Divorce Power of Attorney Sample in Turkey 

Divorce Power of Attorney in Turkish Law

In Turkey, a power of attorney is a document officially prepared by a notary that describes the scope and nature of representation authority that one person (the principal) gives to another (the attorney). It is crucial to differentiate between a power of attorney and a representation agreement. While the power of attorney involves the expression of will by one party, the representation agreement is a bilateral transaction under Turkish law, specifically Articles 502-504 of the Turkish Code of Obligations. It defines an agreement whereby the agent undertakes to manage or conduct a transaction on behalf of the principal. In contrast, the power of attorney in Turkey is used to authorize representation in legal proceedings or follow-ups.

In the scope of our discussion, legal power of attorneys regulated under Articles 71-83 of the Turkish Code of Civil Procedure fall into two categories:

1. General Power of Attorney

2. Special Power of Attorney

A general power of attorney in Turkish law is a document that enables an attorney to manage any cases that have been or will be initiated by or against the principal. It typically starts with the following clause:

“To represent me in all cases and follow-ups that have been initiated or will be initiated for or against me…”

This indicates that a general power of attorney covers representation in all cases and follow-ups. However, it cannot be used for cases and matters that require a special power of attorney.

A special power of attorney, on the other hand, is issued for representing specific cases only, such as a divorce power of attorney.

Divorce Power of Attorney Requirement

A divorce case necessitates a special power of attorney. According to Article 74 of the Turkish Code of Civil Procedure, titled “Situations requiring special authority in legal representation,” without specifying which rights are involved, an attorney cannot initiate or follow up on cases tightly linked to personal rights. Divorce is considered such a right. Therefore, the power of attorney given to an attorney for initiating or managing a divorce must explicitly grant this special authority.

Is a Photograph Necessary on a Divorce Power of Attorney?

Yes, a photograph of the principal must be included on the divorce power of attorney according to Article 93 of the Notary Regulation, which follows Article 80 of the Turkish Notary Law No. 1512. This applies to everyone issuing a divorce power of attorney, regardless of whether they are Turkish citizens.

Example of a Divorce Power of Attorney

Like other power of attorneys, a divorce power of attorney is prepared by a notary in Turkey. When applying at the notary, one simply needs to specify that it is for a divorce case and provide the attorney’s details. The content of the power of attorney should sufficiently include the following:

“Whether it’s the divorce or separation cases initiated by my spouse with Turkish ID number ….. against me, or those that I have initiated or will initiate against my spouse …”

If authority for other legal actions besides divorce is desired, then the following clause should be added:

“… for this and other unrelated legal actions and follow-ups…”

The powers mentioned above are available in a standardized form at notaries and consulates.

Information and Documents Required for Issuing a Power of Attorney

To issue a divorce power of attorney in Turkey, the following information and documents must be provided to the notary:

– The principal’s identity card or passport,

– Four passport-size photographs,

– Details of the attorney (Name, surname, Turkish ID number)

Issuing a Power of Attorney at Turkish Consulates for Non-Turkish Citizen

Non-Turkish citizens can draft a power of attorney at Turkish Consulates by presenting an identity document or passport issued by the authorities of their country of citizenship. If they do not speak Turkish, they must be accompanied by a sworn translator who speaks their language. Once the fee is paid, the prepared power of attorney is delivered to the representative. The cost of the power of attorney varies depending on its type and number of pages and may change at the end of the year based on the amounts set for the new year.

Issuing Power of Attorney in a Foreign Notary

Individuals residing in countries that are members of the Hague Conference on Private International Law can draft powers of attorney through local notaries when unable to access consular services. For these documents to be valid in Turkey, they must include an apostille, which is an official certification recognized internationally. The process of issuing an apostille varies by country; for example, in Germany, it is issued by the president of the regional court, whereas in Turkey, it is done by district governorships or provincial governor’s offices.

Due to differences in legal systems, those drafting a power of attorney abroad may need to prepare the document themselves in either Turkish or the official language of the notary’s country, depending on the document’s requirements. If the power involves real estate transactions, it must be in the local official language.

The document should have a photograph on the first page and a copy of an identification document like a passport on the last page, both verified by the notary. After notarization and apostille certification, the power of attorney must be translated into Turkish by a sworn translator at a consulate or a notary in Turkey.

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