Frequently Asked Questions About the Recognition and Enforcement of Divorce Decisions Obtained Abroad in Turkey

What must be done for a foreign court divorce decision to be valid in Turkey?
What are the differences between recognition lawsuits and enforcement lawsuits in Turkey?
In which cases is a recognition lawsuit sufficient in Turkey?
For which divorce decisions must an enforcement lawsuit be filed in Turkey?
How does the process of filing a recognition lawsuit proceed in Turkey?
What documents are required to file an enforcement lawsuit in Turkey?
Why is an apostille certificate mandatory in recognition and enforcement lawsuits in Turkey?
Is the consent of the opposing party required for the recognition of a foreign divorce decision in Turkey?
How long do recognition and enforcement lawsuits usually take in Turkey?
Is it mandatory to come from abroad to file recognition and enforcement lawsuits in Turkey?
How is a foreign divorce decision including alimony enforced in Turkey?
Can alimony be collected in Turkey without an enforcement lawsuit?
What can be done if a recognition or enforcement lawsuit is rejected in Turkey?
Which courts have jurisdiction over recognition and enforcement lawsuits in Turkey?
Is it possible to remarry in Turkey without the recognition of a foreign divorce decision?
Is it mandatory to hire a lawyer for recognition and enforcement lawsuits in Turkey?
Which foreign documents require translation for recognition lawsuits in Turkey?
How are population registry procedures carried out after obtaining recognition and enforcement decisions in Turkey?
How is public order violation assessed in enforcement lawsuits in Turkey?
What are the advantages provided by KL Legal Consultancy during the recognition and enforcement process in Turkey?

Recognition and Enforcement of Divorce Decisions Obtained Abroad in Turkey

How do divorce decisions obtained abroad become valid in Turkey?

Divorce decisions given in foreign countries do not automatically produce legal effects in Turkey. For these decisions to be valid in Turkey, they must be recognized or enforced by Turkish courts. The concepts of recognition and enforcement are regulated within the scope of the Law No. 5718 on International Private Law and Procedure (MÖHUK) and hold great importance especially for Turkish citizens living abroad and individuals holding dual citizenship.

Recognition means that a foreign court decision is accepted in Turkey only as a final judgment. This is sufficient for the parties to be officially considered divorced also in Turkey. For example, with the recognition of a divorce decision finalized in a German court, the individuals are no longer regarded as married in Turkey.

Enforcement, unlike recognition, enables the foreign court decision to become enforceable in Turkey. If the foreign court divorce decision also determines enforceable obligations such as alimony, custody, or compensation, an enforcement decision is required for these decisions to be valid in Turkey. In other words, recognition alone is insufficient in such cases.

In this context, it is a legal necessity for those who want the divorce decisions to be valid in Turkey to file recognition or enforcement lawsuits. Otherwise, they continue to officially appear as married in Turkey, causing problems in many areas such as remarriage, division of property, and inheritance procedures.

Obtaining support from a Turkey recognition and enforcement lawyer or a Turkey foreign nationals law lawyer during the process of recognition or enforcement of decisions taken abroad in Turkey ensures that the procedures are completed quickly, accurately, and completely. Especially for those living abroad, conducting the process by power of attorney saves time and allows professional overcoming of legal obstacles that may arise during the court process.

Legal Meaning of Recognition and Enforcement Concepts in Turkey

What is the difference between recognition and enforcement in Turkey?

In Turkey, the concepts of “recognition” and “enforcement” carry distinct legal meanings regarding the validity of foreign court decisions. Both procedures ensure the acceptance of foreign decisions in Turkey, but differ in terms of legal consequences.

Recognition means that a foreign court decision is accepted in Turkey only as a final judgment. This implies that the decision's substantive content is not reexamined, and it is accepted as valid in Turkey. For example, a divorce decision finalized abroad shows the termination of the marital union, and with its recognition in Turkey, the parties are removed from the marital status. However, recognition alone is insufficient for the execution of financial and child-related provisions linked to this decision.

Enforcement means that a foreign court decision becomes enforceable in Turkey. In other words, the decision is not only recognized but also becomes executable in Turkey. For enforcement, the decision must be both finalized and not contrary to public order, exclusive jurisdiction of Turkish courts, and procedural rules in Turkey.

Especially in divorce decisions, if there are enforceable provisions such as alimony, custody, or compensation linked to the termination of marriage, recognition alone will not suffice. In such cases, it is mandatory to file an enforcement lawsuit.

To ensure uniformity in practice in recognition and enforcement lawsuits in Turkey, it is necessary to correctly understand the difference between these two procedures. Those dealing with the Turkey recognition and enforcement application process should know by which procedures foreign family law decisions may become valid in Turkey, thus preventing legal problems that may arise later.

Again, acting under the guidance of a Turkey foreign nationals law lawyer during this process is of great importance for the correct and swift progress of the application process.

Legal Basis of Recognition and Enforcement Lawsuits in Turkey

Which legal regulations govern recognition and enforcement procedures in Turkey?

The legal pathway to be applied for the validity of divorce decisions obtained abroad in Turkey is regulated under the Law No. 5718 on International Private Law and Procedure (MÖHUK). Articles 50 to 59 of this Law contain detailed procedures, jurisdiction, documents, and conditions related to recognition and enforcement.

According to Article 50, enforcement in Turkey of court decisions relating to civil cases given in foreign countries and finalized according to that country's laws is conditional upon the issuance of an enforcement decision by the competent Turkish court. The same principle applies to personal rights in criminal cases.

Article 51 states that the competent court for recognition and enforcement lawsuits is the civil court of first instance. The competent court is the court of the defendant's place of residence in Turkey. If there is no place of residence, the court of the place where the defendant resides, and if that is also absent, one of the courts in Ankara, Istanbul, or Izmir is competent.

Articles 52 and 53 regulate that the recognition and enforcement application must be made by petition, specifying what information the petition must contain and the compulsory attachments. These include the original or properly certified copy of the foreign court decision, a document proving the finality of the decision, and the sworn translated and properly certified versions of these documents.

Article 54 requires that four basic conditions must be met for an enforcement decision to be granted:

Reciprocity between Turkey and the country where the decision was made,
The decision does not fall under the exclusive jurisdiction of Turkish courts,
The judgment is not clearly contrary to Turkish public order,
The opposing party was properly summoned to court and has exercised the right to defense.

Recognition procedures are regulated in Article 58 of MÖHUK. For recognition, the reciprocity condition in Article 54 is not sought, but the other conditions apply equally. A recognition decision means that the relevant foreign court decision is accepted in Turkey as conclusive evidence and a final judgment.

According to these provisions, although the recognition and enforcement process is bound by certain legal rules, it includes serious technical details and procedures in practice. Therefore, especially Turkish citizens living abroad or foreign nationals conducting this process under the guidance of a Turkey recognition and enforcement lawyer or a Turkey foreign nationals law lawyer will prevent loss of rights and time.

Filing Process and Conditions of Recognition Lawsuits in Turkey

How is a recognition lawsuit filed in Turkey and what conditions are required?

Persons who want divorce decisions obtained from foreign courts to be valid in Turkey only for the purpose of accepting the fact that the marriage has ended must file a recognition lawsuit. A recognition lawsuit is sufficient for decisions that do not include enforceable provisions (alimony, compensation, etc.).

The recognition lawsuit is conducted within the scope of Articles 58 and 59 of Law No. 5718 (MÖHUK). In this lawsuit, the court does not examine the substance of the foreign decision; it only decides whether the decision can be accepted in Turkey as conclusive evidence and a final judgment.

The following basic conditions must be met to file a recognition lawsuit:

The decision must have been issued by a foreign court,
The decision must be final,
The parties must have been properly summoned to hearings and represented,
The content of the decision must not be contrary to Turkish public order.

The recognition lawsuit is filed in the civil court of first instance of the place of residence of one of the parties in Turkey. If there is no place of residence, the lawsuit can be filed in the courts of Istanbul, Ankara, or Izmir.

The following documents are required for the application:

The original or certified copy of the foreign court decision,
An official document proving the finality of the decision,
The sworn translation and notarized/certified version of the decision and finality document,
The identity information of the parties, and the power of attorney to be used for the lawsuit in Turkey.

Only one party’s application is sufficient to open a recognition lawsuit. It is not necessary for the ex-spouse to be in Turkey or attend the hearing. However, if the opposing party's explicit consent can be shown by notarized consent or a declaration attached to the court decision, the process is greatly expedited.

Persons living abroad can conduct the recognition lawsuit through an Izmir recognition and enforcement lawyer or a Karşıyaka foreign nationals law lawyer. Conducting the procedures by power of attorney does not require the applicant to come to Turkey and accelerates the lawsuit process smoothly.

Conditions and Process Required for Enforcement Lawsuits in Turkey

What conditions are required for enforcement of foreign divorce decisions in Turkey?

If foreign court divorce decisions include enforceable provisions such as alimony, custody, or compensation, it is mandatory to file an enforcement lawsuit to make these decisions enforceable in Turkey. While a recognition lawsuit only accepts the termination of marriage, an enforcement lawsuit also enables execution of the decision in Turkey.

The enforcement process is detailed between Articles 50 to 57 of the Law No. 5718 on International Private Law and Procedure (MÖHUK). The relevant court examines the case by summary procedure depending on whether there is a dispute between the parties.

Basic Conditions Required to File an Enforcement Lawsuit in Turkey:

Final foreign court decision: The decision must be final according to the law of the country where it was issued.
Principle of reciprocity: There must be an agreement, law, or de facto practice between Turkey and the country where the decision was made allowing mutual recognition and enforcement (MÖHUK Article 54/1-a).
No violation of Turkish public order: If the content of the decision is clearly contrary to Turkish public order, the enforcement request is rejected.
Procedural due process: The opposing party must have been properly summoned by the foreign court and exercised the right of defense.
Jurisdiction of the court: The decision must have been made in a matter outside the exclusive jurisdiction of Turkish courts.

Competent and Jurisdictional Court

The competent court in enforcement lawsuits is the civil court of first instance. The competent court is the court of the defendant's place of residence in Turkey; if there is none, one of the courts of Istanbul, Ankara, or Izmir may be preferred (MÖHUK Article 51).

Required Documents:

The original or certified copy of the foreign court judgment,
The document proving the finality of the decision,
The sworn translation and notarized or consular certified copy of these documents,
Identity and address information of plaintiff and defendant,
It is possible to conduct the procedure through a lawyer with a power of attorney.

It is possible for individuals living abroad to conduct this process without coming to Turkey. Especially if the ex-spouse intends to prolong the notification process, the lawsuit may be delayed. Consent declarations taken in front of a notary or agreement texts attached to the divorce decision may speed up the process.

Even the smallest error in the enforcement process may result in rejection of the case or new procedures lasting years. Therefore, obtaining support from a Turkey foreign nationals law lawyer or an Izmir recognition and enforcement lawyer is of great importance for an error-free and swift process.

Documents Required for Recognition and Enforcement Lawsuits in Turkey

Which documents are required in Turkey for recognition and enforcement lawsuits?

The documents to be submitted to the court for recognition or enforcement of divorce decisions issued abroad are of great importance. Complete and procedurally proper preparation of documents ensures a fast and smooth process. Otherwise, the court may reject the case due to deficiencies or extend the process with long document completion requests.

Article 53 of Law No. 5718 (MÖHUK) clearly regulates the documents to be submitted in recognition and enforcement applications. Accordingly, the plaintiff must submit the following documents with the lawsuit petition to the court:

Mandatory Documents:

The original of the foreign court decision or a certified copy approved by the judicial authority issuing the judgment,
A document proving the finality of the decision, prepared and duly certified by the relevant authorities of the country,
The decision and finality document translated into Turkish by a sworn translator,
The translations certified by a notary or Turkish Consulate,
Apostille certificate: A certificate proving the authenticity of the foreign court decision, issued by countries party to the Hague Convention. Usually found on the back page of the decision,
A divorce power of attorney to be given to the lawyer in Turkey: must be photographic, notarized, or issued by the consulate,
Copies of passports and IDs of the parties,
Copies of petitions and annex documents equal to the number of opposing parties, necessary for court notification.

It is very important to receive professional legal assistance to prepare these documents completely and properly. Especially mistakes in document certification may lead to invalidation of documents and postponement of the case. Conducting the process through expert lawyers such as an Izmir recognition and enforcement lawyer or a Karşıyaka divorce lawyer minimizes risks.

What Is an Apostille Certificate and Why Is It Necessary for Recognition in Turkey?

Why is an apostille certificate mandatory in recognition and enforcement lawsuits in Turkey?

One of the most critical elements to pay attention to during the recognition and enforcement process of foreign court decisions in Turkey is the submission of the decision together with apostille certification. Apostille is a special certification system that ensures the international recognition of an official document issued abroad so that it is valid in Turkey.

The apostille practice is regulated under the 1961 Hague Convention (Convention Abolishing the Requirement of Legalisation for Foreign Public Documents). Turkey is also a party to this convention. Therefore, official documents issued between contracting countries become mutually valid in each other's legal systems with apostille certification.

What Happens Without an Apostille Certificate?

Documents without an apostille certificate are not accepted as official documents by Turkish courts. This may lead the court not to consider the document as evidence or reject the case. Apostille shows that the court or country authorities issuing the decision officially recognize and confirm its validity.

Where and How Is the Apostille Certificate Obtained?

The apostille process is carried out by designated official authorities of the country where the decision was made. Usually, it is issued by:

Court clerks or judicial directorates,
Notaries (varies by country),
Central authorities such as Ministries of Interior or Justice.

The apostille certificate is usually added as a stamp or label on the back page of the court decision. The apostilled document is then sent for sworn translation, followed by notarization or consular certification to be ready for submission to the court.

Because the absence of documents delays the recognition and enforcement lawsuit process, these procedures must be checked by a Turkey recognition and enforcement lawyer or Turkey foreign nationals law lawyer. Documents sent to Turkey without an apostille may force the process to start over.

How Does the Recognition and Enforcement Lawsuit Process Progress in Turkey?

What are the steps of a recognition and enforcement lawsuit in Turkey?

Knowing how the process will progress is of great importance in terms of time and effort for those who want to file recognition and enforcement lawsuits in Turkey. Although the legal bases are clearly defined, there are many details to be considered for the fast and complete progress of the procedures in practice.

1. Granting Power of Attorney to a Lawyer

Parties living abroad can conduct procedures in Turkey through an Izmir recognition and enforcement lawyer or a Turkey foreign nationals law lawyer. When a notarized or consular-approved power of attorney is given to the lawyer, the person does not need to come to Turkey personally.

2. Preparation of Documents

Before filing a recognition or enforcement lawsuit, necessary documents must be prepared completely and properly. Documents include the original court decision, certificate of finality, apostille, translations, and identity information. Deficiencies or procedural irregularities in documents may block the process.

3. Preparation of Lawsuit Petition and Application

The lawyer prepares the lawsuit petition before the civil court of first instance together with the documents and files the application. The competent court is determined according to the defendant's place of residence in Turkey. If the defendant has no residence, courts in Istanbul, Ankara, or Izmir are competent.

4. Notification Process

Official notification is made to the defendant by the court. If the opposing party is not in Turkey, judicial notifications abroad may take a long time. Therefore, submission of consent statements by the defendant or processing through a joint attorney significantly accelerates the process.

5. Court Examination

In recognition lawsuits, the court only checks whether the foreign decision is finalized and whether formal conditions are met. In enforcement lawsuits, criteria such as public order violation and reciprocity principle are also examined. The court usually gives its decision without a hearing or with a single hearing.

6. Finalization of the Decision and Population Registry Procedures

After the recognition and enforcement decision is given, population registry procedures can be initiated following the finalization of the decision. Especially in divorce decisions, without recognition, parties continue to appear as married in Turkey. This causes problems in procedures such as remarriage.

Even the smallest mistake in this entire process may result in rejection of the lawsuit or a delay lasting years. Therefore, conducting the process under the guidance of a Karşıyaka recognition and enforcement application or Turkey divorce lawyer is of great importance.

Most Common Problems Encountered in Recognition and Enforcement Lawsuits in Turkey

What problems slow down or block the process in recognition and enforcement lawsuits?

Some frequently encountered problems during the recognition or enforcement of foreign court decisions in Turkey may cause prolongation of the lawsuit, invalidation of documents, or complete rejection of the case. Preventing these risks is only possible by working with an experienced Turkey recognition and enforcement lawyer.

1. Lack of Apostille or Incorrect Certifications on Documents

One of the most common problems is the absence of an apostille certificate or certification by wrong authorities. Turkish courts do not accept documents without apostille. Also, lack of sworn translation and notary/consulate certification has the same effect.

2. Absence of Finality Certificate

An official document showing that the foreign court decision is finalized must be attached to the application file. Otherwise, the court may reject the recognition or enforcement request assuming that the decision is not yet final.

3. Notification Issues

Especially if the defendant lives abroad, the court must apply to the relevant country authorities under judicial cooperation for notification. This process may take months. If the defendant does not consent openly or intentionally delays notification, the process may be blocked.

4. Violation of Public Order

If the foreign court decision is clearly contrary to Turkish public order (e.g., decisions involving polygamy, forced marriage, etc.), the court will neither recognize nor enforce this decision. Courts make this assessment ex officio and decide independently of the parties’ declarations.

5. Failure to Ensure Participation of the Parties in the Proceedings

If there are no documents showing that the parties were properly summoned and represented in the foreign court trial, the defendant may object in Turkey on this ground.

6. Documents Are Incomplete or Inconsistent

If there are discrepancies in dates, signatures, or content in the documents submitted—for example, conflicting decision and finalization dates—the court may refuse to accept the document. This leads to rejection of the application.

Because such problems involve technical details solvable only with expertise, proceeding under the guidance of an Izmir foreign nationals law lawyer or a Karşıyaka recognition and enforcement lawyer ensures the healthy completion of the process.

Importance of Lawyer Support in Recognition and Enforcement Procedures in Turkey

Why is lawyer support necessary in recognition and enforcement lawsuits?

The validity of a divorce decision obtained in a foreign country in Turkey is subject not only to formal but also serious technical and legal requirements. Therefore, obtaining professional lawyer support in recognition and enforcement lawsuits is vital for the healthy and swift progress of the process.

Recognition and enforcement processes are subject to certain formal conditions, procedural rules, jurisdiction principles, and document requirements within the scope of Law No. 5718 on International Private Law and Procedure. It is quite common for lawsuits to be rejected or delayed for years due to missing documents, improper powers of attorney, translation errors, or lack of apostille.

An expert Turkey recognition and enforcement lawyer or Turkey foreign nationals law lawyer provides on behalf of the client:

Proper preparation and certification of documents,
Filing the lawsuit in the appropriate court,
Legally invalidating opposing party objections,
Completing the notification process as quickly as possible,
Preparing complete and effective petitions to the court.

Moreover, the biggest advantage for those living abroad is that the lawsuit process can be completed without ever coming to Turkey. Lawyers can carry out all procedures on behalf of the client with a power of attorney and submit finalized court decisions to the population registry to ensure termination of the marriage record.

Even a small error in recognition or enforcement procedures may lead to results lasting years. Therefore, expert support not only saves time but also prevents loss of rights.

For the recognition of your divorce decision obtained abroad in Turkey, you can receive professional consultancy from KL Legal Consultancy. You can contact our expert lawyers and carry out your procedures in the fastest and safest way.

Recognition and Enforcement of Foreign Divorce Decrees in Turkey