Marriage of Foreigners in Turkey – Attorney Ozan Soylu

Marriage in Turkey has become increasingly common between citizens of different countries. Foreigners marrying in Turkey are subject to certain legal procedures, and this process can sometimes be complex. In this article, we will comprehensively examine the marriage process for foreigners in Turkey, the required documents, and important points to consider.

The steps that foreigners wishing to marry in Turkey must follow may differ depending on whether they are marrying Turkish citizens or in marriages between two foreigners. Additionally, marriage procedures for people with refugee status or stateless individuals are subject to special regulations.

This article aims to explain the legal processes that foreigners must follow to marry in Turkey, the documents needed, and important points to consider.

 

Marriage Conditions in Turkish Law

Marriage in Turkey is an official procedure that requires the fulfillment of certain conditions. For a marriage to take place, certain basic conditions must be met. These conditions apply to both Turkish citizens and foreigners.

Age Requirement

According to the Turkish Civil Code, if a man and woman have reached the age of 18, they can marry with their own consent. Exceptionally, those who have completed 17 years of age can marry with parental permission, and those who have completed 16 years of age can marry with judicial permission. However, minors who have completed 15 years of age can never marry, even if they are declared adults by the court.

Being Discerning (Having the Capacity to Discern)

Those who are to be married must have the capacity to discern. Mentally ill individuals cannot marry unless it is documented by an official health board report that there is no medical objection to their marriage. This requirement is to ensure that the person is in a position to understand the rights and responsibilities of marriage.

Kinship Prohibition

In Turkish law, marriage between persons with a certain degree of blood relation is prohibited:

• Between ascendants and descendants (such as parents and children)
• Between siblings
• Between uncles, maternal uncles, paternal aunts and maternal aunts with their nephews and nieces
• Between one spouse and the ascendants and descendants of the other, even if the marriage that created the affinity has ended
• Between the adopter and the adoptee or between one of them and the descendants and spouse of the other

Condition of Not Being Married

A person who is currently married cannot remarry. Persons who appear married in the population registry must prove that the previous marriage has ended through death, divorce or annulment. Additionally, this situation must be registered in the population records.

Waiting Period for Women

A woman who is divorced, whose marriage has been annulled, or whose husband has died cannot remarry until 300 days have passed from the date of the court decision regarding divorce or annulment of the marriage or from the date of her husband’s death. However, if the woman gives birth before this period expires or if the court decides to shorten or remove this period, the waiting period is eliminated.

 

Legal Framework for Foreigners Marrying in Turkey

Provisions regarding the marriage of foreigners in Turkey are regulated in the Turkish Civil Code, Population Services Law and Marriage Regulation. These regulations determine under what conditions and how foreigners can marry in Turkey.

Places Where Foreigners Can Marry

In Turkey, a Turkish citizen and a foreigner or two foreigners of different nationalities can marry before an authorized Turkish marriage officer. If one of the spouses is a foreigner, municipal marriage offices and population directorates are authorized to perform the marriage. Village headmen are not authorized in marriage proceedings of foreigners.

Two foreigners who are citizens of the same state may also marry before the consulate or embassy of that state in Turkey, provided that their national law grants authority. However, foreigners who are citizens of different countries cannot marry at the consulate; the marriage proceedings of these persons can only be performed before Turkish competent authorities.

Certificate of Capacity to Marry

For foreigners to be able to marry in Turkey, they must obtain a Certificate of Capacity to Marry from the authorities of the state of which they are nationals. This document shows the person’s full identity and whether there is any impediment to their marriage in terms of civil status. The document is issued by competent central authorities or by local representatives of that state and is duly certified.

The original of the document must be brought; photocopies or documents certified as “like the original” are not accepted. The Certificate of Capacity to Marry is valid for 6 months from the date it is issued.

Marriage of Refugees and Stateless Persons

Among foreigners under the Law No. 6458 on Foreigners and International Protection dated 4/4/2013; applications of stateless persons, refugees, conditional refugees, those with secondary protection status, international protection applicants, and foreigners taken under temporary protection who are in Turkey other than with a residence permit are accepted by marriage officers.

Whether these persons have marriage impediments is determined according to the information and documents in the files kept by provincial migration administration directorates, and a certificate of capacity to marry is issued. Marriage procedures for refugees may vary depending on the diplomatic relations between Turkey and the country of their origin.

 

Documents Required for Marriage

For foreigners to be able to marry in Turkey, they must submit certain documents. These documents generally prove that they meet the marriage requirements applicable to both Turkish citizens and foreigners.

Certificate of Capacity to Marry (Certificate of Celibacy/Marital Status)

Foreigners must obtain a Certificate of Capacity to Marry from the competent authorities in their own country or from their consulates in Turkey. This document must state the person’s name, surname, date of birth, place of birth, marital status and whether there is any impediment to their marriage. If the Certificate of Capacity to Marry does not contain information about the mother and father’s names, a Birth Certificate will also be requested.

If the document is obtained from the country’s consulate in Turkey, it must be approved by the District Governor’s Office Written Affairs Directorate and then a notarized Turkish translation must be made. If the document is obtained from the country’s Embassy in Ankara, it must be approved by the Ministry of Foreign Affairs.

Passport and Identity Documents

Foreign nationals must present their passports or identity cards issued by their countries during the marriage application. A notarized Turkish translation of the passport or identity document is also required.

If applying with a passport, the visa period of the passport must not have expired (the visa period must cover the wedding day). If the visa period has expired, a visa renewal or residence permit (Residence Certificate) must be brought. Marriage proceedings of foreign nationals without a residence permit will not be accepted.

Health Report

Foreigners applying for marriage must submit a health report from a family physician in Turkey. This report must contain information that there is no disease preventing marriage. The reports must be photographed and stamped, and for men, it must be indicated that a hereditary blood disease test (HPLC screening) has been performed.

Photograph

Foreign nationals must submit 4 passport-size photographs taken within the last six months during the marriage application. The photographs must be in color, taken from the front, and in civilian clothes. Women’s photographs with headscarves are also accepted provided that the forehead, chin and face are visible.

Marriage Declaration

If the foreign national does not know Turkish, they must have a notarized translation of the Marriage Declaration to be prepared by the Marriage Office in their own language. Additionally, they must have a sworn translator present during the marriage ceremony.

 

Certification of Documents (Authentication Procedures)

For documents issued by foreign official authorities to be valid in Turkey, they must undergo certain approval procedures. These approval procedures may vary depending on the source of the document and international conventions to which Turkey is a party.

Apostille Certification

Under the “Convention Abolishing the Requirement of Legalization for Foreign Public Documents” dated October 5, 1961, to which Turkey is also a party, documents certified with an apostille certification clause are accepted in Turkey without the need for any other procedure. It is sufficient to have a notarized Turkish translation of apostilled documents in Turkey.

The apostille clause is issued by the competent authority in the country where the document is issued and certifies the authenticity of the document. This clause can be printed on the original document, on the back, or on an additional page.

Multilingual Documents

Multilingual documents issued under conventions put into force by the International Commission on Civil Status (CIEC), to which Turkey is a party (especially Form A – birth certificate, Form B – marriage record), if issued in more than one language including Turkish, are accepted directly without any certification process.

Since these documents are multilingual, they do not need to be translated separately, and it is sufficient that they bear the signature and seal of the competent authority of the issuing country.

Consular Approval

If the document is obtained from the country’s consulate in Turkey, it must be approved by the Provincial Governor’s Office/District Governor’s Office authorities of the province where it was obtained, and then a notarized Turkish translation must be made. If the document is obtained from that country’s local authorities, it must be approved by the Turkish Embassy/Consulate in that country or approved by the representative of the document-issuing country in Turkey and certified by the Ministry of Foreign Affairs.

Documents obtained from honorary consulates are invalid and cannot be used in marriage proceedings.

 

Marriage Application and Procedure

For foreigners to be able to marry in Turkey, they must follow a specific procedure. This process includes various stages from application to the performance of the marriage ceremony.

Place and Time of Application

The marriage application must be made to the marriage office of the municipality where one of them resides. If one of the spouses is a foreigner, municipal marriage offices or population directorates are authorized. Foreign nationals cannot apply for marriage to village headmen’s offices.

The marriage application must be made by the couple together going to the marriage office in writing or orally. All required documents must be submitted completely at the time of application.

Examination of Documents

The marriage officer examines the submitted documents to check whether there is any impediment to marriage. If there are deficiencies or inconsistencies in the documents, the marriage application may be rejected. If there is doubt about the authenticity of the documents, the marriage office can verify the authenticity of the documents by corresponding with the relevant authorities.

If the marriage officer determines that there is no impediment to marriage, he/she determines the date and time of the marriage and notifies the couple. There is no need to announce the marriage decision.

Marriage Ceremony

The marriage ceremony can be held in official halls or places, as well as in private venues upon the request of the parties. However, official marriage ceremonies cannot be held in places inconsistent with the nature of marriage or in places of worship.

The marriage ceremony is performed in the presence of the marriage officer and at least two witnesses, with the personal participation of the parties. Marriage by proxy cannot be performed. During the ceremony, the marriage officer asks the parties whether they wish to marry and, after receiving an affirmative answer, declares that the marriage has been performed in accordance with the law.

If the foreign national does not know Turkish, a sworn translator must be present at the ceremony. The translator may be from among those who know the first official language of states recognized by the Turkish state.

Registration of Marriage

After the marriage procedure is completed, it is entered in the marriage register by the marriage officer and signed by the husband and wife, witnesses and officer. Thus, the formal element of marriage is completed.

Marriages performed before competent Turkish authorities in Turkey are reported to the population directorate of that place within 10 days from the date of marriage. Marriages performed by embassies, consulates general and consulates are registered in family registers by the consulates.

 

Legal Consequences of Marriage

Marriages performed by foreigners in Turkey have various legal consequences. These include issues such as which nationality the spouses will be subject to, residence permit and property regime.

Acquisition of Citizenship

Foreigners who marry Turkish citizens do not directly acquire Turkish citizenship through marriage. According to Law No. 5901 on Turkish Citizenship, foreigners who have been married to a Turkish citizen for at least three years and whose marriage continues may apply for citizenship.

For the application, conditions such as living within family unity, not engaging in an activity incompatible with the marriage union, and not having a situation that would constitute an obstacle in terms of national security and public order are sought.

Residence Permit

Foreigners who marry Turkish citizens may be granted a residence permit. According to Law No. 6458 on Foreigners and International Protection, foreigners married to Turkish citizens are granted a family residence permit for at least one year.

If there is reasonable suspicion that the marriage was made solely for the purpose of obtaining a residence permit, this situation is investigated by the governorates. If it is determined as a result of the investigation that the marriage was made for this purpose, a family residence permit is not granted or if it has been granted, it is canceled.

Property Regime

For foreigners marrying in Turkey, the legal property regime is the participation in acquired property regime according to the Turkish Civil Code. However, the parties may choose one of the other property regimes determined in the law by a property regime agreement to be made before or after marriage.

The property regime agreement is made by arranging or confirming at the notary. They can also notify in writing which property regime they have chosen at the time of marriage application.

• Separation of property regime
• Separation of property with equalization regime
• Community of property regime

 

Points to Consider

Foreigners need to pay attention to some important points in the marriage process in Turkey. These points are important for the marriage proceedings to be completed smoothly.

Document Validity Periods

The validity period of all documents submitted for marriage is 6 months from the date the document is issued. If the marriage contract is not made within this period, the file is canceled and a new application must be made.

The validity periods of the certificate of capacity to marry and other documents must also be sufficient for the wedding day. For this reason, it should be avoided to apply on a date close to the expiration of the documents.

Consistency Between Documents

Personal information (name, surname, place of birth, date of birth, mother’s name, father’s name) in the translated certificate of capacity to marry, birth certificate, passport and other documents must be exactly the same. The procedure will not be performed if there is a single letter or character difference.

The person’s last marital status (single, widowed or divorced) must be clearly stated in the certificate of capacity to marry. For divorced or widowed persons, the date of divorce or widowhood must also be included in the documents.

Language Barrier and Translator

If the foreign national does not know Turkish, he/she must have a notarized translation of the Marriage Declaration in his/her own language at the time of application and must have a sworn translator present during the marriage ceremony. The translator may be from among those who know the first official language of states recognized by the Turkish state.

All documents in foreign languages must be translated into Turkish and notarized. Multilingual documents (for example, those issued under CIEC conventions) are exceptions to this rule.

Residence and Visa Status

For foreign nationals to be able to apply for marriage, they must have a legal residence permit (residence certificate), work permit or visa exemption. Marriage proceedings of foreign nationals without a residence permit or whose visa period has expired will not be accepted.

The visa period must not have expired during the application and on the wedding day reservation. For this reason, applying for marriage on a date close to the expiration of the visa period may be risky.

 

Conclusion

Foreigners marrying in Turkey is a process that requires following certain legal procedures. In this process, foreign nationals must submit basic documents such as certificate of capacity to marry, passport, health report that they will obtain from their own countries or from consulates in Turkey.

Paying attention to issues such as validity of documents, certification procedures, translation requirements and residence status is important for the marriage process to be completed smoothly. Especially in marriages between citizens of different countries, it may be necessary to consider the legal requirements of both countries.

It is recommended that foreigners wishing to marry in Turkey prepare all necessary documents completely before application and seek legal advice when necessary. Additionally, since there are special regulations for people with refugee status or stateless persons, it would be beneficial for persons in this situation to obtain information from the relevant authorities.

In conclusion, while it is possible for foreigners to marry in Turkey, this process must be carried out in accordance with certain rules and procedures. Applications made with correct and complete information will ensure that the marriage process is completed quickly and smoothly.

 

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