LEGAL ASSESSMENT

The law of more than one country can affect the same family file

International family law covers family relationships that involve a foreign element because of the spouses’ citizenship, the countries in which they live, the center of the child’s life or the place where assets are located. The fact that a case is heard in Türkiye does not necessarily mean that Turkish law will apply to all claims. The court with jurisdiction, the applicable law and the effect the decision will have in another country are determined separately.

Güneş & Güneş Law Firm provides advice and representation in divorce, custody, personal contact, maintenance and matrimonial property files connected to Türkiye. The relationship of proceedings pending in a foreign country to applications in Türkiye is examined; where necessary, coordination is established with an attorney authorized in the relevant country.

SCOPE OF SERVICES

Our Services in International Family Files

Review the heading that fits your needs. The work to be undertaken is determined by assessing the documents and the circumstances of the file.

Jurisdiction and applicable law

At the outset, the country and legal system to which each claim is connected are determined.

Review of citizenship, place of residence and habitual residence information
Separate conflict-of-laws rules for marriage, divorce, maintenance and the matrimonial property regime
Checking applicable international conventions and special jurisdiction provisions

Divorce and judicial separation with a foreign element

The conditions of an action to be filed or already filed in Türkiye and its relationship to the file in the other country are assessed.

Preparation of grounds for the action, evidence and interim measures
Service of documents on the spouse abroad and translation needs
Planning the use of the decision rendered in Türkiye in another country

Custody and personal contact

The child’s living arrangements and need for protection are addressed together with international jurisdiction and the applicable law.

Review of care, education, health and existing court decisions
Arrangement of the personal contact schedule, travel and handover conditions
Protective measures concerning the child and expert assessments

International maintenance claims

The determination of maintenance and its collection in a foreign country or in Türkiye are planned as separate stages.

Assessment of income, need, ability to pay and existing decisions
Recognition or enforcement (tenfiz) of a foreign maintenance judgment
Coordination of the competent authority and a local attorney under the applicable conventions

Matrimonial property regime and cross-border assets

In claims concerning the spouses’ assets, the choice of law, the date of marriage and the country where the property is located are examined.

Identification of real estate, bank accounts, company shares and debts
Assessment of contribution, acquisition and financing records in accordance with the law
Planning claims for interim protection, valuation and liquidation

Foreign divorce judgments

The effect of a foreign judgment in Türkiye on marital status and on other claims is kept separate.

Review of the conditions of the administrative route for registration in the population records
An action for recognition or enforcement where necessary
Separate assessment of the provisions on maintenance, compensation and custody

Family protocols and agreements

Not only the signing of the agreement but also its effect in the countries where it will be applied is assessed.

Clear drafting of the provisions on divorce, maintenance and assets
Attention to the provisions concerning the child and to any necessary court supervision
Aligning the decision and its implementation through review by foreign counsel

Parentage and family records

The effect in Türkiye of foreign birth, marriage, divorce and parentage documents is examined.

Differences between population records and foreign official documents
Recognition, correction of records and necessary judicial routes
A document system that protects the confidentiality of child and family information

Relocation of the child and the link to return

Failure to return after international relocation or travel is handled separately from an ordinary custody dispute.

Separating permission for travel from consent to permanent relocation
Review of habitual residence, custody rights and existing decisions
Appropriate referral to the separate return process under the Hague Convention

BEFORE YOU DECIDE

Distinctions That Matter in International Family Cases

Explaining all of a family’s issues through a single law, a single court or a single foreign judgment can be misleading.

Citizenship, address and habitual residence

Habitual residence is a concept tied to the actual center of a person’s life; it is not the same in every case as the passport or the address in the population records. The child’s living arrangements are assessed separately. The date and connecting factor on which the relevant conflict-of-laws rule is based are checked for each claim.

The law governing divorce and the matrimonial property regime

Under MÖHUK, divorce and marital property are governed by different provisions. For marital property, the choice of law and the connections at the time of marriage matter; for the liquidation of immovable property, the law of the country where it is located matters. A divorce judgment does not automatically resolve all consequences of the property regime.

Registration in the population records versus enforcement

Administrative registration under Article 27/A of Law No. 5490, if its conditions are met, allows a foreign divorce judgment to be entered in the civil status record. This procedure does not mean that maintenance or compensation automatically becomes collectible in Türkiye. Provisions that require enforcement are examined separately.

The merits of custody versus the return of the child

The subject of the return review under the 1980 Hague Convention is the child’s return to the country of habitual residence. A return decision is not a decision that determines the merits of custody. The effect of the return and custody proceedings on each other is assessed within the framework of the relevant convention and Law No. 5717.

Foreign service of documents and the right to be heard

Giving proper notice to the spouse or other person concerned in the other country is important for the conduct of the proceedings and for whether the decision can be used in another country. Being aware of something through a messaging app does not, in every case, replace official service of documents.

Protective measures and domestic violence

Concrete risks relating to domestic violence or the child’s safety are addressed separately as a need for interim protection. A protection order issued in a foreign country is assessed under the procedure of the place where it is to be applied. In an urgent safety need, one should not wait only for a reply to an online consultation.

Proceedings in more than one country

The existing foreign file, its opening date, subject matter, parties and decisions should be disclosed at the first review. The effect of parallel proceedings on jurisdiction, lis pendens, recognition and the risk of conflicting decisions is assessed under the relevant rules; it does not produce the same result in every case.

OUR APPROACH

We Plan Your Family File Together, Country by Country and Claim by Claim

We first bring together the dates relating to marriage, living together, separation, the child’s place of residence and the assets. For each claim, jurisdiction, applicable law, evidence and the place where the decision will be applied are determined. The boundary between the step to be taken in Türkiye and the step to be pursued in a foreign country is explained; a work plan is drawn up that avoids unnecessary applications that undermine one another.

Identifying the family and country connections
Citizenships, countries of residence, dates of marriage and separation, the children’s actual living arrangements and existing files are reviewed.
Separating the claims and the need for protection
Divorce, custody, maintenance, matrimonial property, records and return issues are characterized separately; urgent safety needs and protection of assets are assessed.
Document and representation preparation
Power of attorney, foreign judgments, service of documents, translations and necessary certifications are prepared. If a foreign law opinion is needed, the scope of the work is determined with the authorized local attorney.
Conduct of negotiation and the judicial process
Negotiations, a protocol, an application or a lawsuit suited to the file are conducted. The best interests of the child, the lawfulness of the evidence and procedural rights are taken into account together.
Monitoring the effect of the decision in the other country
Registration, recognition, enforcement, collection of maintenance and updating of the relevant records are planned according to the scope of the decision; the outcome and subsequent steps are explained to the client.

PREPARING FOR THE FIRST CONSULTATION

Preparing for the First Consultation in an International Family File

A short summary of the facts is enough for the first inquiry. Detailed documents are requested through a secure channel once the scope of the review has been determined.

What you can prepare at the start

A brief summary of the spouses’ citizenships, countries of residence and important dates
Information on existing official records concerning the marriage and the children
A lawsuit already filed, a decision already issued, or the date of an upcoming hearing or service of documents
Basic information on the child’s living, school and care arrangements
Your request: divorce, custody, maintenance, assets, records or return

What may be requested depending on the file

Foreign court judgment, and finality and service documents
Family protocol, matrimonial property regime or choice-of-law agreement
Necessary income, expense, title deed, bank and company share records
Correspondence and other evidence obtained lawfully
A power of attorney suitable for representation, certification or exemption documents, and translations

Avoid unnecessary certification and data sharing for family documents

Before it is determined for which procedure a document will be used, the same certification, apostille or translation expense should not be incurred for all records. The exemptions in the applicable convention and the requirements of the relevant authority are checked. The child’s health, school and identity information is shared only to the necessary extent through a secure channel.

Confidentiality of your information

The information and documents you share are used, within the framework of the attorney’s professional secrecy and the principles of personal data protection, only for legal assessment and for carrying out the work undertaken. Do not send passwords, access codes or unnecessary identity information. For sensitive documents, use the secure sharing method that our office will specify.

Statement on confidentiality and information security

REPRESENTATION AND COMMUNICATION

Antalya-Based International Family Services with a Türkiye Connection

Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and based in Antalya since 2007, undertakes family law matters before courts and administrations with jurisdiction throughout Türkiye, according to the circumstances of the file. For Turkish citizens living abroad and foreign persons with a connection to Türkiye, documents, representation and the implementation of the decision are addressed together.

Communication in Turkish, English, German and Russian is available. Local legal representation in a foreign country is carried out by an attorney authorized in that country; the review of the country’s law, engagement, fees and information responsibilities are determined separately.

Scope of engagement

A divorce action, matrimonial property regime, collection of maintenance, recognition and enforcement, and the return of a child are not accepted as one and the same matter. The claims to be undertaken and the legal remedies are determined explicitly.

Fees and expenses

Separately from the attorney’s fee, court fees, service of documents, translation, court-appointed expert and, if needed, foreign counsel expenses are explained. The fee and scope of the consultation are communicated in advance.

Protection of child and family information

Communication and document sharing are conducted in accordance with professional secrecy and data protection rules. Collecting evidence through unauthorized access to the other party’s account or device is not recommended.

FREQUENTLY ASKED QUESTIONS

Questions About International Family Law

The answers are general information. The route and conditions that apply to your request are assessed on the basis of specific information and documents.

We both live abroad; can we get divorced in Türkiye?

Citizenship, any existing foreign case, the connection to Türkiye and the jurisdiction rules are examined. Whether an action can be filed in Türkiye and which court has jurisdiction are not the same for every couple.

Can a Turkish court apply foreign law?

Yes. The conflict-of-laws rules of MÖHUK may point to foreign law. Relevant international conventions, directly applicable rules and public policy provisions are assessed separately.

I got divorced abroad; do I need to get divorced again in Türkiye?

For an existing foreign judgment, administrative registration or the route of recognition may be considered depending on the conditions. It cannot be said that a new divorce action is required without examining the finality of the judgment, its scope and the necessary documents.

Does registration of the divorce judgment also allow me to collect maintenance?

Registration in the civil status record and the enforcement of a monetary claim are different. For the maintenance provision to be enforced, the relevant convention and the conditions for enforcement and collection are examined separately.

Does the child having dual citizenship determine custody?

Not by itself. The applicable law and conventions, the child’s actual center of life, care arrangements and best interests are assessed together.

Can I move to another country without the other parent’s permission?

The law of the country where the child lives, the authority over custody and over determining residence, and existing decisions should be examined beforehand. Permission given for temporary travel may not mean permission for permanent relocation.

Are all assets abroad divided equally in a divorce?

No. The applicable matrimonial property regime, the dates of acquisition and marriage, the nature of the property, debts and the country where it is located matter. An assumption of division in one country is not automatically carried over to the other country.

Can an uncontested divorce be completed entirely by power of attorney?

Under Turkish law, in an uncontested divorce the judge must hear the parties in person. A power of attorney does not by itself remove the requirement that the parties be heard; the manner of participation is assessed according to the file and court practice.

Can messages and documents in a foreign language serve as evidence?

Lawful acquisition, authenticity, integrity, relevance to the subject and the necessary translation requirements are examined. The mere existence of a screenshot does not mean that every allegation has been proven.

Can the same attorney conduct the case in every country?

Authority for professional representation varies from country to country. Our office conducts representation in Türkiye; for local representation in a foreign country, the engagement of the authorized attorney and the scope of coordination are determined separately.

Do we wait for the divorce case to end before seeking the child’s return?

Return and the merits of divorce and custody are different processes. Because of the child’s country of location, age, habitual residence and the conditions of the convention, the need for return should be assessed separately, without delay.

Can the duration of a family file be stated precisely in advance?

Service of documents abroad, review of foreign law, evidence, expert reports, legal remedies and the implementation of the decision in the other country affect the duration. No definite end date or outcome is promised.

RELATED SERVICES AND LEGAL BASIS

Find Information Related to Your Matter

International Law, Immigration and Cross-Border Matters

Official legal sources

The sources used in preparing this text were reviewed on October 4, 2026. A review of sources does not replace a legal opinion tailored to the individual.

NEXT STEP

Let’s Review the Türkiye and Foreign Connections of Your Family File

Please share your request, a short summary of the facts and, if any, the date of an upcoming step. At the first consultation, which documents will be reviewed and which legal routes will be considered is clarified.

Subject of the inquiry: International Family Law, Divorce and Custody

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First response: within 48 hours at the latest. This period is not the time in which the legal review is completed or the matter is concluded.

Submitting an inquiry does not mean that an attorney–client relationship has been established or that monitoring of the file and its time limits has been taken on. The consultation fee is communicated in advance.

International Family Law, Divorce and Custody