Divorce of Foreign Nationals in Türkiye
It is possible for foreign spouses or a foreigner married to a Turkish citizen to divorce in Türkiye. However, the authority of the court, the applicable law, notification abroad and the use of foreign documents require different evaluations than an ordinary divorce file.
The country in which the marriage took place does not alone determine the outcome. The spouses' citizenship, common habitual residence, ties to Türkiye, where the children live, and a case previously filed in another country should be examined together. If there is an existing obstacle for the foreign spouse to enter Turkey lifting the entry ban It should be handled separately from the divorce file.
Can a divorce case be filed in Türkiye?
The international jurisdiction of Turkish courts is determined by the Law No. 5718 on Private International Law and Procedural Law and the jurisdictional rules in domestic law. . The fact that one of the parties is a foreigner does not automatically render the court without jurisdiction. The spouses' settlement or habitual residence in Türkiye, the status of the Turkish citizen spouse and concrete ties are examined. Before filing a lawsuit, it should also be investigated whether there is an ongoing or finalized divorce file in another country.
Which Country's Law Applies to Divorce?
According to MÖHUK, the grounds for divorce and separation are subject to the common national law of the spouses. If the spouses have separate citizenships, joint habitual residence law; In the absence of this, Turkish law applies. This order is embodied in each file by citizenship and life center documents. The content of the foreign law to be applied can be investigated by the court; The examination may be facilitated if the parties provide official legislation, expert opinion and translation.
It is not correct to assume that "if the case is filed in Türkiye, Turkish law will definitely apply" in divorce with foreign elements; Conflict of laws rules also apply.
Can Consensual Divorce Be Made?
If the applicable law and Turkish procedural rules allow, the parties can arrange the financial consequences of the divorce and the situation of the children in a protocol. Participation or alimony, material and moral compensation, property and belongings claims, custody, personal relationship, travel and expenses should be clearly stated in the protocol. If one of the parties does not know Turkish, it is ensured that their will is expressed freely through an interpreter. The way the spouse living abroad will participate in the hearing should be planned with the court in advance.
In cases involving children or foreign assets, Attorney Mehmet Emin Kurşun also takes into account the consequences of the divorce provision in other countries while preparing the protocol. takes.
How to Use Foreign Documents?
| Document | Possible transaction | point of attention |
|---|---|---|
| Foreign marriage certificate | Apostille/certification and translation | Parties and date information of the marriage |
| Population or birth registration | Officially approved sample | Child and parentage information |
| income certificate | Translation and currency description | Alimony and financial strength |
| Foreign court decision | Finalization and recognition review | Whether it is valid in Türkiye or not |
It is checked whether the country where the document is issued is a party to the Apostille Convention or whether there is a special agreement with Türkiye. Apostille is not an automatic solution for every document and every country. Notary or consulate approval of the translation is prepared according to the type of document and the authority to which it will be presented.
How to Notify Abroad?
If the defendant spouse is abroad, the petition and hearing information must be notified properly. The method of notification may vary depending on the country where the person is located, international conventions and bilateral agreements. Incorrect or incomplete address can cause months of delay. Full address, postal code, identification information and, if possible, spelling in the local language should be prepared. The defendant's statement that he is aware of the hearing does not always eliminate the problem of improper notification.
For the effect of divorce on residence permit and right to stay in Turkey foreigners law A separate status assessment should be made within the scope of
How is Child Custody Determined?
The main criterion in custody is the best interest of the child. The child's age, care routine, education and health needs, sibling relationships, parents' living conditions and the child's opinion are evaluated. The fact that the child's habitual residence is in another country may have special consequences in terms of international jurisdiction and child abduction conventions. The fact that a parent is a stranger is not, in itself, a reason for losing custody. Issues such as taking the child out of the country, passport and travel permit should be clearly stated in the decision.
Alimony and Compensation Requests
The law applicable to alimony and compensation in divorce is determined based on the divorce status and the relevant special binding rules. If the parties' incomes are in different countries, payroll, tax registration, bank statements, rent and living expenses are presented in comparable currencies. The exchange rate difference and the country's cost of living should be explained. Since it may be difficult to reach the real income of a person living abroad, official institutional correspondence and concrete expenditure records become important.
Can the Property Regime Be Dissolved with Divorce?
Property regime claims are subject to legal rules and statute of limitations discussions separate from the divorce itself. The dates of marriage, the citizenship of the spouses at the time of marriage, the law they subsequently chose, the country where the real estate is located and the dates of acquisition are examined. Title deeds, company shares and bank assets in Türkiye and assets abroad may not be liquidated using the same method. If there is a need for precautions, the appropriate application is evaluated without waiting for the transfer of the property.
In divorces with foreign elements, Attorney Mehmet Emin Kurşun examines the authority of the court, the applicable law, notification abroad and the impact of foreign decisions in Turkey.
Is a Divorce Decision Made in a Foreign Country Valid in Türkiye?
Recognition or enforcement may be required for a foreign court decision to have final judgment or enforcement effect in Türkiye. There may also be an administrative way to register some foreign divorce decisions in the civil registry; Conditions are checked according to the file. The original decision, finalization annotation, apostille or certification and translation are prepared. If one of the parties wants alimony collection or property transfer in Türkiye, merely recognizing the divorce status may not be enough.
Effect on Residence and Citizenship Status
Divorce may affect the status of the foreigner staying in Türkiye with a family residence permit. Leave duration, marriage duration, domestic violence exemptions and conditions for transition to another type of residence should be evaluated without delay. If the application for citizenship through marriage is ongoing, the termination of the marriage union affects the conditions of the application. Filing a divorce case and finalizing the decision are different dates; It is checked which date is taken as basis for each administrative transaction.
Pre-Litigation Preparation
- Marriage and citizenship documents are collected.
- The last joint living place and current addresses of the spouses are determined.
- Cases and decisions in other countries are investigated.
- The children's habitual residence and travel records are obtained.
- Income, asset and need documents are prepared.
- The applicable law and notification method are determined.
Foreigners law process for the residence problems of the foreign spouse in Türkiye, and for property and post-death rights in the foreign country. inheritance right of foreigners should be considered as separate headings.
Domestic Violence and Emergency Protection
In case of domestic violence or threats, a foreign spouse may request protective and preventive measures in Turkey, regardless of his citizenship. Measures such as restraining, not disturbing through communication tools, temporary protection and accommodation may come to the fore before or during the divorce case. If there is an immediate risk, you should immediately apply to the law enforcement, prosecutor's office or relevant court to collect evidence.
Hospital reports, messages, photographs and witness information should be kept; If the foreign spouse's passport or residence card has been confiscated, this must be reported separately. The victim of violence may be able to benefit from special provisions regarding family residence permit. Issuance of a protection order does not automatically finalize the divorce; Custody, alimony and property demands are separately regulated in the appropriate case.
Hearing and Interpreter Process
It may be requested that a sworn translator be appointed to ensure that the party who does not speak Turkish can convey the statement correctly. It is important that the translator has no conflict of interest with the parties and translates legal concepts in an understandable manner. The party should not approve the report that it does not understand; The matter that he thinks has been translated incompletely or incorrectly should be recorded during the hearing. Video participation from abroad depends on the technical and procedural evaluation of the court.
It should not be forgotten that even if the parties reach an agreement, the protocol will not have the same effect in every country. Additional procedures may be required under the law of the relevant country for relocation of the child to another country, alimony in foreign currency and transfer of property abroad. These results should be evaluated before signing.
Frequently Asked Questions
Can two foreigners get divorced in Türkiye?
If Turkish courts have international and territorial jurisdiction, litigation is possible; concrete connections are examined.
Can't I file a lawsuit if my marriage certificate is not registered in Türkiye?
Lack of registration can be overcome; The foreign marriage certificate must be properly certified and translated.
If the foreign spouse does not come to the hearing, won't there be a divorce?
If proper notification is made, the case may proceed in your absence; Personal will declaration is also important in consensual divorce.
Does being a foreign citizen affect custody of the child?
Citizenship alone is not decisive; habitual residence and superior interest are taken as basis.
Is the decision abroad automatically recorded in the population?
Not always. The conditions and finalization documents of the administrative registration or recognition process should be checked.
Will divorce terminate my family residence permit immediately?
The outcome varies depending on the type of leave and personal circumstances; The possibility of switching to another type of residence should be evaluated in due time.
This text is for general information purposes only; It is not legal advice. Authorization, applicable law and document requirements vary depending on citizenship and country affiliations.
