A spouse's or parent's residence abroad does not by itself prevent a maintenance claim in Türkiye. However, whether the action can be heard in Türkiye, which law applies to the maintenance, and how the decision can be collected in the debtor's country are assessed separately. The fact that a Turkish court has jurisdiction does not mean that Turkish law will apply in every case or that the decision will be directly enforced abroad.
This guide is written for people who do not yet have a maintenance decision or who are claiming maintenance in an existing family case. Enforcement of a foreign decision in Türkiye and collection of a Turkish decision abroad are subject to different documents and application rules. The first step is to determine together the type of maintenance, the parties’ nationalities, their habitual residences and any pending proceedings. [1, 2]
What information should be determined before a maintenance action?
Child support claimed for a child, interim measures protecting a spouse’s livelihood during divorce, and post-divorce spousal maintenance may not be resolved by the same connecting rules. Who will represent the child in the action, whether parentage has been established, and whether the child has reached majority also affect the nature of the claim. Spousal maintenance that a mother or father claims in his or her own name must be separated in the petition from the claim made on behalf of the child.
The foreign element is not only foreign nationality. Two Turkish citizens living in different countries, or a maintenance creditor whose center of life is in another country, also matters. Habitual residence (mutad mesken) means not only the address in the population register but the place where a person’s life relationships actually concentrate. School, work, housing, family arrangements and the continuity of the stay are assessed together; a holiday or a short visit alone may not be decisive.
| Starting information | Why it matters | Documents that can be prepared |
|---|---|---|
| Type of maintenance and who holds the right | Applicable law, representation and scope of the claim | Population and parentage records |
| Parties’ center of life | Jurisdiction and applicable law | Residence, school and employment documents |
| Any existing foreign action or decision | Parallel proceedings and duplicate claims | Petition and copy of the decision |
| Debtor’s address and employment | Service of process and likelihood of collection | Current address, employer details |
| Needs and ability to pay | Making the amount concrete | Expense breakdown, income and payment records |
In which court in Türkiye is a maintenance action brought?
International jurisdiction and subject-matter jurisdiction are examined separately
Article 40 of the Law on Private International and Procedural Law (MÖHUK) ties the international jurisdiction of Turkish courts to the domestic rules of territorial jurisdiction. It is therefore first determined whether the claim is brought together with a divorce, independently, or to modify an earlier maintenance award. It cannot be said that the court of the same city has jurisdiction in all maintenance disputes. For maintenance disputes arising from family law, subject-matter jurisdiction is assessed within the system of family courts and, where there is no family court, the court acting in that capacity. [1, 9]
For example, for maintenance in a divorce action the jurisdictional regime of the divorce matters, whereas for an independent maintenance claim the relevant special jurisdictional rule is examined separately. If the claim is only for enforcement of a foreign judgment, the subject-matter and territorial jurisdiction provisions on enforcement, not those of a new maintenance action, are the basis. What decides the matter is the legal result sought, not the name of the petition.
Article 41 MÖHUK does not give every claimant a free choice of city
If actions concerning the personal status of Turkish citizens have not been brought, or cannot be brought, in a foreign country, the order in Article 41 may come into play. First the court with territorial jurisdiction in Türkiye is considered; if there is none, the place where the person resides; if the person does not reside in Türkiye, the last place of residence in Türkiye. Only when none of these exists does one of the courts of Ankara, Istanbul or İzmir come into question. [1, Art. 41]
The approach “my spouse is abroad, so I will bring the action in one of the three big cities I choose” is therefore incomplete. The link of Turkish citizenship and personal status, the existence of foreign proceedings and the statutory order must be shown in the specific case. Article 41 does not apply by itself to a dispute between two foreigners.
Which country’s law does a Turkish court apply?
The international convention is examined first, then the relevant statutory rule
Article 1(2) MÖHUK preserves international conventions. The 1973 Hague Convention on the Law Applicable to Maintenance Obligations, to which Türkiye is a party, is considered first for claims within its scope. This text differs from the 2007 Hague Convention on the collection of maintenance. Türkiye’s being a party to the 2007 collection convention does not mean it is also a party to the 2007 Protocol on the Law Applicable; in the HCCH status table Türkiye is not among the parties to that Protocol. [2, 3]
Under the 1973 Convention the main connecting factor is the habitual residence of the maintenance creditor. If maintenance cannot be obtained under that law, the common national law applies, and if that also fails, the law of the authority seised applies, in that order. These are not alternatives from which the claimant may choose the law he or she prefers. The Convention also allows the law it designates to be the law of a State that is not a party. [2, Arts. 3–6]
Maintenance for a divorced spouse and Türkiye’s reservations are treated separately
Article 8 of the 1973 Convention contains a special rule on the law applicable to the divorce for maintenance between divorced spouses and for its modification. It is not correct to subject child support to this rule merely because it is regulated in the divorce decision. In areas where the Convention does not apply, special provisions such as Article 19 MÖHUK and, for divorced spouses, Article 14(2) are assessed together. [1, 2]
Türkiye’s reservations to the 1973 Convention must not be overlooked either. The reservation on scope concerning maintenance between persons related by collateral kinship and by affinity, and the Article 15 reservation where both parties are Turkish citizens and the debtor’s habitual residence is in Türkiye, may change the result. Maintenance for parents, children, former spouses and siblings therefore cannot be reduced to a single rule. [4]
How is the content of foreign law brought into the file?
The judge applies the Turkish conflict-of-laws rules and the foreign law they designate ex officio, and may ask the parties for help in establishing its content. The current text of the foreign statute, information on its entry into force, relevant decisions and reliable translations are therefore important. A maintenance calculation table taken from the internet alone does not prove that table’s binding force or its exceptions. Reversion to Turkish law is conditioned on the provisions of the foreign law relevant to the case not being ascertainable despite all efforts. [1, Art. 2]
How is process served on a spouse or parent abroad?
Service gives the defendant the opportunity to learn of the claim and to defend. The method to be used is affected by the addressee’s country, nationality, known address and the applicable convention. The international service channels and the consular route for Turkish citizens abroad must be distinguished, as their conditions differ. The same document, language and method cannot be used for every country. [5]
If the debtor is known to live abroad, sending documents to the former address in Türkiye does not resolve the problem by itself. An address inquiry, proper notification and keeping the proof of service in the file are particularly important. Nor does a message having been read replace proper court service in every case. A deficiency may affect the appellate review of the decision and its later recognition in a foreign country.
How are income and assets in a foreign country investigated?
The income allegation should be made as concrete as possible. The employer’s name, the country of work, the known workplace, the profession, company shareholdings and regular payment records guide the inquiry. Lawfully obtained bank movements and tax documents may be useful. However, it should not be assumed that all bank accounts in another country can be reviewed by a Turkish court in a single step.
International letters rogatory and applicable judicial assistance arrangements can be used to obtain evidence in a foreign country. In central authority applications under the 2007 Hague Convention, assistance in locating the address, income and assets is also possible; this assistance is limited by local jurisdiction, confidentiality and data protection rules. The central authority does not take the place of the court and does not decide the amount of maintenance. [6][7, Art. 6]
| Evidence or inquiry | Matter it can support | Limit to observe |
|---|---|---|
| Salary and tax records | Regular income and deductions | Gross income is distinguished from available income |
| Child expenses | Education, health and care needs | The same expense is not claimed twice |
| Housing and living costs | Actual living conditions in the country | The exchange rate alone is not sufficient |
| Earlier payments | Existing contributions and set-off | The period and purpose of the payment are explained |
| Employer and address information | Direction of the official inquiry | Unlawful data collection is not used |
How does the Court of Cassation separate jurisdiction from applicable law?
In its decision of the 3rd Civil Chamber of the Court of Cassation dated 6 June 2016, E.2016/1960, K.2016/9078, the conclusion that a foreign court had jurisdiction over a maintenance claim for children, reached on the basis of Article 19 MÖHUK, was not considered correct. The Chamber separated the rule designating the applicable law from international jurisdiction and, on the particular facts, assessed Article 41 and the priority of the 1973 Convention. [8]
The conclusion to be drawn from the decision is not that every maintenance action with a foreign link can be brought in Türkiye. The real lesson is that the idea that “foreign law applies” does not by itself show that a Turkish court lacks jurisdiction. Jurisdiction and applicable law should be justified separately in the petition.
How should the action and the collection plan be built together?
Hypothetically, if the child lives in Türkiye and the parent in Germany, the child’s needs, the parent’s ability to pay and the basis of jurisdiction in Türkiye are prepared together. In addition, thought is given to proper service and to how the documents showing the enforceability of the decision will be obtained so that it can be used in Germany. Obtaining a decision from a Turkish court and actually obtaining payment in a foreign country are different stages.
If there is a need for interim protection, the request must be stated clearly. The provision of Article 14(4) MÖHUK on interim measures is addressed in light of the nature of the claim and the applicable convention. Whether an interim decision can be applied in another country is checked separately. If a problem of security for costs or legal aid arises because of foreign status, Article 48 MÖHUK and the exemptions under conventions are assessed together; being a foreign national does not mean that security will be required in every case.
Conclusion
The sound starting point for claiming maintenance from a spouse or parent living abroad is the right claim and the right basis for jurisdiction. Applicable law, service of process and the income inquiry are built on that. Assessing from the outset both the country in which the decision will be obtained and the country in which it will be collected reduces document and right-of-defence problems that are hard to cure later.
Related articles: Recognition and Enforcement in Türkiye of a Foreign Court’s Maintenance Decision; Collecting a Maintenance Decision Issued in Türkiye Abroad: Application Routes and Required Documents; Increasing, Reducing or Terminating a Foreign Maintenance Decision: In Which Country Is the Action Brought?; Where and How Is a Maintenance Action Brought? Competent Court, Jurisdiction, Mediation and Legal Aid; How Is Child Maintenance Collected from a Parent Abroad?.
Frequently Asked Questions
Do I lose my right to maintenance because my spouse lives abroad?
No. Entitlement is assessed under the applicable law; being abroad does not by itself remove the maintenance claim.
If I bring the action in Türkiye, is Turkish law necessarily applied?
No. The court’s jurisdiction and the law applicable to the merits are separate questions. Conventions and conflict-of-laws rules may point to foreign law.
Does the result change if both parties are Turkish citizens?
Nationality matters, but it is not sufficient by itself. Habitual residence, the type of maintenance and the reservations to the relevant convention are also examined.
Can I choose any one of Ankara, Istanbul or İzmir?
These options cannot be used directly until the conditions and order of priority in Article 41 MÖHUK are met.
What should I prepare if I do not know the debtor’s address?
The last known address, employer, identity and contact details make the inquiry easier. Not knowing the address creates a need to determine the appropriate official inquiry route.
Does a WhatsApp message replace court service of process?
Sending a message alone does not satisfy all the conditions of international judicial service. Proper service is assessed separately.
Is the whole of income in a foreign currency taken as the basis?
The nature of the income, necessary expenses, needs and the applicable law are examined together. A maintenance result cannot be derived merely by multiplying by an exchange rate.
Do I have to submit the text of the foreign law?
The judge has a duty to investigate ex officio; the parties may be asked for help. Submitting a current and verifiable text and translation assists the review.
Does the central authority decide on maintenance?
The central authority assists with applications and cooperation. Decisions requiring judicial authority are made by the competent authority concerned.
Is money collected abroad as soon as a decision is obtained?
No. Recognition of the decision in the country concerned, its enforceability and local collection procedures must be completed separately.
Sources and legal bases
- Law No. 5718 (MÖHUK), especially Arts. 1–2, 14, 19, 40–41, 48 and 50–59. Ministry of Justice text.
- HCCH, Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations, Arts. 3–8. Full text.
- HCCH, 2007 Protocol on the Law Applicable to Maintenance Obligations. Status table.
- HCCH, 1973 applicable law convention, Türkiye’s reservations. Status and declarations.
- Ministry of Justice, International Judicial Service of Process in Civil Matters, Circular No. 63/3. Official circulars.
- Ministry of Justice, Principles Applicable to International Letters Rogatory in Civil Matters, Circular No. 63/2. Official circulars.
- HCCH, Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance, especially Art. 6 and Arts. 9–10. Full text.
- Court of Cassation, 3rd Civil Chamber, 06.06.2016, E.2016/1960, K.2016/9078. Access to the full text of the decision.
- Law No. 4787 on the Establishment, Duties and Rules of Procedure of Family Courts, Arts. 2 and 4; for references to the former Law No. 2675, MÖHUK Art. 64. Ministry of Justice text.
Source check date: 14 October 2026.