Having divorced abroad does not mean that all property problems in Türkiye are resolved by the foreign judgment. Recognition of the divorce, the applicable law, enforcement of the property ruling and the time limit for the action are examined separately. The first file review should be made through these four headings.
Which country’s law is determined first?
Article 15 of Law No. 5718 on Private International and Procedural Law (MÖHUK) regulates separately the situations in which a valid choice of law exists and those in which there is none. The connecting factors of citizenship and habitual residence at the time of the marriage are important. In the liquidation of immovable property, the law of the country where it is located is applied. Filing an action in Türkiye does not require that the provisions of the Turkish matrimonial property regime be applied directly to every asset. [2]
How should the scope of the foreign judgment be read?
It is determined whether the judgment contains only the termination of the marriage, or also a ruling on a company share, a monetary payment or immovable property. Registration of the divorce in the population registry does not take the place of enforcement of the property ruling in Türkiye. In recognition and enforcement, conditions such as finality, the right of defense, public policy and jurisdiction are assessed with respect to the specific ruling.
An important decision on the statute of limitations
The majority decision of the General Assembly of Civil Chambers of the Court of Cassation (Yargıtay Hukuk Genel Kurulu) dated November 29, 2023, Case No. 2022/1205, Decision No. 2023/1188, accepted that the period of the liquidation claim begins with the finalization of the foreign divorce ruling. Even though the recognition decision was issued later, the start was not moved to that date. The different approach in the dissenting opinion should not be presented as if it were the current majority result. [3]
When is a new action in Türkiye discussed?
It is investigated which claims the foreign property judgment covers and whether it produces res judicata effect in Türkiye. Asking again for an asset not regulated in the judgment is different from asking again for the same claim. The validity and scope of a foreign agreement must also be examined within the framework of the applicable law.
How is the document file prepared?
The whole of the foreign judgment, the finality certificate, a properly done certification and translation, citizenship and residence documents, the date of the marriage and, if any, a choice of law or a matrimonial property agreement are required. Assets in Türkiye and abroad are listed separately. Translating only the results page of the judgment may conceal the reasoning and the scope of the property ruling.
How are matrimonial property regime actions with a foreign element resolved?
Which protocol should be followed in a file with assets abroad?
| Review step | Question to ask | Key document to collect |
|---|---|---|
| Personal connection | What are the spouses’ citizenship/habitual residence at the time of the marriage and currently? | Population and citizenship records, residence documents, Blue Card, marriage certificate |
| Choice of law | Is there a valid matrimonial property agreement or choice of law? | Notary/court document, apostille or certification, sworn translation |
| Location of the asset | In which state/institution is the immovable property, company, account or digital asset? | Title deed, trade registry, bank and custodian institution records |
| Divorce judgment | On what date did the foreign judgment become final, and was it recognized in Türkiye? | Judgment, finality certificate, apostille/certification, recognition or population registration document |
| Obtaining evidence | Can the document be obtained directly or through judicial assistance? | Draft official letter, letter rogatory request, data preservation request |
| Enforcement | Is the desired result a monetary claim, or a transaction in rem on foreign immovable property? | Opinion on recognition/enforcement and enforcement law of the target country |
When investigating a “trust,” foundation, company or nominee structure in a foreign country, the legal owner and the beneficial owner must be separated; it must be taken into account that a court in Türkiye may not be able to order a foreign institution directly to account. If necessary, simultaneous work on preservation of evidence and interim measures is carried out in the country where the asset is located.
How are matrimonial property regime actions with a foreign element resolved?
Which country’s law applies?
According to Article 15 of Law No. 5718, the spouses may choose, as the law applicable to the matrimonial property regime, the law of their habitual residence at the time of the marriage or one of their national laws. If there is no choice, the common national law at the time of the marriage applies; if there is none, the law of the common habitual residence; and if there is none of that either, Turkish law. For immovable property, the law of the country where it is located matters.
Here, four separate questions must not be melted under one heading: the international jurisdiction of the Turkish court, the substantive law applicable to the dispute, bringing evidence located in a foreign country to Türkiye, and the recognition and enforcement of the Turkish judgment in the country where the asset is located are different layers. Applying Turkish law to the liquidation calculation does not mean that a Turkish judgment will be acted on directly in a foreign land registry.
Which law applies to Blue Card holders and dual citizens?
The Blue Card provides a special status that protects certain citizenship rights listed in the law; but it does not automatically make the person a Turkish citizen for the purposes of private international law. For this reason, former citizenship, current foreign citizenship, the citizenships at the time of the marriage and the habitual residences must be documented separately.
In dual citizenship, the citizenship connecting rules of Law No. 5718 and the nature of the specific relationship are applied together. Under Article 4/1-c of Law No. 5718, if one of the citizenships of a person who has more than one citizenship is Turkish citizenship, Turkish law is taken as the basis unless the law provides otherwise. On the other hand, if a Blue Card holder is no longer a Turkish citizen, this rule is not applied merely because of the Blue Card. The facts that “one of the parties speaks Turkish,” “there is immovable property in Türkiye” or “he or she has a Blue Card” do not, by themselves, lead to the result that Turkish law is applied to the entire property. Particularly in files connected with Germany, Austria and the Netherlands, the date of the marriage, the citizenships on that date, the first common habitual residence, the choice of law, if any, and the country where each immovable property is located should be shown in a separate table.
Can liquidation be carried out without the foreign divorce judgment being recognized in Türkiye?
For the result of the foreign judgment that ends the marriage to take effect in Türkiye, recognition under Law No. 5718 or, if the conditions are met, the route of administrative registration in the population registry should be considered. The order of the liquidation action and the recognition process, the stay pending a preliminary question and the matter of jurisdiction should be framed according to the specific file.
The current and critical distinction on the statute of limitations is this: In the decision of the General Assembly of Civil Chambers of the Court of Cassation dated November 29, 2023, Case No. 2022/2-1205, Decision No. 2023/1188, it was adopted that the ten-year period starts not from the finalization of the recognition decision in Türkiye but from the date the foreign divorce judgment became final in its own country. Earlier decisions to the contrary should not be used without explaining this change in case law. The last-day calculation should not be made without seeing the foreign judgment, the finality certificate and the applicable law; if there is a time-limit risk, the recognition and liquidation steps should be planned together without delay.
Is an asset abroad included in the action in Türkiye?
The applicable law, international jurisdiction, the rules on rights in rem of the state where the asset is located, obtaining evidence and enforcement of the judgment are separate layers. Even if a monetary claim can be calculated in Türkiye, making an entry in the land registry for foreign immovable property depends on the law of the country concerned.
Related articles: How Is Property Divided in a Divorce? A Guide to Matrimonial Property Regime Actions; How Is a Property Division Action Filed? Court, Type of Action, Fees and Claims; Statute of Limitations in a Property Division Action: Start Date and Risks of Loss of Rights; How Is a Property Division Claim Collected? Interest, Finality, Enforcement and Attachment; How Is a Matrimonial Property Agreement Made? Notary Procedures, Scope and Limits of Validity.
Frequently asked questions
If the spouses’ citizenships or countries of residence differ, which law applies?
First, the foreign element and the choice of law permitted by the law are investigated. Article 15 of the Private International Law No. 5718 regulates the connecting factors of citizenship, habitual residence and choice at the time of the marriage; if there is no choice, the graduated rules apply. In the liquidation of immovable property, the law of the country where it is located is also important. That the court is in Türkiye does not mean that Turkish law necessarily applies to the entire property.
Can property division be requested without the divorce abroad being recognized in Türkiye?
Filing a matrimonial property regime action is distinguished from being able to render a final ruling on the liquidation. For the foreign divorce to produce legal consequences in Türkiye, the route of recognition or, if the conditions are met, administrative registration is examined. A pending recognition procedure may be a preliminary question in the liquidation file. Waiting for recognition should not rest on the assumption that the statute of limitations has not started at all; the date the foreign judgment became final must be checked in particular.
How are the end of the regime and the start of the time limit for the action determined in a foreign divorce judgment?
If Turkish matrimonial property regime law applies, the date the foreign divorce action was filed is investigated with respect to the end of the regime, and the finalization of the foreign divorce ruling is investigated separately with respect to the statute of limitations. The majority decision of the General Assembly of Civil Chambers dated November 29, 2023 did not start the period from the recognition decision in Türkiye. It should not be assumed that the period was postponed by relying on decisions that took the old recognition date as the basis.
If a property division judgment has been rendered in a foreign country, can a new action be filed in Türkiye?
It is determined whether the foreign judgment relates only to the divorce or also to property claims. The recognition or enforcement of the property ruling in Türkiye, the scope of res judicata and the exclusive jurisdiction of Turkish courts are examined. If there is a valid res judicata on the same claim, a new action may be restricted. Registration of the divorce in the population registry does not by itself make a foreign monetary or immovable property ruling enforceable in Türkiye.
This article is for general legal information. In a specific dispute, the dates of events, the documents, the type of claim and the time limits are assessed together.
Sources and legal bases
- Law No. 4721, Turkish Civil Code (4721 sayılı Türk Medeni Kanunu)
- Law No. 5718 on Private International and Procedural Law (5718 sayılı Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun)
- General Assembly of Civil Chambers of the Court of Cassation (Yargıtay Hukuk Genel Kurulu), Case No. 2022/1205, Decision No. 2023/1188, November 29, 2023