Divorce in Türkiye for Those Living Abroad and for Foreign Spouses

First research: October 11, 2026 · Substantive content update: October 12, 2026

Living abroad, or one spouse being a foreign national, does not on its own prevent a divorce action from being brought in Türkiye. However, whether a Turkish court has jurisdiction, which country's law will govern the divorce, and how the resulting decision will be used in another country must each be determined separately. The spouses' nationalities, places of residence, shared place of life, the country where the children are, and any foreign court file form the basis of this review. [1]

The first distinction: a new divorce action, or recognition of a foreign decision?

If no final divorce decision yet exists, the possibility of bringing a new action in Türkiye is examined. If a final divorce decision has been issued abroad, its effect in Türkiye is assessed first. Bringing a second divorce action automatically in order to end the same marriage is not the correct starting point.

Depending on its terms, a foreign decision may need an administrative registration or recognition merely to be entered in the Turkish population registry; where the decision contains obligations capable of enforcement, enforcement (tenfiz) may be required. Concealing the existence of a foreign decision, or failing to mention it in the petition at all, may cause problems both for the legal interest in the action and for conflicting decisions. [1] [2]

A case that is still pending abroad is not the same as a final decision. The dates, parties and claims in the two proceedings, and any applicable conventions, must be examined together. The existence of a foreign action does not mean in every case that the Turkish action will automatically be dismissed or necessarily heard.

The details of the procedure are covered in our guide to recognition and enforcement of a foreign divorce decision in Türkiye.

In which court is a divorce action brought in Türkiye?

In divorce cases, the competent court is the family court. Where there is no family court, the civil court of first instance designated for that purpose acts as a family court. In an action with international connections, the type of court with subject-matter jurisdiction and the territorial court that has jurisdiction in Türkiye are distinct questions. [3]

The place of residence of one spouse and the last shared place of residence

Article 40 of the Private International and Procedural Law (MÖHUK) ties the international jurisdiction of Turkish courts to the territorial rules of domestic law. In divorce, under Article 168 TMK, the court of the place of residence of one of the spouses, or of the last place where they lived together for six months or more before the action, has jurisdiction. [1] [4]

A place of residence is not established merely by staying at a hotel or taking a short holiday. Elements such as a registered address in Türkiye, a lease, work and family life are important depending on the file. The fact that one spouse owns property in Türkiye does not by itself show that the place where it is located has jurisdiction over the divorce.

Where both spouses are foreign nationals, a necessary jurisdictional connection with Türkiye may nevertheless exist. There is no rule that "a person who is not a Turkish citizen cannot divorce in a Turkish court". On the other hand, choosing Türkiye merely as the preferred forum does not create jurisdiction where no sufficient connection exists.

Article 41 MÖHUK for Turkish citizens living abroad

Article 41 of MÖHUK contains a special provision for actions relating to the status of Turkish citizens. Where the action has not been or cannot be brought in a foreign court, the provision identifies, in sequence, the court having territorial jurisdiction in Türkiye; failing that, the place where the person is resident in Türkiye; failing that, the last place of residence; and at the final stage one of the courts of Ankara, Istanbul or İzmir. [1]

This sequence matters. A Turkish citizen living abroad may not choose any of the three large cities regardless of earlier connections. In addition, Article 41 does not create the same additional jurisdiction for Turkish citizens where both spouses are foreign nationals. The provision and the concrete fact relied on must be set out in the petition before the action is brought.

Actual decision: an action brought in the wrong city

In its decision of 25 January 2024, E.2023/3895, K.2024/500, the Second Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi) examined a dispute that also involved a pending divorce proceeding in the Netherlands. In the action brought in Istanbul, the defendant stated that his place of residence was Kayseri and raised a timely objection to jurisdiction. The decision that the courts of Kayseri were competent was upheld after review on appeal. [5]

The instructive aspect of this decision is that a foreign connection does not remove the review of territorial jurisdiction in Türkiye. The decision should not be read as a general rule resolving the problem of international lis pendens in the same way in every case where a foreign action exists; the objection examined and the result are limited to jurisdiction.

Which country's law applies to the divorce?

Even where a Turkish court has jurisdiction, foreign law may govern the substance of the divorce. Under Article 14 MÖHUK, the common national law of the spouses is considered first; where they have different nationalities, the law of their common habitual residence applies; failing that, Turkish law applies. For the time at which nationality and habitual residence are to be assessed, Article 3 MÖHUK and special provisions are considered together. [1]

Habitual residence describes a person's actual centre of life; it is not always the same as citizenship or the address on paper. For dual nationals, Article 4 MÖHUK also applies. That one of the nationalities is Turkish is particularly significant for the national-law connection; however, it does not mean that Turkish law will apply to every claim in every mixed marriage.

Foreign law is examined of the court's own motion

Under Article 2 MÖHUK, the judge applies Turkish conflict-of-laws rules and the foreign law they point to of the court's own motion. The judge may request the parties' assistance in determining the foreign law. If the relevant provisions cannot be determined despite all research, the application of Turkish law arises. A party's failure to provide a translation does not by itself remove the duty to investigate.

In family law, a reference by a foreign conflict-of-laws rule to the law of another State is also taken into account within the framework permitted by the law. The fact that foreign law differs from Turkish law does not in itself amount to a breach of public policy. The exception in Article 5 MÖHUK is assessed by reference to whether the provision actually applied to the concrete case manifestly contradicts Turkish public policy.

Actual decision: the parties' request for Turkish law was not regarded as sufficient

In its decision of 16 October 2019, E.2019/4761, K.2019/10295, the Second Civil Chamber of the Court of Cassation examined a file in which both parties were British citizens at the date of the action. The parties had asked that Turkish law be applied; however, it was held that English law, as their common national law, should have been applied. The judgment on the divorce claim was therefore quashed. [6]

The decision shows that the law governing divorce is not a field left to the parties' free choice. In the same file a separate claim relating to a family residence annotation had also been made; the outcome of the approval of that claim should not be confused with the quashing in respect of the divorce.

Can two foreign nationals divorce in Türkiye? The 2026 decision

The decision of the Second Civil Chamber of the Court of Cassation dated 21 April 2026, E.2025/5548, K.2026/4435, concerns a divorce dispute between a female citizen of Egypt and a male citizen of Saudi Arabia. In the file, in which the parties had lived in Türkiye since 2012, the Chamber held that there was no common national law and that their common habitual residence was Türkiye. [7]

The court of first instance dismissed the action as procedurally inadmissible for lack of legal interest, making an assessment of public order connected with the man's other marriage and of the nature of the marriage. The majority of the Court of Cassation, however, distinguished non-existence from absolute nullity; it held that no nullity action had been brought in the concrete file and that the substance of the divorce claim had to be examined. The regional appellate court's decision was quashed and the first-instance decision was overturned.

The majority also emphasised the importance of documenting the identity and marital status of foreign nationals who have no connection with Turkish citizenship, and explained that it cannot be expected that such persons' details will be registered in the Turkish population register. The dissenting opinion is to the effect that the regional appellate court's decision should have been affirmed. The decision should therefore not be extended to suggest that all foreign marriages are valid without qualification.

In practice, the foreign marriage certificate, the identity of the parties and records of their centre of life in Türkiye should be prepared at the outset of the file. The absence of a Turkish population record and the complete impossibility of proving the marriage are not the same problem.

Is it possible to divorce without coming to Türkiye?

Following a contested divorce through a power of attorney

Many steps in a contested action may be carried out through a lawyer. For this purpose, a proper power of attorney containing the express authority required under Article 74 HMK, in particular for rights closely linked to the person such as divorce, must be prepared. A power of attorney executed at a consulate, and the use in Türkiye of a foreign notarial document, may not be subject to the same formal process. [8]

Granting a power of attorney is not a guarantee that a party will never be heard or will never need to come to Türkiye. Steps which the court considers require personal participation, the need for an interpreter and the examination of evidence must also be planned. Regular communication is needed to account for the time taken to send documents from abroad and for monitoring service.

The judge's hearing of the parties in a divorce by mutual consent

Where Turkish law applies, a divorce by mutual consent under Article 166(3) TMK requires that the marriage has lasted at least one year, that the parties make the appropriate application or declaration of acceptance, that the judge personally hears the parties, and that the judge finds the arrangements on financial consequences and on the children's position appropriate. The judge may propose the necessary amendments, which the parties must accept. [4]

Lawyers being present or the protocol being signed does not automatically replace the requirement of a personal hearing. Whether a remote hearing (e-duruşma) is available depends on Article 149 HMK, the regulations in force, the court's decision and the technical conditions. It should not be stated that a connection from abroad through any video calling application will definitely suffice. [8]

Where foreign law is to apply, the Turkish conditions for a divorce by mutual consent are not used alone. The conditions for divorce under that law are determined first, and their relation to the procedural rules of the proceedings in Türkiye is established. The travel and hearing plan should be made only after this review.

How is a spouse living abroad served with documents?

Correct service is of fundamental importance for the right of defence and for whether the decision can later be used in another country. The agreements in force with the country concerned and the Notification Law No. 7201 are considered together. The central authority of the foreign State, diplomatic representation or other procedures, and the difference in citizenship and country, are important. [9] [10]

Service on a Turkish citizen and on a foreign national

Article 25/a of the Notification Law provides a special route for Turkish citizens living abroad, through diplomatic representation. This procedure cannot be applied in the same way to a foreign spouse regardless of citizenship. The notice and time conditions under the provision must be completed correctly. For a foreign spouse, Article 25, the relevant agreement and the notice procedures of the country are assessed.

Where the 1965 Hague Service Convention applies, the States' accession, reservations, competent authorities and translation requirements must be checked. Sending only a WhatsApp message or an e-mail does not automatically take the place of service of a court notice. A legally usable electronic service regime and private communication must be kept distinct.

Where the spouse's address is unknown

The fact that an address is unknown should not be treated as sufficient to move directly to service by public notice. An appropriate address search is carried out, and the existing identity, country, last known address and official registration information is reported to the court. Using the route of service by public notice before the conditions for it are met may give rise to procedural dispute and to problems in having the decision recognised in a foreign country.

How are children, maintenance and division of property assessed?

Why the country where the child lives matters

The court with jurisdiction over the divorce and the authority competent to take protective measures for the child are not in every case the same. The 1996 Hague Child Protection Convention, where applicable, contains special rules on jurisdiction and applicable law, principally based on the child's habitual residence. The relevant conditions of the Convention must be separately examined before the divorce court can decide on the child. [11]

For this reason, where a child lives in another country, it cannot be said that custody will in every case be resolved in Türkiye merely because the spouses are Turkish citizens. School, the arrangement of care, the child's views, security and the relationship with the other parent are considered together. Where there has been an unauthorised removal or a failure to return, the return process must be evaluated separately from the divorce action and without delay.

For jurisdiction and applicable law, see our article custody proceedings in Türkiye where the child lives abroad.

Maintenance and compensation claims

The fact that a spouse earns income abroad does not mean that maintenance will automatically be fixed in a foreign currency or at a specified percentage. Actual income, compulsory expenses, needs and the applicable law are assessed. Payslips, tax returns, social assistance and living expenses must be documented. An increase in maintenance later is examined in our article on the maintenance increase action.

The applicable international conventions for maintenance should be checked together with the general statement in MÖHUK. In particular, where the situation falls within the scope of the 1973 Hague Convention on the Law Applicable to Maintenance Obligations, its own conflict rules are important. A special provision for divorced spouses and the rules for child maintenance should not be assumed to be the same. [12]

Where Turkish law applies, material and non-material compensation, poverty maintenance and child maintenance (iştirak nafakası) are claimed on their own conditions. Temporary measures in the divorce action are considered within the framework of Article 169 TMK and Article 14(4) MÖHUK. The special jurisdiction of the parties by agreement in respect of children is also reserved. The conditions for types of maintenance are summarised in our article on types of maintenance and their conditions.

Collection of child maintenance from abroad is described in our article on collecting child maintenance from abroad.

Division of property is not an automatic consequence of divorce

The law applicable to the matrimonial property regime is separately regulated in Article 15 MÖHUK. The connections at the time of marriage and the country where the immovable property is located are important. The granting of a divorce judgment does not mean that the home in Türkiye or the savings held in a foreign bank are shared automatically.

Matrimonial property claims must be prepared separately, with their own type of action, time limits and evidence. Where an agreed protocol contains provisions on assets, the property and the claim covered should be stated clearly. The words "the parties have agreed" alone may not prevent all future disputes.

For details, see our article on land registry annulment and registration based on a divorce protocol.

For those who have divorced abroad, see our article on division of property in Türkiye after a divorce abroad.

How does divorce affect a foreign spouse's residence permit in Türkiye?

Where a foreign spouse is staying in Türkiye on a family residence permit linked to the marriage, the effect of the divorce on that permit must be separately assessed. A divorce decision does not in itself create a new residence permit. Article 36 of Law No. 6458 regulates refusal, cancellation or non-extension linked to the ending of the conditions for a family residence permit and to the transition to a short-term permit. For this reason, waiting on the basis of the end date shown on the current card is not an appropriate course. [13]

The three-year family residence permit requirement on divorce from a Turkish citizen

Under Article 34(6) of Law No. 6458, a foreign national married to a Turkish citizen may, in the event of divorce, be granted a short-term residence permit on condition that he or she has stayed on a family residence permit for at least three years. The criterion is not merely that the marriage has lasted three years; the period spent on a family residence permit must be documented. The transition is not automatic; the application and the relevant permit conditions are assessed. [13] [14]

In a hypothetical example, if a foreign national who has been married for four years has held a family residence permit for only the last year, the length of the marriage alone does not satisfy the three-year condition of this special route. The type and periods of earlier permits must be checked. On the other hand, where the three-year condition is not met, whether the person has another permit or status available on a different legal basis is separately examined; divorce alone does not remove every possibility.

This special provision governs divorce from a Turkish citizen. Where both spouses are foreign nationals, or where the person holds a work, student, long-term residence or other status, the same three-year rule does not apply automatically. The residence status of the child must also be checked separately from the assessment of the parent's divorce.

The exception for time limits in cases of domestic violence

Where it is established by a court decision that the foreign spouse is a victim of domestic violence, the three-year time requirement under Article 34(6) does not apply. The Law ties this exception to a court decision. The content of the decision submitted with the application, and whether it establishes the victimisation, must be examined; a mere record of a complaint, or a claim not yet decided, does not show that all the conditions are met. The exception does not make the examination of the other conditions of the application unnecessary. [13]

Which documents are prepared for a transition application?

The passport, current and previous residence permits, the divorce decision and information on its finality, the address and the documents required for the relevant permit type are prepared together. Where the violence exception is relied upon, the court decision on it is added to the file. Where a foreign divorce decision is used, its effect in Türkiye, and the translation and certification requirements, are examined separately.

The correct type of application and list of documents should be checked through the Directorate General of Migration Management's current e-residence and provincial directorate guidance. The divorce court and the administration assessing the residence application carry out different procedures. The legal reasons, date of service and route of challenge for any notified refusal or cancellation must be followed separately; the continuation of the divorce proceedings does not automatically extend the period of residence. [13] [14]

If there is violence or a threat, must one wait for the divorce outcome?

For persons within the scope of Law No. 6284 who have suffered violence in Türkiye or are at risk of it, an application for protection is not dependent on the divorce becoming final. Depending on the circumstances, measures such as removal from the shared home, a prohibition on approaching, a prohibition on disturbing by means of communication, accommodation or confidentiality measures may be considered. For the purposes of an application under the Law, being a foreign spouse is not in itself a reason for excluding protection. [15]

A measure may be requested from the nearest judge, the civil administrative authority or a police unit, depending on its nature. The temporary measures in the divorce action under Article 169 TMK and the protective routes under Law No. 6284 should be considered together, and their effect on the person or assets abroad examined separately.

Under Article 8(3) of Law No. 6284, no evidence or document of violence is required for a protective measure; the preventive measure must also be issued without delay. However, existing health records, messages, witnesses and police applications must be preserved safely and lawfully. This urgent protection arrangement and the court-decision requirement for the three-year exception in residence permits are different. [15] [13]

Which documents should be prepared before bringing the action?

Evidence should be matched to the events alleged. Instead of general statements such as "the marriage was going badly", it should be determined which event occurred when and what document or witness will prove it. The context, integrity and manner of obtaining messages are important; under Article 189 HMK, evidence obtained unlawfully may not be used. Unauthorised access to another person's account must not be treated as a method of preparing evidence. [8]

The necessary authentication and translation of foreign official documents should be checked. Rather than having all documents certified again and again in every file, the type of document to be used and the exemption under the relevant agreement should be determined. Where a party who does not speak Turkish is to make a statement, the need for an interpreter should be planned in advance.

Current time limits, costs and post-decision procedures

Where Turkish law applies, the earlier "three years" information is out of date for the route based on de facto separation under Article 166(4) TMK. Following the 2024 amendment, the condition is that one year has passed from the date on which the earlier rejection decision became final, and that common life has not been re-established. Living apart for one year for any reason alone does not satisfy all the conditions of this provision. [4]

The duration of the action is affected by service, research into foreign law, witnesses and expert examination, the claims of the parties and the appeals. Court fees, advance on costs, translation, foreign service, travel and legal services should be assessed under separate headings. For a foreign claimant, the security and exemptions under Article 48 MÖHUK are examined; legal aid is also examined where its conditions are met.

Once the divorce decision has become final in Türkiye, the entry of the Turkish records is followed up. Where the decision is also to be used in the spouse's country or country of residence, the recognition and registration procedure of that State is separately investigated. It should not be assumed that a Turkish decision will be automatically processed under the European Union's own rules for the circulation of decisions. Procedures in the foreign country may require a copy of the decision, proof of finality, translation and properly executed notification documents.

Conclusion

A properly founded internationally connected divorce requires three questions to be answered separately: which court in Türkiye has jurisdiction; which law governs the substance of the divorce; and how the decision will take effect in another country. A foreign spouse's presence does not in itself prevent a divorce action; but bringing an action in Türkiye does not ensure that Turkish law will apply to every issue.

The plan of action is set up more soundly once citizenship, centre of life, any existing foreign file, the position of the children and the evidence have been clarified at the outset. The foreign spouse's family residence permit and any urgent need for protection should also be considered together with the divorce timetable. The scope of the service is set out on our divorce lawyer services and family law lawyer services pages. This guide is for general information; the country and document features of the specific case must be assessed separately.

Frequently Asked Questions

We both live abroad; can we divorce in Türkiye?

Yes, where the jurisdictional conditions are met. For Turkish citizens the special order in Article 41 MÖHUK applies; in other cases Article 40 MÖHUK and the relevant domestic jurisdictional rules are examined. Wanting to bring the action in Türkiye alone is not sufficient. Related explanation

If my foreign spouse has no Turkish population record, can no action be brought?

This deficiency is not, by itself, a bar to the action. Identity, marriage and the jurisdictional connection must be documented. The Court of Cassation decision of 21 April 2026 explains that the expectation of registration in the Turkish population register is not correct for two foreign nationals. Related explanation

Can a Turkish court apply foreign law?

Yes. The law indicated by Article 14 MÖHUK may be foreign law. The judge investigates and applies it of the court's own motion; the parties' mere request for Turkish law is not decisive in every case. Related explanation

Can I give a lawyer a power of attorney and divorce by mutual consent without ever coming?

Where Turkish law applies, the judge must personally hear the parties. A power of attorney and a signed protocol do not automatically replace this requirement. Whether a remote hearing is available is assessed according to the court and the procedural conditions in force. Related explanation

If my spouse abroad does not receive service, does the action end?

No. Whether service can be completed depends on the country, the citizenship and the applicable procedure. However, service cannot be regarded as made where the correct address and procedural conditions are not met. Related explanation

Will the Turkish divorce court necessarily decide custody of a child abroad?

Not necessarily. The child's habitual residence and special rules such as the 1996 Hague Convention, where applicable, may require a separate examination of jurisdiction. Divorce and child-protection jurisdiction do not coincide in every file. Related explanation

We have lived apart for a year; does divorce follow automatically?

No. For Article 166(4) TMK, the conditions include that an earlier rejected divorce action has become final, that a year has passed since then, and that common life has not been re-established. Other grounds for divorce may also be assessed separately. Related explanation

When I divorce in Türkiye, does the record in the foreign country change too?

It should not be assumed that it will change automatically. The recognition or registration procedure of the country concerned, the documents required and the finality of the decision must be followed separately. Related explanation

After divorcing my Turkish spouse, does my family residence permit continue automatically?

No. The basis of the current permit and the conditions for moving to another permit must be assessed. Article 34(6) of Law No. 6458 provides for a transition to a short-term permit for a foreign national who has stayed on a family residence permit for at least three years; where domestic violence victimisation is established by a court decision, the three-year condition is not required. Related explanation

Must I wait for the divorce decision in order to be protected from violence?

No. In Türkiye, protective and preventive measures under Law No. 6284 may be assessed before the divorce becomes final. The appropriate measure and the authority to apply to are determined by the danger and needs of the situation. Related explanation

Sources and legal bases

[1] Private International and Procedural Law No. 5718 (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), in particular Articles 1–5, 14–15, 40–41, 48 and 50–59; accessed October 11, 2026.

[2] Population Services Law No. 5490 (Nüfus Hizmetleri Kanunu), Article 27/A.

[3] Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts (Aile Mahkemelerinin Kuruluş, Görev ve Yargılama Usullerine Dair Kanun), Articles 2 and 4.

[4] Turkish Civil Code No. 4721 (Türk Medeni Kanunu), in particular Articles 166, 168–169 and 174–182; current text including the amendment by Law No. 7532 as regards Article 166(4).

[5] Second Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi), January 25, 2024, E.2023/3895, K.2024/500, affirmance on the objection to jurisdiction. Official full text of the Ministry of Justice.

[6] Second Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi), October 16, 2019, E.2019/4761, K.2019/10295, quashing as regards the application of the common national law. Official full text of the Ministry of Justice.

[7] Second Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi), April 21, 2026, E.2025/5548, K.2026/4435, foreign spouses, common habitual residence and substantive examination of the divorce claim; majority and dissenting opinions. Official full text of the Ministry of Justice.

[8] Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu), in particular Articles 74, 149, 189, 194, 199, 224 and 334; accessed October 11, 2026.

[9] Notification Law No. 7201 (Tebligat Kanunu), in particular Articles 25, 25/a and 28.

[10] HCCH, Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965), text of the Convention; for a particular country, current accession, authorities and declarations must also be checked.

[11] HCCH, 1996 Hague Convention on the Protection of Children, in particular Articles 5, 10–11 and 15.

[12] HCCH, Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations, in particular Articles 4–8; for a concrete application, the scope of the Convention and the status of the State concerned must be assessed.

[13] Law No. 6458 on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu), in particular Articles 29 and 31–36; accessed October 12, 2026.

[14] Republic of Türkiye Ministry of Interior, Directorate General of Migration Management, Types of Residence Permits (İkamet İzni Çeşitleri), statements on the transition from a family residence permit to a short-term residence permit; accessed October 12, 2026.

[15] Law No. 6284 on the Protection of the Family and the Prevention of Violence against Women (Ailenin Korunması ve Kadına Karşı Şiddetin Önlenmesine Dair Kanun), in particular Articles 1, 3–5 and 8; accessed October 12, 2026.