficient mental capacity are allowed to marry. Mental illnesses are therefore an obstacle for marriage. In addition, a person must be at least 18 years old in order to marry.

2-Degree of kinship: Marriage between close relatives is prohibited. What is meant by close relatives here is the relatives up to the third degree of the person. Marriage can be realised with the children of uncles, aunts, aunts and uncles who are fourth degree relatives. On the other hand, marriage cannot be performed with the mother or father of the ex-spouse.

3-Marriage status: Monogamy is one of the basic principles of Turkish family law. It is not possible to have a second marriage before the previous marriage, if any, has ended.

4-Waiting period : Married women whose marriage has been dissolved cannot marry until three hundred days (nine months) have elapsed from the date of dissolution. In addition, the divorce decree may also specify a waiting period during which the spouse cannot remarry. The reason for such a waiting period is the risk of the woman becoming pregnant and the protection of the woman and the child so that the father can be identified during this period.

Which law applies to the marriage of a foreigner in Turkey?

When a Turkish citizen and a foreign national decide to marry within the borders of Turkey, Turkish law will apply to the marriage process. It should be noted that weddings performed according to religious beliefs are not recognised by the state and civil marriage is the legally valid one. All marriages in Turkey are performed by the Turkish authorities and are governed by the Turkish Civil Code and the relevant regulations. According to Article 13 of Law No. 5718 on Private International Law and Procedural Law, entitled ‘Marriage and its General Provisions’, in order to marry in Turkey, the parties must have the capacity to marry. This requirement is also included in the Turkish Civil Code. Whether the parties have the capacity to marry is determined according to their national law. This is usually proved by the marriage licence certificate and birth certificate obtained from the parties’ own country representative offices (embassy or consulate). The Certificate of Marital Status obtained from the country representative office must certify that the person is single. The marriage licence certificate must contain the statement ‘there is no impediment to marriage’.

Validity of Documents Received from Foreign Authorities in Turkey (Apostille Procedure)

Before discussing the documents required for foreigners to marry in Turkey, it is necessary to address the issue of what a foreign national must do in order to validate the documents obtained from the authorities in his/her home country in Turkey. In this sense, there are some conditions for a document obtained by a foreigner from a foreign authority in order to get married in Turkey to be valid. These are the process called apostille, which is required for the document to be accepted as an official document in Turkey, and the provision of a notarised Turkish translation. The apostille process can be briefly explained as the situation where the document officially approved between the countries that are parties to the Hague Agreement is also valid in another country. In this sense, if the document is apostilled, it is sufficient to have a notarised Turkish translation of the document. It should also be noted that if the document is obtained from a country where Turkey has a foreign representation, and if this document and its translation are approved by Turkey’s foreign representation, the documents are accepted without further processing.

What are the Documents Required for Foreigners to Get Married in Turkey?

A- Marriage Application Petition

Foreign couples who decide to get married and want to start the marriage procedures must first apply to the municipality where they live and submit the application petition called ‘Marriage Declaration’ in person. This petition is a document containing the intentions of the parties to marry.

B-Passport Size Photograph

Although it varies from municipality to municipality in terms of quantity, the passport photos of the parties must be in 4×6 size and in passport format. It is also a condition that the photographs taken must have been taken within the last 6 months.

C- Marriage Licence Certificate (Certificate of Bachelorhood)

For foreigners, it is a document issued and duly certified by the competent authorities showing the person’s name, surname, parents’ name, date and place of birth, marital status (whether or not there is an obstacle to marriage). This document stating that a foreign national is single, divorced or widowed must be obtained from the competent authorities of his/her own country. If this document is issued in the foreign national’s country, it must be approved or apostilled by the Turkish Consulate or Embassy there. Furthermore, the document must be translated into Turkish and notarised. Otherwise, this document will not be valid for marriage procedures in Turkey. If the person is in Turkey, it is a document that must be obtained from the consulate of his/her country in Turkey. After obtaining it from its consulate, it must be approved by the relevant governorship or district governorate in Turkey. This document is one of the most critical documents for a foreign national to get married. Therefore, foreign nationals who want to get married are recommended to make this document ready as a priority.

It should be noted that if the marriage licence document does not contain the name of the person’s parents, a valid document showing the name of the parents is required. Therefore, the foreign national may also need to obtain a birth certificate. This document must also be apostilled and submitted with a notarised translation made in Turkey.

D- Passport and Identity Card

The passport and identity card must be translated into Turkish by the relevant authorities. Foreigners can carry out this process at the Turkish Embassy of their country of citizenship or at a certified notary public in Turkey. However, since some municipalities accept notarised translation, it would be a better solution to carry out this process through a notary public.

E-Health Report

In Turkey, a health report must be obtained from a public health institution called ‘Health Centre’ or ‘State Hospital’. Any reports to be given by private hospitals or clinics are not considered valid in this sense.

F-Accommodation Certificate (If Both Parties are Foreigners)

This document is deemed necessary if both parties to the marriage are foreigners. Therefore, if one of the parties is a Turkish citizen, this document is not needed. A letter must be written by the accommodation facility (hotel, pension, etc.) where they stay in Turkey. In this letter, the duration of stay and date of departure must be specified.

Couples who have prepared these documents completely and duly may be issued a marriage licence after this point if they wish.

Foreigners of the Same Nationality or Different Nationality

When two foreigners of the same nationality or different nationalities wish to marry in Turkey, they face two different options. They can marry at the consulates of their home countries or they can marry before authorised officials in Turkey by obtaining permission from the consulates. The documents mentioned above are also valid for these persons. If they choose to marry before Turkish authorities, their capacity to marry is determined according to the law of their home country and the form of the marriage must be in accordance with Turkish law. If the parties do not speak Turkish, an interpreter must be present at the time of the marriage and translate what the officiant says into a language they understand. The consent of the parties is essential and they must understand what they are agreeing to.

Other Matters to be Considered in Marriage Procedures of Foreigners in Turkey

Apart from the above-mentioned issues that foreign nationals should pay attention to when getting married in Turkey, there are also some ancillary issues that should be taken into consideration. To summarise these ancillary issues, we can say the following;

The validity period of marriage files is six months from the date of issue of the Marriage Licence Certificate. If the marriage contract is not concluded within this period, the file will be cancelled.

Documents to be obtained from Honorary Consulates are invalid

The last marital status of the person in the Marriage Licence Certificate (Certificate of Marital Status / Certificate of Celibacy) should be expressed as Single, Widowed or Divorced.

If the foreign national does not speak Turkish, a notarised translation of the Marriage Declaration to be prepared by the Marriage Registrar’s Office must be made in his/her own language. A sworn translator must be brought during the marriage ceremony.

Why Us?

Marriage of foreign nationals in Turkey requires the preparation of documents in accordance with local legislation and complete fulfilment of legal procedures. In this process, missing or incorrect documents may cause the marriage procedures to be prolonged or cancelled. In addition, the harmonisation of Turkish law with the legal rules in the couple’s home country should also be taken into consideration. Getting legal support in such complex situations ensures that the process proceeds smoothly and within the legal framework.

As Güneş & Güneş Law Office, we provide legal consultancy services with our team of lawyers specialised in foreigners’ marriages in Turkey. Our experienced team guides our clients at every stage of the application process and ensures that the legal procedures are completed smoothly. We are at your side with our legal support in your marriage procedures in Turkey.

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