Recognition of Foreign Divorce in Turkey

Questions

I divorced abroad; am I considered divorced in Turkey as well?
Is a divorce decision made abroad automatically valid in Turkey?
Can I remarry in Turkey without filing a recognition lawsuit?
Which court should I apply to for a recognition lawsuit in Turkey?
How can I have my foreign divorce decision recognized in Turkey?
What documents are required for a recognition lawsuit in Turkey?
What is an apostille, and why is it necessary in a recognition lawsuit in Turkey?
Is it possible to file a unilateral recognition lawsuit?
How long does the recognition process take in Turkey?
Is a lawyer mandatory for a recognition lawsuit?
Can a divorce decision be recognized at the consulate?
What should be done if the foreign divorce decision is not in Turkish?
Can the divorce be registered in the population registry in Turkey without filing a recognition lawsuit?
My spouse does not accept the divorce; can I still file a recognition lawsuit?
What is the difference between recognition and enforcement lawsuits?
There is an alimony ruling in my divorce decision; what should I do?
Can I appeal if the recognition lawsuit is rejected?
If I marry in Turkey without recognition, is it valid?
What are the fees and expenses for a recognition lawsuit?
If the foreign divorce is not recognized, is it necessary to divorce again in Turkey?

What Is the Recognition of a Divorce Occurring Abroad in Turkey?

What does it mean for a divorce decision taken abroad to be recognized in Turkey?

For a divorce that occurred abroad to produce legal effects in Turkey, it must be recognized by the Turkish legal system. This process is known as a "recognition lawsuit" and is carried out to ensure that divorce decisions given by foreign courts are deemed valid by the courts of the Republic of Turkey. Without completion of the recognition process, the divorce decision cannot be entered into official records in Turkey, and individuals are still considered married in terms of civil status.

The recognition of a foreign divorce in Turkey holds significant importance for many legal procedures, especially for remarrying, surname changes, determining inheritance rights, and updating population records. Although Law No. 5490 on Population Services introduced some facilitated methods other than court decisions for the recognition process, in most cases, application to the court remains mandatory.

Working with a Turkish citizenship lawyer or a Turkish foreign nationals law attorney to conduct these procedures completely and correctly offers great advantage. Moreover, a local expert lawyer such as an İzmir citizenship lawyer guides the client both in document preparation and in filing the lawsuit in the correct court.

Legal Basis for the Recognition of Foreign Divorce in Turkey

Which legal regulations are primarily applied in the recognition of foreign divorce decisions in Turkey?

The process concerning the recognition of foreign divorce decisions in Turkey is primarily regulated by Articles 50 and subsequent provisions of the International Private and Procedural Law No. 5718. According to this law, to validate foreign court divorce decisions in Turkey, a recognition lawsuit must be filed or, in some cases, a direct application to the population registry office is required.

Additionally, Law No. 5490 on Population Services and the regulations issued based on this law play an important role in the process of registering foreign court decisions in the Turkish population records. Especially where the parties act jointly, the divorce is finalized, and the decision is accompanied by a Turkish translation approved by a notary or bearing an apostille, it is possible to proceed directly at the population registry offices.

However, the process of recognizing foreign divorce decisions does not always conclude easily. Especially in unilateral applications, court proceedings are mandatory. Therefore, working with an expert Turkish citizenship lawyer or foreign nationals law attorney is critical to prevent legal errors and loss of time during the process.

Differences Between Recognition and Enforcement of Foreign Divorce in Turkey

How do recognition and enforcement of foreign divorces differ in Turkey?

For a foreign divorce decision to be valid in Turkey, one of two distinct legal procedures is applied: recognition or enforcement. Both procedures allow foreign court decisions to gain validity within the Turkish legal system, but they differ significantly in application and scope.

Recognition is used only to ensure that finalized divorce decisions are valid in Turkey. In this process, if it is determined that the foreign court decision was issued in accordance with due process and is not contrary to public order, the Turkish court recognizes the decision. Enforcement is necessary for making provisions of an executory nature, such as custody, alimony, and division of property, enforceable in Turkey.

For example, if a German court's divorce decision includes an alimony ruling for one of the parties, for this ruling to be enforceable in Turkey, an enforcement decision must be obtained in addition to recognition. Thus, recognition acknowledges the existence of the decision; enforcement allows the decision to be executed in Turkey.

Both types of lawsuits are subject to specific procedures, and since the process contains technical details, it is recommended to proceed with the assistance of a Turkish citizenship lawyer or foreign nationals law attorney. Choosing the wrong procedure or submitting incomplete documents may result in dismissal or delay of the case.

Documents Required for the Recognition of Foreign Divorce in Turkey

Which documents are required for the recognition of a foreign divorce decision in Turkey?

To have a foreign divorce decision recognized in Turkey, certain documents must be prepared completely and submitted to the court. If the documents are incomplete or procedurally incorrect, the lawsuit may be rejected or delayed.

The primary documents required for a recognition lawsuit are as follows:

The original finalized divorce decision issued by the foreign court,
A certificate of finality issued by the competent authorities of the country where the decision was given,
A notarized Turkish translation of this decision by a sworn translator,
Apostille certificate (if there is an apostille agreement between Turkey and the relevant country),
Documents showing the identity information of the parties (passport, identity card, residence permit, etc.),
Power of attorney issued for the person filing the recognition lawsuit (if filed through a lawyer),
Petition and any other supporting documents for the lawsuit to be filed in Turkey.

In the recognition lawsuit filed with these documents, the court particularly examines whether the foreign court decision has become final and whether it is not contrary to Turkish public order. Working with a Turkish citizenship lawyer or an İzmir citizenship lawyer during this process removes the risk of submitting incomplete documents and ensures smooth completion of the application.

Application Process for Recognition of Foreign Divorce in Turkey

How is the application for recognition of foreign divorce made in Turkey?

There are two ways to have a foreign divorce decision recognized in Turkey: filing a recognition lawsuit at the court or, in certain special cases, applying directly to the population registry office. The choice depends on the content of the divorce decision, whether the parties act jointly, and the manner in which the decision is documented.

1. Application to the Court (Recognition Lawsuit):
One or both parties file a recognition lawsuit at the local family court in Turkey. The plaintiff submits a petition together with documents containing the divorce decision and the certificate of finality. If the decision contains an executory ruling (e.g., alimony), enforcement should also be requested together with recognition.

The court examines the legality and public order compliance of the foreign court decision. If one party is not in Turkey and cannot be served, the process may be prolonged. Also, it is possible to file a recognition lawsuit unilaterally. In this case, the consent of the other party is not sought, but they must be duly notified according to procedure.

2. Application through the Population Registry Office:
If the parties apply jointly, the divorce decision can be submitted to the population registry office together with its Turkish translation and apostille certificate. In this case, it can be directly recorded in the population registry without filing a lawsuit. However, this practice is valid only if there is mutual agreement and the divorce decision only concerns the termination of the marriage.

Even a minor mistake in the process can lead to rejection or serious delays. Therefore, working with a Turkish foreign nationals law attorney or Turkish citizenship lawyer ensures safe and swift completion of the application process.

Competent and Authorized Court for Recognition Lawsuit in Turkey

Which court is competent in Turkey for the recognition of foreign divorce?

The competent court for lawsuits filed for the recognition of foreign divorce decisions in Turkey is the family court. In places where there is no family court, the civil court of first instance performs this duty. The designation of the competent court is made according to the provisions of Law No. 4787 on the Establishment, Duties, and Procedures of Family Courts.

As for jurisdiction, according to the Code of Civil Procedure, the court of the applicant's residence in Turkey is taken as the basis. If the applicant does not have a residence in Turkey, the last place of residence or the courts of Ankara, Istanbul, or İzmir are accepted as competent. Thus, a lawsuit can be filed through any court linked to the applicant’s place of residence in Turkey.

Filing the recognition lawsuit in the wrong court may cause dismissal on procedural grounds. Therefore, it is important to file the application at the correct place with appropriate documents. Foreigners seeking professional assistance can accelerate the process and avoid mistakes by working with specialist lawyers such as a Turkish citizenship lawyer or İzmir citizenship lawyer.

Can a recognition decision be issued in Turkey without the consent of the divorced spouses?

In the process of recognizing a foreign divorce in Turkey, the consent of both parties is not required. Therefore, even if one party is not in Turkey or does not consent, a recognition lawsuit can be filed. In such cases, the court obliges that the defendant party be duly notified according to procedural rules.

If the parties apply jointly, the recognition process is quite fast and can be completed through the population registry office without filing a lawsuit. However, in unilateral recognition lawsuits, if the other party does not have a residence in Turkey or cannot be contacted, international notification abroad may be required, which may prolong the process.

When giving a recognition decision, the court only assesses whether the divorce has been finalized and whether the decision is not contrary to Turkish public order. The agreement or objection of the parties does not directly affect this evaluation. However, statements submitted by the opposing party may be taken into account in some exceptional cases.

Notification rules, procedural compliance, and the accuracy of documents carry great importance in this process. Therefore, especially in unilateral recognition lawsuits, working with a Turkish foreign nationals law attorney is extremely important to eliminate the risk of rejection.

Recognition of Foreign Divorce through Consulates in Turkey

Is it possible to recognize a foreign divorce decision in Turkey through consulates?

For a foreign divorce decision to be valid in Turkey, processing can be done not only through courts but, in some cases, through Turkey’s foreign representations, i.e., consulates. However, this method is valid only when both parties accept the divorce decision and submit the necessary documents completely.

If the divorced spouses apply jointly and have the finalized divorce decision’s apostilled and notarized Turkish translation, they can initiate the recognition process by going to Turkey’s consulates abroad. Following this, the consulate notifies the relevant population registry in Turkey, and the civil status of the parties is updated as “divorced.”

However, this method applies only if the divorce decision is limited to divorce and does not include other rulings such as alimony, property division, or custody. If the decision contains executory provisions, processing through the consulate is not possible, and application to the court becomes mandatory.

Still, the proper procedural compliance of documents, finalization of the decision, and joint action of the parties are conditions for this method. To avoid complications, the correctness of documents should be checked with a Turkish citizenship lawyer or Turkish foreign nationals law attorney before applying.

Is It Possible to Remarry in Turkey Without Recognition of Foreign Divorce?

Is it legal to marry in Turkey without recognizing the foreign divorce?

A person who divorced abroad cannot remarry in Turkey without having that divorce decision recognized. Because in the official records of the Republic of Turkey, that person is still registered as married. This discrepancy in civil status constitutes an official obstacle in marriage procedures, and marriage applications are rejected during population registry checks.

To remarry in Turkey, the foreign court divorce decision must be recognized and registered in the population records. A marriage performed before this process is both legally invalid and may bring administrative fines and legal liabilities.

Especially for persons who divorced abroad and want to remarry in Turkey, the recognition process must be initiated and completed in time. Otherwise, discrepancies arise in official documents, marriage procedures are halted, and grievances may occur.

Therefore, the recognition process must always be completed before marriage plans in Turkey. Although the application process seems simple, missing documents, procedural irregularities, or notification problems may prolong the procedures. Therefore, applying with the guidance of a Turkish citizenship lawyer or İzmir citizenship lawyer ensures that the right to remarry is used legally and securely.

Grounds for Refusal of Recognition of Foreign Divorce in Turkey

Under what circumstances is the recognition of foreign divorce denied in Turkey?

Although recognition of foreign divorce decisions in Turkey is generally possible, in some cases, such requests may be rejected by the court. Rejection of the recognition lawsuit is usually based on reasons such as procedural deficiencies in documents or clear contradiction of the decision with Turkey’s public order.

The main grounds for rejection are:

Decision not finalized: The foreign court decision must be finalized after all appeals are exhausted. Decisions without a certificate of finality are not accepted.
Contradiction with public order: Decisions that clearly violate fundamental values accepted in Turkish law (for example, judgments made in the absence of one party, violation of the right to defense) are not recognized.
Improper notification: If the defendant party was not informed of the trial or could not exercise the right of defense, recognition may be refused.
Incomplete or forged documents: Missing required documents or detection of forgery leads to annulment of the recognition process.
Lack of jurisdiction of the foreign court: If the court that issued the decision lacked jurisdiction or if the judicial process did not comply with international private law rules, recognition may be prevented.

Rejection of the recognition lawsuit may require restarting the process. Therefore, completeness of documents, finalization of the decision, and procedural compliance must be carefully checked before filing. Working with a Turkish foreign nationals law attorney is highly important to prevent possible grounds for rejection and to accelerate the lawsuit process.

Importance of Lawyer Support in the Recognition Process of Foreign Divorce in Turkey

Why is working with a lawyer important in the process of recognizing foreign divorce decisions in Turkey?

The recognition process for foreign divorce decisions to become valid in Turkey is a legal procedure more complex and technically detailed than generally perceived. The process may be blocked or rejected especially due to procedural errors, missing documents, incorrect court selection, or insufficient notification. Therefore, professional support from an expert lawyer is crucial for smooth completion of the process.

A Turkish citizenship lawyer or a Turkish foreign nationals law attorney knows both which court to file the recognition lawsuit and how to organize the required documents correctly. When applying through a lawyer, the risk of incomplete documents is nearly eliminated, and complicated procedures such as international notifications are conducted quickly and correctly.

Furthermore, the lawyer plans rapid appeals and reapplications if the application is rejected, thus protecting the client's rights. Especially for foreign divorce decisions from other countries to be valid in Turkey, acting with the correct strategy is necessary. One mistake may cause grievances lasting for years.

In sensitive processes such as recognition of foreign divorce in Turkey, obtaining consultancy from an expert law firm like KL Legal Consultancy secures healthy and rapid progress of the process while protecting both personal rights and civil status. Professional support is always the most effective solution for complete and correct handling of your procedures.

You can receive professional consultancy from KL Legal Consultancy to ensure your Turkish citizenship application process and related procedures are conducted completely and correctly. By contacting our expert lawyers, you can protect your legal rights in the best possible way.