Recognition and Enforcement in Türkiye of a Divorce Granted Abroad: Population Registration, Conditions and Court Procedure

A divorce judgment that has become final abroad does not by itself change the population record in Türkiye; however, filing an action in court is not mandatory in every case. If the conditions in Article 27/A of Law No. 5490 on Population Services (Nüfus Hizmetleri Kanunu) are met, the judgment can be registered through the competent population directorate (nüfus müdürlüğü) or a Turkish diplomatic mission. If this route is not available, recognition before the family court under Law No. 5718 on Private International and Procedural Law (MÖHUK) comes into question; if the foreign judgment’s order on maintenance, custody, personal contact, compensation or another order for performance needs to be carried out in Türkiye, enforcement (tenfiz) comes into question, depending on its conditions. Choosing the wrong route does not only delay the marital status record; it can have serious consequences for inheritance, remarriage and matrimonial property claims.

Why does a divorce abroad require a separate procedure in Türkiye?

A divorce judgment issued by a competent authority in Germany, the Netherlands, France, the United Kingdom, Russia, the USA or another country may have ended the marriage under the law of that country. Nevertheless, entering a divorce granted in a foreign country in the population register (nüfus kütüğü) in Türkiye and the basis on which the foreign judgment produces legal effect in Türkiye are separate matters. A person who appears as married in Türkiye may experience a mismatch between the record and the actual situation in a new marriage application, in surname procedures, in the certificate of inheritance, or in land registry and social security transactions.

There are two main legal routes in Turkish law: administrative registration under Article 27/A of Law No. 5490 and judicial recognition or enforcement under Articles 50-59 of Law No. 5718 on Private International and Procedural Law. The first is a special administrative method that allows certain family law decisions to be registered in the population register; the second is the judicial regime that gives a foreign court judgment res judicata or enforcement effect in Türkiye. [1] [2] [3]

Important distinction: Having a foreign divorce judgment that has already been issued registered by applying to a Turkish diplomatic mission or a population directorate is not the same as carrying out a new divorce at the consulate. The purpose of the procedure is to enter in the Turkish records a judgment that has already been issued and has become final in accordance with procedure.

Differences between recognition, enforcement and administrative registration

Recognition: the res judicata effect of the divorce judgment

Under Article 58 of Law No. 5718, recognition ensures that a foreign court judgment is accepted in Türkiye as res judicata or conclusive evidence. If all that is sought is for the foreign court’s decision that the marriage has ended to produce effect in Türkiye, recognition is, as a rule, sufficient as far as the judicial route is concerned. The court does not retry the ground for divorce, the fault of the parties or the facts before the foreign court; it examines the conditions for recognition. [2]

Enforcement: enforceability of an order that must be carried out

Under Article 50 of Law No. 5718, enforcement gives enforceability to the order in the foreign court judgment whose execution in Türkiye is sought. For example, if compulsory enforcement against a debtor in Türkiye of maintenance or monetary compensation awarded abroad is at issue, recognition of the divorce alone may not be sufficient. However, not every paragraph of a foreign judgment is automatically capable of enforcement; the content of the order, its parties, its finality, its enforceability and the applicable international conventions must be examined. [2]

Administrative registration: entering certain marital status decisions in the population record

Article 27/A of Law No. 5490 allows decisions on divorce, the nullity or annulment of a marriage, or the determination of whether a marriage exists, issued by a competent judicial or administrative authority in a foreign country, to be registered in the population register subject to certain conditions. This special route is not a general enforcement method that provides all the legal and enforcement effects of court recognition in the same way. The registration commission does not make the provisions of the foreign decision concerning custody, maintenance, the matrimonial property regime and compensation enforceable in Türkiye. [1] [3]

Conditions for registration at the population directorate or consulate without filing an action

Which decisions fall within Article 27/A of Law No. 5490?

The special administrative regime of the Law covers not only divorce but also decisions issued by foreign judicial or administrative authorities on the nullity or annulment of a marriage and the determination of whether a marriage exists. The decision must have been made by an authority competent in the matter under the law of the state in which it was issued and must have become final in accordance with procedure. In addition, the decision must not be manifestly contrary to Turkish public policy. An informal agreement, a document drawn up between the parties themselves or a mere religious divorce notification cannot be considered sufficient without examining whether it is a decision of a competent authority as required by the Law. [1] [3]

The basic criteria of the administrative application are assessed together: the nature of the decision and the competent authority; finality; public policy; the parties’ citizenship and the manner of application; and the conformity of the certification, translation and representation documents. An apostille alone does not show that the decision has become final or that the divorce has been recognized under Turkish law. An apostille essentially concerns the verification of the signature, capacity and seal/stamp on the relevant foreign public document. [1] [3] [4]

Where both parties are Turkish citizens

If both parties are Turkish citizens, the rule in administrative registration is that the application is made by the parties jointly, in person or through their attorneys-in-fact. This does not require them to be at the same consulate counter on the same day. Under Article 6 of the Regulation, the applications may be made at different times; however, the period between the two applications cannot exceed 90 days. Therefore, the requirement of a joint application must not be confused with being physically present at the same time. [3]

If the former spouse does not join the application and the statutory exception for a unilateral application cannot be applied, the administrative registration route may not be completed. In that case, the action route before the family court is considered for the recognition of the foreign court judgment. The opposing party’s refusal to consent to the recognition action does not by itself require the action to be dismissed on the merits; proper composition of the parties, service and the conditions of Law No. 5718 are required separately.

Unilateral application by the Turkish citizen where one party is a foreign national

The provision added to Article 27/A of Law No. 5490 by Law No. 7226 on March 25, 2020 made it possible for the other party who is a Turkish citizen, or their attorney-in-fact, to apply alone where one of the parties is a foreign national. This amendment was made in 2020, not in 2021. The statutory exception differs from the principle of a joint application by two Turkish citizens. [1]

In the implementation explanations of the General Directorate of Population and Citizenship Affairs (Nüfus ve Vatandaşlık İşleri Genel Müdürlüğü) dated October 8, 2021, situations such as the foreign spouse’s address not being found, the spouse not being reachable or the spouse avoiding the application are also explained. The legal nature of the statutory text and that of the administrative explanation must be kept separate: in the specific application, which document and condition the authority requires should be learned in writing; the administrative practice should not automatically be accepted as an independent restriction not found in the Law. [5]

Where one of the parties has died

Article 27/A of the Law makes a unilateral application possible by the other party who is a Turkish citizen, or their attorney-in-fact, in certain cases where one of the parties has died. Article 6/2 of the Regulation also contains a special provision on the registration request of persons with a legal interest where the parties have died after the divorce decision was issued, except for divorces effected by a unilateral declaration of intent. In such a file, the date of death, the date on which the foreign decision became final, the applicant’s heirship or other legal interest, and which status the decision ended are assessed together. [3]

The distinction to note for Blue Card holders and dual citizenship

The fact that a person holds a foreign passport does not by itself prove that they fall within the foreign-party exception within the meaning of Article 27/A. Dual citizenship and being a Turkish citizen by birth who has left citizenship with a renunciation permit and become a Blue Card holder are different statuses. The 2021 explanation of the General Directorate of Population contains a special restriction for Blue Card holders regarding unilateral applications. The application method should not be determined solely on the basis of the color of the passport without checking the registered citizenship and population status. [5]

Where is the administrative registration application made and how does it proceed?

The authority for applications in Türkiye

Under Article 5 of the Regulation, an application in Türkiye is, as a rule, made to the provincial directorate of population and citizenship affairs of the place of domicile of one of the parties. If there is no domicile in Türkiye, an application can be made to the competent provincial directorates in the provinces listed in the Regulation. This list includes Antalya, İstanbul, Ankara, İzmir, Bursa, Adana and other designated provinces. It should not be assumed that every district population directorate is automatically competent. [3]

Application to a Turkish diplomatic mission abroad

Under the Regulation, the addressee of an application abroad is the Turkish diplomatic mission in the country where the decision was issued. In consular procedures, the appointment, document format, identity verification and authority of representation are checked through the actual service channel of the relevant mission. A Turkish citizen may, if the conditions are suitable, also have the procedures in Türkiye carried out by granting a special power of attorney to an attorney; traveling to Türkiye in person is not mandatory in every file. [3]

Commission review and entry in the population records

Applications are assessed by the review commission set up by the competent authority. Under Article 9 of the Regulation, the commission meets within 15 days at the latest when there is an agenda; this rule alone is not a guarantee that every application will be concluded within 15 days. Article 10 of the Regulation provides that commission decisions in favor of registration are entered within seven days in the family register. The total actual duration of the application depends on the completeness of the documents and the review by the relevant authority. [3]

Where missing documents are identified, a period of 90 days is given under Article 7/4 of the Regulation to remedy the deficiency; if the deficiency is not remedied, the application is rejected. This period is different from the 90-day period between two applications where the spouses apply separately from each other. When submitting the application, it is important to obtain a receipt showing the date and number and, if a rejection is at issue, to obtain the reasons in writing. [3]

Documents required for population registration and apostille procedures

The document regime for administrative registration is based on Article 7 of the Regulation on the Registration in the Population Register of Decisions Rendered by Judicial or Administrative Authorities of Foreign Countries (Yabancı Ülke Adlî veya İdarî Makamlarınca Verilen Kararların Nüfus Kütüğüne Tescili Hakkında Yönetmelik). Depending on the particulars of the case, the following groups of documents are prepared for the application file: [3]

• Application form and information showing which decision the application is made to register.
• The duly certified original of the foreign divorce decision or an accepted certified official copy, and its appropriately certified Turkish translation.
• If finality is not clear from the text of the decision, the original of the certificate or letter of finality, the necessary certification procedures and its certified Turkish translation.
• Copies of identity cards or passports; if a party is a foreign national, the notarized Turkish translation prescribed for the identity card/passport.
• If the application is made through an attorney-in-fact, a special power of attorney with a photograph containing special authority for the registration procedure and its proper certification.
• Where applicable, information on actions filed or concluded in Türkiye concerning the same foreign decision, records of earlier rejections or res judicata, and other statements required by the Regulation.

The document bearing an apostille and the separate certification of the Turkish translation are different stages. The apostille regime applies between states party to the Apostille Convention; for countries that are not party to it, exceptions under the convention or bilateral agreements, the competent authority and, where necessary, consular certification are assessed. In some cases, the relevant international agreement may provide an exemption from certification. Therefore, it cannot be said unconditionally for all countries and all types of documents that “an apostille is always required” or that “a notarized translation alone is sufficient”. [3] [4]

The critical question in document review is whether it has been clearly proven when the foreign decision became final. The fact that the decision bears a decision date does not mean that this date is the date of finality. The legal nature of a “final order” in a given country, a certificate of finality, an annotation showing that the decision has entered into force, or an equivalent official document is determined separately under the law of the country where the decision was issued.

Which legal route is followed if administrative registration is rejected?

A registration application may be rejected for reasons such as the absence of a competent authority decision or of finality, manifest incompatibility with public policy, missing documents or an earlier action affecting the application of the Regulation. Article 9/6 of the Regulation separately regulates, for the administrative application, the situation in which there is an action still pending or dismissed in Türkiye concerning the same foreign decision. A new application should not be made without investigating such an earlier file. [3]

Article 27/A/3 of Law No. 5490 and Article 11 of the Regulation provide that, for a decision whose registration was rejected because the conditions were not met, recognition or enforcement may be requested before the family court under Law No. 5718. However, an administrative rejection does not mean that court recognition will automatically be granted; the court separately examines its own judicial conditions. A merely formal deficiency in the documents must be distinguished from a substantive obstacle relating to the nature of the decision or to public policy. [1] [3]

Practical recommendation: If the reason given in the rejection letter is missing documents, whether they can be completed should be assessed first; if it relates to the requirement of a joint application by the parties, the exception for unilateral applications; and if it is judicial res judicata or a pending action, the scope of the earlier file. Merely submitting the same documents to another directorate without seeing the reasons for the rejection may not resolve the problem.

Is it mandatory to apply to the population directorate before applying to the court?

No. Administrative registration is not a procedural prerequisite that must be exhausted before a recognition action. The decision of the 2nd Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi) dated June 27, 2022, E. 2022/5479, K. 2022/6321 clearly stated that the administrative route in Article 27/A of Law No. 5490 is an optional right and that the plaintiff may have a legal interest in requesting the recognition of the foreign divorce judgment directly from the court. Thus, it is not correct for a recognition action to be automatically dismissed on procedural grounds simply because administrative registration is available. On the other hand, if there is a final divorce judgment of a Turkish court concerning the same marriage, prior res judicata and legal interest are examined anew. [11] [12]

Which route to choose should be assessed according to whether the administrative procedure can actually produce a result, whether the decision is a court judgment, whether there are orders requiring enforcement, the cost of the file and the need for service. The possibility of applying directly to the court does not mean that the document rules of the administrative application apply in the same way in court.

Under what conditions is a recognition and enforcement action filed before the family court?

Foreign court judgment and the finality requirement

Under Articles 50-59 of Law No. 5718, the basic subject of judicial recognition and enforcement is a judgment of a foreign court in civil cases that has become final under the laws of the country where it was issued. A mere population document, a private agreement or divorce documents drawn up before a notary are not considered a foreign court judgment in every case. The fact that decisions of administrative authorities are eligible for registration under Article 27/A does not mean that the same document is automatically treated as a court judgment under the general regime of Law No. 5718. The true legal nature of the decision and any special international convention are assessed separately. [1] [2]

Other conditions for recognition and enforcement

Article 54 of Law No. 5718 regulates the obstacle relating to the exclusive jurisdiction of Turkish courts, a specific objection concerning the absence of a genuine connection between the foreign court and the dispute, manifest incompatibility with Turkish public policy, and the conditions relating to proper summons and the right of defense before the foreign court. Under Article 58 of the Law, the reciprocity condition does not apply to recognition; in enforcement, reciprocity within the framework of Article 54/1-a and the applicable international agreements are addressed separately. [2]

The fact that a foreign judgment produces a result different from another provision of Turkish law is not by itself a manifest violation of public policy. The assessment must be made concrete in terms of the fundamental values of the Turkish legal order and fundamental rights safeguards. If the defendant asserts that they were not properly informed of the foreign proceedings or that the right of defense was violated, the foreign procedure on which this allegation is based and the relevant records are examined; not having taken part in the action abroad does not by itself render all judgments invalid. [2]

The Turkish court with subject-matter and territorial jurisdiction

Article 51 of Law No. 5718 generally designates the court of first instance (asliye mahkemesi); however, the court with subject-matter jurisdiction in disputes over the recognition of a divorce and related family law enforcement is the family court. Where there is no family court, the designated civil court of first instance acts as a family court. The decision of the 2nd Civil Chamber of the Court of Cassation published in the Official Gazette (Resmî Gazete), dated May 24, 2011, E. 2010/20342, K. 2011/9075, explains this distinction in subject-matter jurisdiction. [6]

As regards territorial jurisdiction, Article 51/2 of Law No. 5718 takes as its basis the domicile in Türkiye of the party against whom enforcement is sought or, failing that, the place where that party resides; if neither exists in Türkiye, one of the courts in Ankara, İstanbul or İzmir comes into question. For recognition requests, too, territorial jurisdiction should be examined taking into account the relevant judicial procedure and the nature of the specific action. The fact that an administrative registration application can be made to the population directorate in Antalya does not mean that all recognition actions can be filed in Antalya. [2] [3]

What documents and procedure are required in a recognition and enforcement action?

Content of the statement of claim

Article 52 of Law No. 5718 requires the identity and address details of the applicant and the opposing party, the foreign court, the date and number of the judgment, a summary of the judgment and, if necessary, which part of it enforcement is sought for to be stated. The divorce order and the operative part of any order on maintenance, custody, the matrimonial property regime or compensation should be examined separately. In an action in which only the update of the population record is sought, not making unnecessary requests regarding orders that do not require enforcement is important in terms of procedure and costs. [2]

Foreign judgment and finality documents to be submitted to the court

Under Article 53 of Law No. 5718, the original of the foreign court judgment duly certified by the foreign authorities, or a copy certified by the court, and its certified translation, together with a duly certified document showing that the judgment has become final and its translation, are submitted to the file. In the decision of the 2nd Civil Chamber of the Court of Cassation dated October 19, 2017, E. 2016/19898, K. 2017/11395, it was explained that an appropriate period must be given for a missing foreign judgment and translation. This does not mean that a judgment that has not become final can be recognized; completing an existing official document and the legal requirement of finality are separate issues. [2] [7]

Service, hearing and the right of defense

Under Article 55 of Law No. 5718, the request is examined under the simplified procedure; the petition and the hearing date are served on the opposing party in accordance with procedure. The provision contains special rules for decisions in non-contentious proceedings and decisions rendered without an opposing party. If the opposing party lives abroad, international service, translation, address determination and applicable conventions should be assessed separately. The former spouse’s refusal to sign does not mean the automatic rejection of the recognition request in court; however, it does not remove the obligation of proper service. [2]

During the proceedings, the court does not conduct a new fault-based trial on whether the foreign divorce was justified. The examination is conducted on the preconditions and the limited grounds for rejection in the Law. Legal remedies against a decision of acceptance or rejection are assessed according to the type of decision, the value or finality rules and the procedural provisions in force. Article 57/2 of Law No. 5718 separately regulates the effect on execution of an appeal to the Court of Cassation against enforcement decisions. [2]

Foreign administrative divorce decisions, notarial documents and special procedures

In some states, divorce is decided outside the courts by a competent administrative authority. The fact that Article 27/A of Law No. 5490 expressly covers the decisions of these authorities is an important advantage. On the other hand, if recognition or enforcement is sought before a court, the “foreign court judgment” condition required by Law No. 5718 and any special convention or exceptional rule on the subject are examined. The fact that a foreign notary has recorded a divorce declaration does not mean that the notarial document is a court judgment. [1] [2]

In the decision of the 2nd Civil Chamber of the Court of Cassation E. 2023/4997, K. 2023/6079, the document submitted in a recognition request was examined in terms of its nature as a foreign court judgment, and it was emphasized that a notarial document alone cannot be treated as a court judgment. For this reason, in religious, notarial or administrative divorce procedures in Iran or another country, a decision should not be made solely on the basis of the title of the document; the statutory authority of the body that carried out the procedure, the nature of the decision and the appropriate route under Turkish law should be determined. [8]

The effect in Türkiye of custody, personal contact with the child and maintenance orders

If the foreign divorce judgment contains the custody of the joint children, the establishment of personal contact with the child, child maintenance or protective measures, this is not a matter to be resolved by a registration concerning marital status alone. Article 9/5 of the Regulation expressly states that the commission decision does not produce an enforcement result regarding these parts. The recognition or enforcement of the decision, the best interests of the child, changed circumstances and the applicable international conventions must be addressed together. [3]

The child’s habitual residence, the country in which the child lives, a pending custody action, the need for urgent protection and, where applicable, a separate application under the Hague Convention on the Civil Aspects of International Child Abduction may have consequences independent of recognition and enforcement. A single enforcement decision does not mean the immediate and unconditional handover of the child in every specific case. As regards maintenance, the international conventions on the recovery of maintenance to which Türkiye is a party and the special central authority routes should also be investigated, depending on the type of decision. [3] [9]

A new custody or maintenance request may also arise in Türkiye; however, which court has jurisdiction, lis pendens (derdestlik), the res judicata effect of the foreign judgment and the applicable law are assessed according to the specific file. The fact that the marital status part of the foreign divorce judgment has been registered does not mean that the provisions concerning the child have also been approved by the registration commission.

Related articles: Recognition and Enforcement in Türkiye of a Foreign Court’s Custody Decision; Recognition and Enforcement in Türkiye of a Foreign Court’s Maintenance Decision; How Is Child Maintenance Collected from a Parent Living Abroad?

Consequences for the matrimonial property regime, immovable property, compensation and inheritance

Recognition is not an automatic liquidation of all existing assets

The recognition of a foreign judgment does not mean that every immovable property located in Türkiye automatically changes hands in the land registry or that the matrimonial property regime between the spouses is automatically liquidated. If the foreign judgment contains a clear monetary order for performance, its eligibility for enforcement should be examined; if there is an order concerning a right in rem over immovable property in Türkiye, exclusive jurisdiction and the land registry regime; and if there is no order, the need for a separate liquidation of the matrimonial property regime or a claim action. [2]

Statute of limitations in the matrimonial property regime: the heavy legal cost of delay

The fact that no general time limit for bringing an action (hak düşürücü süre) is provided for the recognition of a foreign divorce judgment does not mean that claims connected with the divorce are not subject to any time limit. Under Article 59 of Law No. 5718, the res judicata or conclusive-evidence effect of a foreign court judgment takes effect from the moment the foreign judgment became final. This date is of critical importance for the legal positions of the parties and for calculating the statute of limitations for certain financial rights. [2]

The decision of the Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu) dated November 29, 2023, E. 2022/1205, K. 2023/1188, in a specific case in which the foreign divorce judgment became final on January 16, 2007, while the matrimonial property claim action was filed on October 18, 2017, held by majority vote that the date on which the foreign judgment became final must be taken as the basis for the start of the ten-year statute of limitations for the matrimonial property claim. The decision discussed the differing approach of the Chamber and the dissenting opinion; therefore, the reader should not be given assurance regarding time limits by selecting only an older contrary principle. [10]

The significance of this case law is as follows: if a person does not have a foreign divorce judgment recognized in Türkiye for years, some claims may face a statute-of-limitations objection once recognition takes place. However, the moment at which the matrimonial property regime ended and the valuation date used in the liquidation, the type of claim, which law applies, and the grounds for interruption or suspension of the statute of limitations are separate from each other. For this reason, the date of finality, the dates of the marriage and of the acquisition of immovable property, and old actions that have been filed should be examined together. [2] [10]

Inheritance and the importance of the date of death

Determining the date on which the foreign divorce became final upon recognition or proper administrative registration may also affect disputes over whether the spouses are each other’s heirs. The foreign judgment having become final before the death, while the Turkish population record still shows the person as married, may create disputes in certificate of inheritance, estate and land registry procedures. The date of death and the date on which the foreign divorce became final should be compared, and earlier domestic court decisions and any rights acquired by third parties should also be examined. The appearance in the population record does not by itself determine the substantive right of inheritance beyond dispute. [2] [3]

Related articles: Matrimonial Property Division Action in Türkiye after a Divorce Abroad; The Effect of a Divorce Abroad on Inheritance in Türkiye: Recognition, Registration and the Position of the Former Spouse

The date the foreign judgment became final and the date of registration in Türkiye are not the same

Article 59 of Law No. 5718 provides that the res judicata effect of a foreign judgment recognized by the court arises from the moment the foreign judgment became final. In administrative registration, too, Article 10/2 of the Regulation provides that the date on which the decision became final is taken as the basis in the population records. The date of the application in Türkiye, the date of the commission’s decision, the date of the decision of the Turkish recognition court and the date on which the foreign divorce became final are not the same date. [2] [3]

This distinction may become important not only for the administrative procedure relating to remarriage but also for the matrimonial property regime, inheritance, surname, social security and the start of certain time limits. Which legal consequence depends on which date and which statutory provisions should be decided on a file-specific basis; in particular, because of the statute of limitations, the certificate of finality of the foreign judgment should be obtained before any new step is taken.

Additional conditions in remarriage, surname and marital status procedures

The registration or recognition of a foreign divorce ensures the correction of marital status in the Turkish population records; however, the other statutory conditions required for remarriage must be assessed separately. Article 130 of the Turkish Civil Code regulates proof that the previous marriage has ended, and Article 132 regulates, for women, the 300-day waiting period starting from the end of the marriage. Under the conditions set out in the Law, this period ends with childbirth or is lifted by the court. The date on which the foreign judgment became final must not be confused with the calculation of the period elapsed at the date of registration/recognition. [2] [3] [13]

Updating the surname, the population register extract, the passport and identity details should also be checked separately in the application. The use of different first names and surnames in Turkish identity records and foreign identity records may require an explanation regarding proof that the parties are the same persons and the consistency of the translations. Before proceeding to a remarriage or citizenship procedure, it should be checked that the correction of the record has actually been completed.

If a divorce or recognition action has previously been filed in Türkiye

A conflict between the subject of the foreign judgment and a divorce action pending in Türkiye or a final divorce judgment issued earlier is important in both the administrative and the judicial route. The administrative registration regulation specifically regulates a pending or dismissed action concerning the same foreign decision. In the recognition request before the court, legal interest, res judicata and the relationship with parallel actions are examined separately. [3]

In the decision of the 2nd Civil Chamber of the Court of Cassation dated December 13, 2023, E. 2023/5707, K. 2023/6196, it was discussed whether a legal interest still existed in the recognition of a foreign divorce judgment where a divorce judgment issued in Türkiye had become final and been entered in the population records; it was stated that, in the specific case, dismissal was required because there was no legal interest. It should not be forgotten that the substantive and financial consequences of the decision may need to be distinguished separately for the relevant action. [11]

For this reason, if an action has been filed in Türkiye concerning the same marriage as the foreign divorce judgment, not only the foreign judgment but all case numbers and finality records in Türkiye should be compared. Filing a second action without examining in what order and to what extent mutually incompatible decisions concerning the same marriage have created res judicata may create procedural risk.

Can people living abroad carry out the procedures without coming to Türkiye?

Yes, under suitable conditions they can. For the administrative route, applications through a representative are expressly regulated; in the action route, too, procedures can be carried out through an attorney with a proper special power of attorney. However, the authority in the power of attorney, the country where it was drawn up, the method of certification, the photograph and translation requirements, and exceptional procedures in which personal presence or an additional statement is required should be examined separately. [2] [3]

A power of attorney issued outside Türkiye may be drawn up at a consulate of the Republic of Türkiye or before a competent foreign authority; for a document of a foreign authority to be usable under Turkish law, the applicable apostille/certification and translation rules are observed. The opposing party not coming to Türkiye may lead to a problem of participation or representation in the administrative application and to a problem of service abroad in court; the two different obstacles must not be substituted for each other.

Related articles: Divorce Guide in Türkiye for People Living Abroad and Foreign Spouses

Time frames, costs and post-decision checks

There is no fixed statutory completion period applicable to every file and no guarantee of success regarding how many months a recognition or enforcement application will take to conclude. In administrative registration, there are the special periods mentioned above for the commission to meet, for missing documents to be completed and for the decision to be recorded. In the judicial route, obtaining documents from the foreign country, service, objections, court-appointed experts or institutional correspondence and the possibility of legal remedies may change the total duration. [2] [3]

Cost items include obtaining the official decision and certificate of finality from the foreign court, apostille/certification, translation, notary, power of attorney, court fees, service, translation and, where necessary, enforcement costs. The current monetary amount should be determined on the basis of the official tariff according to the year of the procedure and the nature of the file; the attorney fee agreement must be distinguished from court fees and costs.

At the end of the procedure, one should not be content merely with learning that the application has been accepted. The marital status in the record, the accuracy of the divorce date, first name and surname, any children’s records, earlier proceedings in Türkiye and the orders of the foreign judgment that separately require enforcement should be checked. If the relevant change is not visible on e-Devlet or on the population register extract, the application receipt must not be considered equivalent to actual registration.

Which route to choose? A legal decision matrix before applying

This table is a guide to choosing a procedure; administrative registration may be required for one part of the same decision and recognition or enforcement in court for another part. The safest approach is to separate which result is sought according to the operative part of the decision.

Conclusion

Obtaining a divorce judgment abroad and having this judgment correctly reflected in the population record, family law and enforcement procedures in Türkiye are not the same procedure. Administrative registration under Article 27/A of Law No. 5490 is the way to update marital status in suitable files without the need for a new recognition action. However, the orders of the foreign judgment subject to enforcement, pending Turkish actions, citizenship status, missing certificates of finality and especially the time limits relating to matrimonial property claims require independent legal review.

Therefore, the first step is not only the question “Do I appear as married in the population records?”, but the question “Which part of the foreign judgment do I want to produce which legal consequence in Türkiye?” When the decision, the certificate of finality and the records of earlier actions are examined together, the risk of a wrong application, duplicate actions and the statute of limitations can be significantly reduced.

Frequently Asked Questions

I divorced abroad; do I have to file a new divorce action in Türkiye?

As a rule, what is required is not to have the divorce order of the foreign judgment retried on the merits, but, depending on the conditions, to have it registered in the population records under Article 27/A or recognized by the family court. The administrative route is not possible in every file; the type of decision and the status of the parties are decisive.

We are both Turkish citizens; what happens if my former spouse does not come to the consulate?

In administrative registration, a joint application is the principle; however, you do not have to be in the same place at the same time, and there is a 90-day interval rule for separate applications. If the former spouse’s participation cannot be secured, a recognition action before the family court may be considered depending on the conditions.

If my former spouse is a foreign national, can I have the divorce registered in the population records on my own?

Article 27/A of Law No. 5490 gives the Turkish citizen spouse the possibility of a unilateral application in this situation. The administrative implementation explanations relating to identity, citizenship, finality and application documents should be assessed in the specific file.

Do I have to go to the consulate in the country where the decision was issued?

The Regulation links the administrative application abroad to the Turkish diplomatic mission in the country where the decision was issued. The option of applying through an attorney-in-fact to the competent provincial directorate in Türkiye may also be assessed depending on the conditions of the file.

Is it sufficient for the divorce decision to bear an apostille?

No. An apostille verifies the official origin of the document; finality, the competent authority, the parties’ application conditions and the necessary certified Turkish translations are required separately. In countries not subject to the apostille regime, the appropriate certification route is determined.

If there is no finality annotation at all, can no procedure be carried out?

If finality can be proven by a proper document to be obtained separately from the foreign authority where the decision became final, the deficiency can be remedied. On the other hand, if the decision has not actually become final, merely obtaining a translation or an apostille does not satisfy the finality requirement.

Can I immediately enforce the maintenance in a divorce decision registered in the population records?

Not merely because of administrative registration. Article 9/5 of the Regulation states that the commission decision does not produce an enforcement result regarding maintenance and similar orders. The enforcement of the specific order and the applicable international conventions are assessed separately.

Does custody in a foreign divorce decision also apply automatically in Türkiye?

Administrative registration does not make the custody order enforceable. The best interests of the child, habitual residence, the specific request, the nature of the foreign decision and the relevant international conventions must be examined.

Is there a one-year time limit for filing a recognition action?

Law No. 5718 does not provide for such a general one-year time limit for an action for the recognition of a foreign divorce judgment. However, maintenance, compensation or matrimonial property claims connected with the divorce may have their own time limits; these must not be confused with the recognition request.

If I have the decision recognized years later, does the time limit for property division start again?

As a rule, no such assurance can be given. In the decision of the Civil General Assembly of the Court of Cassation dated November 29, 2023, E. 2022/1205, K. 2023/1188, the date on which the foreign judgment became final was taken as the basis for the ten-year statute of limitations of the relevant matrimonial property claim. The specific claim, the applicable law and events affecting the statute of limitations should be examined separately.

Can I have a foreign divorce decision recognized in Türkiye after my spouse has died?

In some cases the procedure is possible, assessed in light of the nature of the decision, the dates of finality and death, the applicant’s legal interest and the provisions of Article 27/A and Article 6 of the Regulation. Heirship and the effect of the foreign decision should be examined separately.

Can an action or registration procedure be carried out with an attorney without coming to Türkiye?

In most cases it is possible with a suitable power of attorney and procedural conditions. However, the scope of the authority, the drawing up/certification of the power of attorney, identity checks and, if necessary, service in the foreign country vary according to the file.

If administrative registration is rejected, do I lose any possibility of having the divorce recognized in Türkiye?

No. Article 27/A/3 of Law No. 5490 and Article 11 of the Regulation provide for an application to the court under Law No. 5718 in the event of rejection. The court will still examine its own recognition/enforcement conditions.

Can a decision issued by a notary or an administrative authority, rather than a foreign court, be valid?

Article 27/A covers decisions of administrative authorities that are competent under the law of the state where they were issued. On the other hand, for recognition/enforcement in court under Law No. 5718, the requirement of a foreign court judgment is examined separately. A mere notarial document or private declaration cannot automatically be treated as a court decision.

Sources and legal bases

1. Law No. 5490 on Population Services (Nüfus Hizmetleri Kanunu), Art. 27/A (provision added by Decree-Law (KHK) No. 690 dated April 17, 2017; adopted without amendment by Law No. 7077 dated February 1, 2018; amended by Law No. 7226 dated March 25, 2020). Current text and amendment history.
2. Law No. 5718 on Private International and Procedural Law, Arts. 50-59. Ministry of Justice (Adalet Bakanlığı), Legislation on International Judicial Cooperation in Civil Matters.
3. Regulation on the Registration in the Population Register of Decisions Rendered by Judicial or Administrative Authorities of Foreign Countries, Arts. 5-11 and 14. Official text of the General Directorate of Population and Citizenship Affairs.
4. Hague Conference on Private International Law (HCCH), Apostille Convention of October 5, 1961; Text of the Convention and Apostille Handbook.
5. General Directorate of Population and Citizenship Affairs, Explanations on the Implementation of Population Legislation dated October 8, 2021 (08.10.2021 Tarihli Nüfus Mevzuatının Uygulanmasına İlişkin Açıklamalar), section 14. The institution’s list of instructions and PDF access.
6. Court of Cassation, 2nd Civil Chamber (Yargıtay 2. Hukuk Dairesi), May 24, 2011, E. 2010/20342, K. 2011/9075; the family court with subject-matter jurisdiction and the civil court of first instance acting as a family court. Text of the decision published in the Official Gazette.
7. Court of Cassation, 2nd Civil Chamber, October 19, 2017, E. 2016/19898, K. 2017/11395; submission of the foreign judgment and its translation in a recognition request. Text of the decision.
8. Court of Cassation, 2nd Civil Chamber, E. 2023/4997, K. 2023/6079; the distinction between a notarial document and a foreign court judgment. Text of the decision.
9. Hague Conference on Private International Law, with respect to the child protection, child abduction and maintenance conventions to which Türkiye is a party, Türkiye’s competent authorities and convention record.
10. Court of Cassation, Civil General Assembly (Yargıtay Hukuk Genel Kurulu), November 29, 2023, E. 2022/1205, K. 2023/1188; the date of finality of the foreign divorce judgment and the statute of limitations for a claim arising from the matrimonial property regime. Full decision and dissenting opinion.
11. Court of Cassation, 2nd Civil Chamber, December 13, 2023, E. 2023/5707, K. 2023/6196; legal interest in the recognition of a foreign judgment where there is a final divorce judgment in Türkiye. Text of the decision.
12. Court of Cassation, 2nd Civil Chamber, June 27, 2022, E. 2022/5479, K. 2022/6321; administrative registration as an optional right that need not be exhausted before a recognition action. Full text of the decision.
13. Law No. 4721, Turkish Civil Code, Art. 130 and Art. 132; proof of the end of the previous marriage and the waiting period for remarriage. Ministry of Justice Legislation Information System.