Recognition of Divorce Abroad in Turkey

In order for a divorce abroad to be recognized in Turkey, a recognition and enforcement decision by the Turkish courts is required. In other words, in order for a divorce abroad to be recognized in Turkey, a recognition and enforcement case must be filed. However, in 2018, some new regulations were introduced by adding Article 27/A to the Population Services Law.

According to Article 27/A added to Article 27 of the Law on Population Services by the Decree Law No. 690, divorce decisions issued by foreign judicial or administrative authorities can be registered in the population registry by the population directorates, provided that they meet the conditions specified in the law and the regulation. With this provision, there is no need to file a recognition lawsuit for the recognition of a divorce abroad in Turkey. As a result of the new regulation, the recognition of a divorce abroad in Turkey will be realized by the Population Directorates by registering it in the civil registry.

Methods of Recognition of Divorce Abroad in Turkey

In order for the court decisions rendered abroad to be recognized in Turkey, a recognition and enforcement decision to be issued by the Turkish courts is required. Until 2018, it was necessary to file a recognition and enforcement case for the recognition of a divorce abroad in Turkey. However, Article 27/A was added to the Population Services Law in 2018. According to Article 27/A added to Article 27 of the Law on Population Services by the Decree Law No. 690, divorce decisions issued by foreign judicial or administrative authorities can be registered in the population registry by the population directorates if they meet the conditions specified in the law and the regulation. Therefore, the method of recognizing a divorce abroad in Turkey will now be through the civil registry offices.

Conditions for Divorce with the Registration of a Foreign Divorce Decision to the Civil Registry Office

The conditions required for a divorce to take place with the registration of a foreign divorce decree at the Civil Registry Office are as follows:

1. The foreign judgment must have been issued by an authority authorized by the law of the state in which it was issued,

2. The divorce decree must be finalized in the country abroad,

3. This decision should not be contrary to public order in Turkey,

4. The following documents must also be submitted;

– Application Form,

– Original and Apostilled Turkish translation of the relevant decision,

– If there is no finalization annotation, a document stating that the decision has been finalized according to the laws of the country where the decision was issued and its Turkish translation certified by applying the Apostille annotation,

– Photocopies of identity card or passport,

– A special power of attorney issued by a notary public for applications to be made by proxy,

– Information on the case file previously filed and still pending before the Turkish courts regarding the decisions rendered by the judicial or administrative authorities of the foreign country and the original or photocopy of the court decision, if any, stating that the decisions were previously finalized by the Turkish courts, or a document obtained from the judicial authorities stating that there is no pending case before the Turkish courts or a decision stating that the recognition was previously rejected by the Turkish courts.

Thus, with the application to the Civil Registry Office, the recognition of the divorce abroad will be realized in Turkey.

Recognition of Divorce if the Spouse Is a Turkish Citizen

In order for court decisions rendered abroad to be recognized in Turkey, a recognition and enforcement decision to be issued by Turkish courts is required. Until 2018, it was necessary to file a recognition and enforcement case in order to recognize a divorce that took place abroad in Turkey. However, Article 27/A was added to the Population Services Law in 2018.

According to Article 27/A added to Article 27 of the Law on Population Services by the Decree Law No. 690, divorce decisions issued by foreign judicial or administrative authorities can be registered in the population registry by the population directorates if they meet the conditions specified in the law and the regulation.

Therefore, if the spouse abroad is a Turkish citizen, the method of recognition of the divorce in Turkey will be through the Civil Registry Offices. By going to the Population Directorate with the necessary documents, the person ensures that the divorce abroad is recognized in Turkey.

Recognition of Divorce in Case the Spouse Is a Foreigner

Recognition and enforcement of the divorce decree issued by a foreign court in Turkey is possible through the procedures to be carried out by the Civil Registry Offices or Turkish foreign representation abroad (Embassy or Consulate) or courts. Until 2018, it was necessary to file a recognition and enforcement case for the recognition of a divorce abroad in Turkey. However, Article 27/A was added to the Population Services Law in 2018. According to Article 27/A added to Article 27 of the Population Services Law by the Decree Law No. 690, divorce decisions issued by judicial or administrative authorities of foreign countries can be registered in the population registry by the population directorates if they meet the conditions specified in the law and the regulation. Therefore, the method of recognizing the divorce in Turkey, even in the case of a foreigner, will be with the help of the Civil Registry Offices.

However, with the latest amendment to the law in 2021, if the divorced person is a foreign citizen, the divorce will be valid with a unilateral application. In other words, the recognition of a divorce abroad with a unilateral application will be valid in Turkey.

What to Do for the Divorce Decision to Be Valid in Turkey

In order for the court decisions rendered abroad to be recognized in Turkey, a recognition and enforcement decision to be issued by the Turkish courts is required. Until 2018, it was necessary to file a recognition and enforcement case for the recognition of a divorce abroad in Turkey. However, Article 27/A was added to the Population Services Law in 2018. According to Article 27/A added to Article 27 of the Law on Population Services by the Decree Law No. 690, divorce decisions issued by foreign judicial or administrative authorities can be registered in the population registry by the Population Directorates if they meet the conditions specified in the law and the regulation. For this reason, in order for a divorce abroad to be recognized in Turkey, it will be necessary to go to the Population Directorate with the following necessary documents:

– Application Form,

– Original and Apostilled Turkish translation of the relevant decision,

– If there is no finalization annotation, the document stating that the decision has been finalized according to the laws of the country where the decision was issued and its Turkish translation certified by applying the Apostille annotation,

– Photocopies of identity card or passport,

– A special power of attorney issued by a notary public for applications to be made by proxy,

– The information on the case file previously filed and still pending before the Turkish courts regarding the decisions rendered by the judicial or administrative authorities of the foreign country, and the original or photocopy of the court decision, if any, stating that the decisions were previously finalized by the Turkish courts, or a document obtained from the judicial authorities stating that there is no pending case before the Turkish courts or a decision that the recognition was previously rejected by the Turkish courts.

Thus, the divorce abroad will be recognized in Turkey.

Documents Required for the Registration of a Divorce Abroad

The documents required for the registration of a divorce abroad are as follows:

– Application Form,

– Original and Apostilled Turkish translation of the relevant decision,

– If there is no finalization annotation, the document stating that the decision has been finalized according to the laws of the country where the decision was issued and its Turkish translation approved by applying the Apostille annotation,

– Photocopies of identity card or passport,

– A special power of attorney issued by a notary public for applications to be made by proxy,

– Information on the case file previously filed and still pending in Turkish courts regarding the decisions rendered by the judicial or administrative authorities of foreign countries, and the original or photocopy of the court decision, if any, stating that the decisions were previously finalized by Turkish courts, or a document obtained from the judicial authorities stating that there is no pending lawsuit in Turkish courts or a decision that the recognition was previously rejected by Turkish courts.

– Thus, the divorce abroad will be recognized in Turkey.

Who Can Apply for the Registration of Divorce to the Civil Registry Office?

Only Turkish citizens can apply for the registration of divorce to the civil registry office. For this reason, the one of the divorced parties who has Turkish citizenship will have to apply for the registration of the divorce to the Population Directorate. Thus, the divorce abroad will be recognized in Turkey.

Divorce Procedures at the Consulate

According to Article 27/A added to Article 27 of the Law on Population Services by the Decree Law No. 690, divorce decrees issued by foreign judicial or administrative authorities can be registered in the population registry by the population directorates if they meet the conditions specified in the law and the regulation. For this purpose, the following procedures must be performed at the consulate:

1. Make an appointment at the consulate under the heading “Population”.

2. When going to the consulate, the foreign divorce and a notarized sworn translation of this decision are required.

3. In this way, if both spouses sign the form to be prepared by the consulate, the divorce will become valid in Turkey. However, with the latest amendment to the law in 2021, if the person you divorced is a foreign citizen, it will be possible to recognize the divorce by making a unilateral application.

Thus, with an application to the Civil Registry Office, the divorce abroad will be recognized in Turkey.

Can People Divorced Abroad Get Divorced in Turkey Without Coming to Turkey?

Yes, a person divorced abroad can get divorced in Turkey without coming to Turkey. This is because these procedures can be realized by applying to the consulates. According to Article 27/A added to Article 27 of the Population Services Law with the Decree Law No. 690, divorce decisions issued by foreign judicial or administrative authorities can be registered in the population registry by the population directorates if they meet the conditions specified in the law and the regulation. For this purpose, certain procedures must be carried out at the consulate. In addition, if this case will be carried out through a lawyer in order to carry out the necessary procedures, then there is no need to come to Turkey.

Acceptance and Rejection of the Application for Registration of Divorce Case to the Civil Registry Office

In order for the court decisions rendered abroad to be recognized in Turkey, a recognition and enforcement decision to be issued by the Turkish courts is required. Until 2018, in order for a divorce abroad to be recognized in Turkey, it was necessary to file a recognition and enforcement case. According to Article 27/A added to Article 27 of the Population Services Law by the Decree Law No. 690, divorce decisions issued by foreign judicial or administrative authorities can be registered in the population registry by the population directorates if they meet the conditions specified in the law and the regulation. Therefore, the method of recognizing a divorce abroad in Turkey will be through the Civil Registry Offices.

If the civil registry office determines that the necessary documents have been submitted and the other conditions are met, it will accept the application for registration of the divorce case. Thus, the divorce abroad will be recognized in Turkey.

However, if the documents are not brought correctly and the conditions are not met, the application for registration of the divorce case will be rejected. In this case, the recognition of the divorce abroad in Turkey cannot be achieved.

What is a Recognition and Enforcement Case for Divorce?

Recognition and enforcement cases are legal proceedings filed in order to validate the divorce decisions rendered by foreign courts in Turkey. These lawsuits are necessary for people who divorced in a foreign country to officially recognize their divorce decisions in Turkey and to validate their legal consequences. It is especially important for legal transactions of couples (remarriage, division of property, etc.) and for updating civil registry records.

1. Recognition Case

Recognition proceedings provide for the recognition of a foreign court’s divorce judgment as a final judgment in Turkey. In other words, individuals who are divorced in a foreign country need to have this divorce judgment recognized by the court in order for it to be valid in Turkey. As a result of the recognition case, the divorce decree becomes valid for official records in Turkey, but does not have material and enforceable consequences (such as alimony or compensation).

2. Enforcement Case

The enforcement action, on the other hand, ensures that the divorce judgment rendered by the foreign court becomes enforceable. The enforcement judgment not only recognizes the divorce, but also ensures that the material provisions such as alimony, property division and compensation are enforceable in Turkey. Unlike the recognition case, the enforcement case, unlike the recognition case, is filed for the enforcement of the foreign court decision in Turkey and the actual realization of its legal consequences.

Anyone with a legal interest may request enforcement of the judgment. The petition for enforcement must include the state and court where the judgment was rendered, the judgment number, and a summary of the judgment. The competent court in this regard is the Civil Court of First Instance. The competent court is the court of the person’s place of residence in Turkey.

Conditions for Application to Turkish Courts for Decisions on Matters such as Alimony and Custody

Thanks to the above-mentioned Article 23/A of the Population Services Law, it is now possible to register the decisions of a foreign court or administrative authority regarding divorce, annulment of marriage , nullity of marriage and determination of whether the marriage exists or not, without the need to file a recognition case in Turkish courts, by applying the above-mentioned procedure.

For the decisions of foreign courts or administrative authorities that contain enforcement provisions, i.e. enforceable provisions regarding issues such as alimony and custody, it will be necessary to apply to Turkish Courts.

Necessity of Recognition and Enforcement

Unless the divorce decree issued by the foreign court is recognized by the Turkish courts, the parties are not considered divorced in Turkey.

In this case, the parties cannot remarry as the marriage union appears to continue in Turkey. Even if the parties renounce their Turkish citizenship and acquire citizenship of another country, they will face problems when they want to remarry. This is because they still appear to be married in Turkey.

Foreign court judgments that are not recognized and enforced by Turkish courts cannot be enforced in Turkey.

What does the court in Turkey take into account in recognition and enforcement cases?

In the recognition case, the judge does not reconsider the issues related to the divorce in the divorce decision issued by the foreign court. In other words, he/she does not make a decision on the merits of the divorce.

Our citizens are especially hesitant about this issue. Issues such as custody, alimony, division of property are not revisited by the Turkish Court hearing the enforcement case.

Turkish Legislation on Recognition and Enforcement

Recognition and enforcement of foreign court judgments are regulated in the Law No. 5718 on Private International Law and Procedural Law (IPPL):

Tenfize Decision

Article 50

(1) The execution in Turkey of judgments rendered by foreign courts in civil cases and finalized in accordance with the laws of that state shall be subject to the issuance of an enforcement decision by the competent Turkish court.

(2) An enforcement decision may also be requested for the provisions related to personal rights in the criminal judgments of foreign courts.

Duties and Authority

Article 51

(1) The court having jurisdiction over enforcement decisions shall be the court of first instance.

(2) These decisions may be requested from the court where the person against whom enforcement is sought has his/her domicile in Turkey, or if there is no domicile or place of residence in Turkey, from one of the courts of Ankara, Istanbul or Izmir.

Tenfiz Request

Article 52

(1) Any person who has a legal interest in the enforcement of the judgment may request enforcement. The request for enforcement shall be made by petition. The petition shall be accompanied by as many copies as the number of opposing parties. The following matters shall be included in the petition:

a) The names, surnames and addresses of the party seeking enforcement and of the other party and of their legal representatives and attorneys, if any.

b) The State court from which the judgment subject to enforcement was rendered, the name of the court, the date and number of the judgment and a summary of the judgment.

c) If enforcement is sought in respect of a part of the judgment, which part it is.

Documents to Be Attached to the Petition

Article 53

(1) The following documents shall be attached to the petition for enforcement

a) The original foreign court judgment duly certified by the authorities of that country or a copy certified by the judicial body issuing the judgment and its certified translation.

b) A letter or document showing that the judgment has become final and duly certified by the authorities of that country and its certified translation.

Conditions for Enforcement

Article 54

(1) The competent court shall decide on enforcement under the following conditions

a) there is an agreement between the Republic of Turkey and the state where the judgment was rendered on the basis of reciprocity, or there is a provision of law or de facto practice in that state enabling the enforcement of judgments rendered by Turkish courts.

b) The judgment has been rendered in a matter which does not fall within the exclusive jurisdiction of Turkish courts, or, provided that the defendant objects, the judgment has not been rendered by a court of a state which recognizes jurisdiction over the subject matter of the case or the parties, even though it has no real relation to the subject matter or the parties.

c) The judgment is not clearly contrary to public order.

ç) The person against whom enforcement is sought has not been duly summoned to the court which rendered the judgment or has not been represented therein, or a judgment has been rendered in his absence or in the absence of the person against whom enforcement is sought pursuant to the laws of that place, and such person has not objected to the Turkish court against the request for enforcement based on one of the foregoing matters.

Importance of Legal Support

Complex legal processes such as the recognition and enforcement of foreign court judgments involve sensitivities that can only be managed with legal knowledge and experience. As Güneş&Güneş Law Office, we provide services in Turkish, English, Russian, German, German, Dutch and Ukrainian languages and we have a wide knowledge and 25 years of experience in order to protect our clients’ rights in the most effective way. We meticulously evaluate each case and follow the process closely from the beginning to the end, ensuring the national and international legal security of our clients. With our professional team and disciplined working approach, we are at your side to achieve the most accurate results in recognition and enforcement processes.