FAMILY LAW · DIVORCE
International Divorce and Foreign Judgments
Foreign spouses, parties abroad, international jurisdiction and service. Distinguishing registration, recognition and enforcement of foreign divorce judgments.
Request a Consultation on DivorceForeign Spouses and Divorce with a Foreign Connection
Where one of the parties is a foreign national, the spouses live in different countries, the marriage was concluded abroad, a divorce case has been filed in another country, or the child and the assets are located in different countries, not only the Turkish Civil Code but also the rules of private international law are assessed.
Depending on the file, the following matters may be examined separately:
- The international jurisdiction of the Turkish courts and the court with territorial jurisdiction
- The law applicable to the divorce and separation
- The effect of a case previously filed in Türkiye or abroad
- Proper service of documents on the party abroad
- Apostille or other certification of foreign documents and their translation into Turkish
- Habitual residence, custody and personal contact with regard to the child
- Assets abroad and the enforceability of the judgment in another country
A divorce case filed or concluded in one country may not automatically produce the same result in another country. Jurisdiction, the applicable law, parallel proceedings and the need for recognition and enforcement must be examined together at the start of the file.
Registration, Recognition and Enforcement of a Foreign Divorce Judgment
The effect in Türkiye of a divorce judgment given by a judicial or administrative authority of a foreign country may vary depending on whether the judgment contains only the divorce result or also provisions on maintenance, custody, damages or assets.
If the statutory conditions are met, a foreign divorce judgment may be registered administratively in the family register under Article 27/A of the Population Services Law No. 5490. If the conditions for administrative registration are not met, or if it is sought that the other provisions of the foreign judgment have effect in Türkiye, a recognition or enforcement case under Law No. 5718 may be required. Registration, recognition and enforcement are not the same procedure.
The finality of the foreign judgment, proper notice to the parties, public policy, apostille or certification, translation and the provisions of the judgment to be enforced must be examined on the file.
Related detailed page: International Family Law, Divorce and Custody
Consultation and Scope of Services
Summarize the events in chronological order; if there is one, state the notification, the judgment and the approaching time limit. Before sharing sensitive documents, the necessary scope and the method of sharing must be determined.
Advisory work, litigation, legal remedies and post-judgment matters, as well as fees and expenses, are agreed separately.
Request a ConsultationLegal basis
Depending on the nature of the claim, the Turkish Civil Code and the relevant provisions on procedure, protection and private international law apply together.
This content is general information. It does not replace a review of the specific file. Submitting an inquiry alone does not create an attorney–client relationship and does not stop statutory time limits.