Foreigner’s Guide to Divorce Proceedings in Turkey
Turkey is a country where people from different cultures live together and international marriages are common. This situation brings up divorce cases of foreign nationals. The Turkish legal system has bound the divorce processes of foreign nationals to certain rules and legal procedures. In this guide, divorce processes of foreign nationals in Turkey will be discussed.
Steps to Follow in Divorce Process for Foreigners in Turkey
1. Basic Information
Who Can File for Divorce in Turkey
There is no requirement to be a Turkish citizen to file for divorce in Turkey. Foreign nationals residing in Turkey have the right to file for divorce just like Turkish citizens. According to Turkish Civil Law, any individual living in marital union can request divorce by showing cause. This applies to foreign couples living in Turkey as well.
Which Country’s Law Applies in Divorce Cases
Which country’s law will be applied in divorce cases of foreign nationals is determined within the framework of Law No. 5718 on International Private and Procedural Law (MÖHUK). According to this law, the common national law of the spouses is applied first. If the spouses have different citizenships, the law of their common habitual residence comes into effect. That is, the law of the country where the spouses live together is applied. If they don’t have a common habitual residence either, Turkish law applies.
| Situation | Applicable Law |
|---|---|
| Spouses share the same nationality | The common national law of the spouses |
| Spouses have different nationalities but share a common habitual residence | The law of their common habitual residence country |
| Spouses have different nationalities and no common habitual residence | Turkish law applies |
| Immovable property division (regardless of nationality) | The law of the country where the property is located |
| Cases where foreign law contradicts Turkish public order | Turkish law applies (especially for alimony and compensation rights) |
| Marriage conducted solely for obtaining citizenship (fraudulent marriage) | Turkish law applies with potential citizenship revocation |
Which Court Has Jurisdiction
The competent court in divorce cases filed by foreign nationals in Turkey is determined according to Article 168 of the Turkish Civil Code. Accordingly, the divorce case can be filed in the court of the place where one of the spouses resides or where they last lived together for at least six months before the case. For foreign spouses whose place of residence or place of cohabitation is not in Turkey, according to Article 41 of MÖHUK, the case can be filed in one of the courts in Ankara, Istanbul, or Izmir.
2. Preparation Before Divorce Case
Foreign nationals need to complete certain preparations before filing for divorce in Turkey. These preparations are of great importance for the smooth progress of the case and prevention of unnecessary time losses.
Required Documents
The basic documents that need to be submitted to the court when filing for divorce are: Valid identity documents of foreign spouses, marriage certificate, population registration sample, and residence document. An especially important point for foreign nationals is the requirement to be registered in the “Foreigners Registry” if they have obtained a residence permit for at least six months for any purpose in Turkey. Additionally, if it’s an uncontested divorce, the divorce protocol agreed upon by the parties must also be prepared.
| Document Type | Special Requirements for Foreigners |
|---|---|
| Valid Identity Documents | – Must be translated into Turkish. Translation must be notarized. Must be registered in the “Foreigners Registry” if residence permit for 6+ months. |
| Marriage Certificate | – Apostille certification required if obtained abroad. Must be translated by sworn translators. Translation must be notarized. |
| Population Registration Sample | – Foreign equivalents must be obtained from relevant authorities. Must have apostille or approval from country’s representation in Turkey. Must be translated into Turkish. |
| Residence Document | – Proof of residence in Turkey. Foreign documents must be officially translated. Must show at least 6 months residence for court jurisdiction. |
| Divorce Protocol (for uncontested divorce) | – Must be prepared in Turkish. All terms must be clearly stated. Should include arrangements for alimony, custody, and property division. |
| Power of Attorney | – Can be arranged at Turkish Consulate or before a notary abroad. Must have apostille if arranged in a foreign country. Must be translated into Turkish. |
| Foreign Court Documents (if applicable) | – Previous divorce attempts or other relevant court decisions. Must be apostilled. Must be translated by sworn translators. |
| Property Documents | – Documents for properties both in Turkey and abroad. Different rules apply depending on property location. Must be translated into Turkish. |
Note: All translation processes for foreign documents must be carried out by certified translators and must be notarized. Documents without Apostille or approval from the country’s representative office are not accepted by Turkish courts.
Translation and Apostille Procedures
All documents brought from foreign countries must be translated into Turkish and notarized. For documents obtained from foreign authorities to be valid in Turkey, they must bear an apostille or be approved by the representation of the country where the document was obtained in Turkey. The translation of documents must be done by sworn translators and notarized. These procedures are mandatory for the documents to be accepted by Turkish courts.
Attorney Selection and Power of Attorney Procedures
It is of great importance for foreign nationals to receive legal consultation during the divorce case process in Turkey. Working with an attorney experienced particularly in international divorce cases is critical for proper management of the process. A power of attorney must be arranged before a notary to authorize an attorney. For parties abroad, the power of attorney can be arranged at the Turkish Consulate in their country or before a notary. If the power of attorney is arranged in a foreign country, it must obtain an apostille and be translated into Turkish.
3. Case Process
The divorce case process for foreign nationals includes some additional procedures due to its special nature. Proper management of this process is critically important for the healthy progress of the case.
Preparation of the Petition
A divorce case begins with the petition to be submitted to the court. The petition must clearly state the identity information of the parties, date of marriage, information of children if any, reasons for divorce, and demands. In cases involving foreign nationals, the citizenship status of the parties and which country’s law will be applied must also be stated in the petition. Additionally, demands regarding ancillary rights such as alimony, custody, and property division must also be clearly stated in the petition.
International Notification Procedures
Notification procedures gain special importance when one of the spouses is abroad. International notifications are made through diplomatic channels via the Ministry of Foreign Affairs.
Notification documents are translated into the language of the country where the defendant lives and delivered through the competent authorities of that country. This process may take longer than normal notifications. As a last resort, notification by announcement can be used for foreign spouses whose addresses cannot be reached.
Hearing Process
When divorce hearings begin, the court first evaluates whether it has jurisdiction and which country’s law will apply. The presence of parties at hearings is essential, but it is not mandatory for parties living abroad. Representation through an attorney is possible. The court conducts necessary evidence collection, witness hearings, and other investigations if deemed necessary. In contested divorces, the process may take longer.
Translation Services
The court assigns sworn translators for foreign parties who do not speak Turkish. The translator attends hearings to provide translation and conveys parties’ statements to the court. Translation expenses are covered by the party filing the case. It is important that the translator is competent in legal terminology and capable of providing appropriate translation for court proceedings. Additionally, all foreign language documents to be submitted to the court must be translated into Turkish by a sworn translator.
4. Ancillary Rights of Divorce
In Turkish law, there are certain ancillary rights that need to be regulated along with the divorce decree. The regulation of these rights is also of great importance in divorce cases of foreign nationals.
Alimony Rights
There are two types of alimony in divorce cases: Temporary alimony and poverty alimony. Temporary alimony can be requested during the case process, while poverty alimony can be requested after divorce. Foreign spouses have the right to request alimony just like Turkish citizens. The economic conditions of the parties are considered when determining the alimony amount. The important point is that Turkish courts can rule for alimony even if foreign law does not allow it, as this is considered a requirement of Turkish public order.
Custody and Personal Relationship Arrangement
Regarding child custody, the court makes decisions considering the best interest of the child. The foreign nationality of spouses does not create a special situation in determining custody. The foreign parent granted custody has the right to take the child abroad. However, the other parent’s right to maintain personal relationships with the child must be protected. The court determines an appropriate schedule for regular visits between the child and the parent who does not have custody.
Property Division
The law to be applied in property division is determined according to the spouses’ common national law at the time of marriage or the law of their common habitual residence. If neither exists, Turkish law applies. As an important exception, the law of the country where the property is located applies to the division of immovable property. This means Turkish law will always apply for immovable properties in Turkey. For properties abroad, the law of that country will apply.
Compensation Rights
Material and moral compensation can be claimed in divorce cases. Material compensation can be requested by the innocent or less faulty spouse whose current or expected interests are damaged due to divorce. Moral compensation can be requested by the spouse whose personal rights have been violated. Even if foreign law does not allow compensation, Turkish courts can rule for compensation. Because the right to compensation is seen as a requirement of the basic understanding of justice in Turkish law.
5. Special Situations
There are some special situations that may be encountered in divorce cases of foreign nationals. Proper management of these situations is critically important for the healthy progress of the process.
Residence Permit and Citizenship Status
The post-divorce situation of people who have acquired Turkish citizenship through marriage is of special importance. If three years have passed since marriage and citizenship has been acquired, citizenship is not lost after divorce. However, in divorces that occur before three years, citizenship rights cannot be acquired. If it is determined that the marriage was made only for the purpose of obtaining citizenship (fraudulent marriage), citizenship may be revoked. Additionally, residence and work permits held by the foreign spouse after divorce may be cancelled depending on the specifics of the situation.
What to Do If There Is a Case Filed Abroad
If there is a previously filed divorce case abroad, the same case cannot be filed in Turkey. In this case, international lis pendens applies and Turkish courts dismiss the case on procedural grounds. Normal
For a divorce decree obtained from a foreign court to be valid in Turkey, a recognition and enforcement case must be filed. However, in cases where both parties are Turkish citizens, additional conditions are sought for the recognition of the foreign court decision.
Uncontested Divorce Option
Foreign spouses can also opt for uncontested divorce just like Turkish citizens. In this case, the parties must have agreed on all consequences of the divorce and must turn this agreement into a written protocol. Issues such as alimony, custody, and property division must be regulated in detail in the protocol. Uncontested divorce is resolved faster than contested divorce and is less wearing for the parties.
Contested Divorce Situation
When spouses cannot reach an agreement, contested divorce occurs. In this case, the case process takes longer and becomes more complex. In contested divorce, parties must prove their claims. Issues such as grounds for divorce, alimony, custody, and property division are examined in detail by the court. In contested divorce cases of foreign spouses, especially the notification procedures and evidence collection process may take longer.
| Uncontested Divorce (Anlaşmalı Boşanma) | Contested Divorce (Çekişmeli Boşanma) |
|---|---|
| Requires mutual agreement on all consequences of divorce. | Occurs when spouses cannot reach an agreement. |
| Both parties must sign a written protocol regulating alimony, custody, and property division. | Court examines grounds for divorce, alimony, custody, and property division in detail. |
| Process is resolved faster, typically within 1-3 court sessions. | Process takes longer, usually several months to over a year. |
| Less expensive in terms of court and attorney fees. | More expensive due to prolonged proceedings. |
| Single hearing is usually sufficient. | Multiple hearings are usually required. |
| More suitable for foreign nationals due to shorter process. | Challenging for foreign nationals due to notification procedures and evidence collection. |
| No need to prove fault or grounds for divorce. | Requires proving grounds for divorce (e.g., irreconcilable differences, fault). |
6. Post-Divorce Procedures
There are certain procedures that need to be completed after obtaining the divorce decree. Timely and correct completion of these procedures is important for the legal consequences of divorce to take full effect.
Finalization of the Decision
A divorce decree obtained from Turkish courts becomes final after a two-week appeal period following the notification of the decision to parties. If the foreign party is abroad, the notification process may take longer. Proper notification and expiration of the appeal period are required for the decision to become final. Official divorce procedures cannot be carried out without obtaining the finalization annotation.
Recognition Process in Foreign Countries
For a divorce decree obtained in Turkey to be valid in foreign countries, it needs to be recognized by the competent authorities of that country. This process is conducted according to each country’s internal legal rules. An apostilled copy and translation of the divorce decree are usually required for recognition. Some countries may request additional documents. The divorce decree does not take effect in the foreign country without the recognition process.
Population Registry Procedures
After the divorce decree becomes final, this status must be registered in population records. For foreign nationals, this procedure is done in the “Foreigners Registry”. For spouses who have Turkish citizenship, the procedure is done in the regular population registry. The finalized court decision must be transmitted to the relevant civil registry office for the procedures. If there was a surname change through marriage, which surname will be used after divorce is also specified in the decision.
Status of Residence and Work Permits
The status of residence and work permits of the foreign spouse in Turkey may change after divorce. Residence permits obtained due to marriage may end when the divorce decree becomes final. In this case, a new residence permit application may be required. If the work permit was also obtained due to marriage, a new work permit application may be required. Therefore, it is important to apply to relevant institutions after divorce to renew necessary permits or make new permit applications.
Conclusion:
The divorce process for foreign nationals in Turkey consists of important stages that need to be carefully followed. Preparation of correct documents, completion of translation procedures, and proper management of legal processes are critical for a successful outcome. Getting support from an experienced Turkey divorce lawyer in this process will prevent possible mistakes and ensure faster progress. Especially for foreign nationals, all steps need to be completed carefully to protect post-divorce rights and ensure international validity of the decision.
Soylu Law Office and Divorce in Turkey for Foreigners
Soylu Law Office provides specialized legal consultancy for foreign citizens in Istanbul. Our team, experienced in international divorce cases, professionally manages divorce proceedings in Turkey for clients from various countries. We meticulously handle all international document procedures including apostille and translation services.
We provide effective representation in Turkish courts to protect all rights of our foreign clients regarding alimony, custody, and property division. We stand by you throughout both uncontested and contested divorce processes.
For more assistance or consultation on this matter, you can contact us.
Foreigner’s Guide to Divorce Proceedings in Turkey
