With the increase in international marriages and cross-border mobility, divorce of foreigners in Turkey have become increasingly common. Such cases raise complex legal issues relating to jurisdiction, applicable law, and recognition and enforcement of foreign court decisions. In this article you can find legal framework governing the divorce of foreigners in Turkey under Turkish law and private international law rules.
Jurisdiction of Turkish Courts for divorce of foreigners in Turkey
Divorce of foreigners in Turkey fall under the jurisdiction of the Family Courts. In cases involving foreign nationals, the international jurisdiction of Turkish courts is determined in accordance with the Turkish Code on Private International and Procedural Law. Turkish courts shall have jurisdiction where: at least one of the spouses has a domicile in Turkey, or the spouses have had their habitual residence in Turkey for at least six months prior to filing the lawsuit.
The law applicable to divorce cases for foreigners is determined under Article 14. Accordingly, divorce and separation are governed by:
-The common national law of the spouses.
-If no common nationality exists, the law of their common habitual residence,
-If neither applies, Turkish law.
In practice, Turkish law is frequently applied, particularly where the spouses have resided in Turkey for a significant period.
Grounds of divorce for foreigners in Turkey
Where Turkish law is applicable, the grounds for divorce are governed by the Turkish Civil Code. These include:
-Irretrievable breakdown of the marriage.
-Adultery. (a proof of adultery must be subjected to court)
-Attempt on life, cruel or degrading treatment.
-Desertion. (At least for 3 years)
-Mental illness. (A mental health report issued by Turkish Hospitals.)
-Foreign spouses may also file for uncontested (mutual consent) divorce, provided the legal requirements are met. This is the most common and easy way of divorce for foreigners in Turkey.
Financial Consequences of Divorce of foreigners in Turkey
The financial consequences of divorce include alimony, compensation, and property regime disputes.
Alimony and compensation are generally subject to the law applicable to the divorce. This may differ to each case. The financial situation of the parties may affect the limit of the alimony or compensation.
Matrimonial property regimes may be governed by different laws depending on the spouses’ choice of law or the date of marriage. If no regime is mentioned, common property regime is accepted by the court defaultly. This regime is basically consist of sharing the property obtained in marriage.
In practice, disputes concerning the property regime may be heard separately from the divorce proceedings.
Recognition and Enforcement of Foreigners Divorce Judgments
A divorce judgment rendered by a foreign court does not automatically produce legal effects in Turkey. In order to be valid, a recognition (and, where necessary, enforcement) action must be filed before Turkish courts.
However, following legislative amendments in 2018, foreign divorce decisions may be registered directly with Turkish civil registry offices without a court action, provided that:
Both parties jointly apply, and
There is no dispute regarding the judgment.
This administrative procedure has significantly simplified the process.
Conclusion
Divorce of foreigners in Turkey require careful legal analysis due to the interaction between domestic law and private international law. Matters such as jurisdiction, applicable law, and the legal consequences of divorce must be assessed on a case-by-case basis. Given the technical nature of these disputes, professional legal assistance is essential to ensure the protection of the parties’ rights.
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