Recognition and Enforcement of Foreign Divorce Decrees in Turkey

Decisions taken by foreign courts are not directly enforceable in Turkey. In order for foreign court decisions to be enforceable in Turkey, a lawsuit called recognition and enforcement lawsuit, which is regulated in the Law on International Private Law and Procedural Law, must be filed. In addition, pursuant to Article 27A of the Population Services Law, divorce decrees obtained abroad can be enforced in Turkey without the need to file a recognition case. Pursuant to Article 27A of the Population Services Law, registration of divorce decisions issued by foreign judicial or administrative authorities in the population registry; Take advantage of this article explaining the recognition and enforcement of divorce.

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Direct Registration of Foreign Divorce Decrees in the Civil Registry

Article 27A of the Civil Registry Services Law regulates the direct registration of divorce decrees issued by foreign courts or authorities to the civil registry in Turkey and allows for the registration of the divorce decree directly to the civil registry without the need to apply to the court, if the parties apply together. For this procedure to be carried out, the parties must apply together. However, if one of the spouses is dead or a foreigner, the party who is a Turkish citizen or his/her proxy may apply alone. Nevertheless, if these conditions are not met and the parties cannot apply together, it will be necessary to file a recognition and enforcement case. The parties or their attorneys can apply to the registry office with the required documents so that the procedures can be carried out through the attorney.

In parallel, the divorce decision to be registered in the civil registry must have been issued and duly finalised by the competent judicial or administrative authority in accordance with the laws of the state where it was issued and must not be clearly contrary to the Turkish public order. If the registration request is rejected on the grounds that it does not meet these conditions, it will be necessary to file a lawsuit for the recognition and enforcement of the divorce.

Where to Submit the Application for Direct Registration of Foreign Court Divorce Decisions in the Population Registry?

In accordance with Article 5 of the Regulation on the Registration of Foreign Judicial or Administrative Decisions in the Population Registry, registration applications are made to the foreign representative offices in the country where the decision was made, or to the provincial directorate of the place of residence of one of the parties in Turkey; if there is no place of residence in Turkey, to one of the provincial directorates of Adana, Ankara, Antalya, Bursa, Bursa, Diyarbakır, Erzurum, Gaziantep, İstanbul, İzmir, Kayseri, Konya, Konya, Kahramanmaraş, Samsun, Siirt, Sivas, Trabzon, Şanlıurfa and Van.

Who Can Apply For The Registration Of Foreign Divorce Decrees Directly To The Civil Registry?

Applications for the registration of foreign divorce judgments in the civil registry must be made by the parties in person, through their legal representatives or attorneys. It is not mandatory for the parties to be present together during the application, the parties can make their applications together at the same time or at separate times. If the parties prefer to apply separately, the period between the applications should not exceed ninety days.

Except for divorces carried out by a unilateral declaration of will, if the persons whose marriage has ended are dead before the registration request, the request for registration of divorce decisions issued by foreign country authorities in the civil registry may be made by those who have legal interest.

What are the Documents Required to be Submitted in the Application for Direct Registration of Foreign Divorce Decisions in the Turkish Civil Registry?

The documents required to be submitted in applications for the registration of the divorce decision issued by foreign courts or authorities in the Turkish civil registry are as follows:

• Application Form,

• The original of the duly approved divorce decree requested to be registered and its Turkish translation certified by a notary public or foreign representative office or certified by the competent authority of the relevant country by applying the Apostille annotation,

• The finalization annotation of the decision requested to be registered, or if there is no finalization annotation, the certified document stating that the decision has become final according to the laws of the country where the decision was issued, or the original of the letter and its Turkish translation certified by a notary public or foreign representative office or certified by the competent authority of the relevant country by applying Apostille,

• Copies of the identity cards or passports of divorced spouses, and if one of the parties is a foreigner, notarized Turkish translations of the identity cards or passports,

• For applications to be made by proxy, the original or approved original copy of the special power of attorney with photograph issued by a notary public.

Along with all these documents; the information on the case file previously filed in Turkish courts and still pending in the divorce decision requested to be registered and the original or photocopy of the court decision, if any, stating that the decisions were previously finalized by the Turkish courts or a document received from the judicial authorities stating that there is no ongoing lawsuit in Turkish courts or a decision that the recognition was previously rejected by the Turkish courts must be attached to the application form.

If any deficiency is detected in the documents received in the application, a period of ninety days shall be given for the completion of the missing documents. If the missing documents are not completed within this period, the application shall be rejected.

Recognition and Enforcement of Divorce

Recognition and enforcement of divorce is a lawsuit filed for a divorce decision taken abroad to become valid in Turkey. In order for the divorce decisions taken abroad to be valid and enforceable in Turkey, a recognition and enforcement case must be filed.

Recognition of Divorce Case

It means the legal recognition of the court decision rendered abroad in Turkey. A recognition lawsuit is filed in order to recognize the divorce decision rendered abroad as divorced in Turkey. This lawsuit ensures that the finalization of the divorce decision is recognized by the legal system in Turkey.

Determining the Date of Divorce

Pursuant to Article 59 of the Law on International Civil and Procedural Law, the final judgment or conclusive evidence effect of foreign court decisions is as of the moment the foreign court decision becomes final. Accordingly, the divorce will be effective as of the date of finalization of the foreign court decision. Similarly, Article 58 of the Regulation on the Implementation of the Population Services Law stipulates that in the event that the divorce decisions rendered by foreign courts are finalized by the Turkish courts with a decision on enforcement or recognition, the date of finalization of the decision rendered by the foreign court shall be considered as the date of divorce.

Enforcement of Divorce Case

It is the lawsuit filed for the enforcement of the divorce decision taken abroad in Turkey, in other words, for the implementation of its legal consequences. For example, in order to enforce the alimony, custody, compensation and property division decisions made abroad in Turkey, an enforcement case must be filed.

In enforcement proceedings, Turkish courts examine whether the conditions specified in the Law on International Civil and Procedural Law are met, without going into the merits of foreign court decisions, but by evaluating whether the decision is in accordance with public order. In the event of an enforcement decision, the foreign court judgment becomes enforceable as a Turkish court judgment.

In short, enforcement for the enforcement of the performance provisions and recognition for the enforcement of the determination provisions and construction provisions will be in question. Since the divorce case is a constructive action, it will be subject to a recognition case in Turkey, and since the provisions regarding the accessories of the divorce such as alimony and custody are performance judgments, they will be subject to an enforcement case in order to be enforceable in Turkey.

Enforcement of Alimony Judgments Rendered Abroad

Enforcement of alimony awards obtained abroad in Turkey is one of the important issues of private international law. For the enforcement of alimony decisions, the decision must first be finalized. Therefore, it will not be possible to enforce a court decision corresponding to precautionary, interim alimony.

Furthermore, the alimony award should not be clearly contrary to the Turkish public order. In addition, the Hague Convention on the Recognition and Enforcement of Judgments on Maintenance Obligations dated 1973, to which Turkey is a party, facilitates the enforcement of maintenance judgments between party countries.

Enforcement of Property Division Judgments Rendered Abroad

In the enforcement of foreign court decisions on property regimes, the compliance of the decision with the Turkish public order and the status of the immovables are particularly important. Turkish courts have exclusive jurisdiction for real estate in Turkey. The nature of the property regime and the applicable law are also taken into consideration in the enforcement process. While Turkish law is based on the regime of participation in acquired property, different property regimes may be applied in foreign countries and this may affect the enforcement process.

Enforcement of Compensation Decisions Rendered Abroad

It is possible to enforce compensation awards rendered by foreign courts in Turkey. The conformity of the amount of damages with the Turkish legal system is important in evaluating whether the foreign court decision examined in an important enforcement case is contrary to the public order of Turkey. In particular, since punitive damages are not accepted in Continental European legal systems and Turkish law, unlike Anglo-Saxon legal systems, it can be foreseen that there may be problems in the enforcement of such awards. If the amount of compensation awarded by the foreign court is clearly contrary to the Turkish public order, the request for enforcement may be rejected or the amount of compensation may be reduced.

Enforcement of Foreign Custody Decisions

The enforcement of custody decisions taken abroad is based on the best interests of the child. The 1980 Hague Convention on the Civil Aspects of International Child Abduction plays an important role in this process. In the enforcement of custody decisions, attention is paid to issues such as the fact that the decision was made by the court of the country where the child’s habitual residence is located, that the child and the other parent were heard, and that the decision is not clearly contrary to Turkish public order.

The concept of joint custody in the Turkish legal system started to be accepted with a decision of the Court of Cassation in 2016. Prior to this date, Turkish courts tended to refuse the enforcement of foreign joint custody judgments on the grounds of contravention of Turkish public order. However, after this decision of the Court of Cassation, the enforcement of joint custody decisions has become possible.

Where and in Which Court is the Recognition and Enforcement of Divorce Case Filed?

The competent court for the recognition and enforcement of divorce is the Family Court. The competent court in the case of recognition and enforcement of divorce is the court of the place of residence of the person against whom enforcement is requested in Turkey, or if there is no place of residence, the court of the place where he/she resides, or if there is no place of residence or residence in Turkey, the court of the preferred place among Ankara, Istanbul or Izmir courts.

How Long Does the Recognition and Enforcement of Divorce Case Take?

The case for the recognition and enforcement of divorce can last from two to three months to one year, depending on the place of residence of the parties and the completion of the notification procedures.

Conclusion

The validity of foreign divorce decrees in Turkey depends on the correct execution of the recognition and enforcement process. Article 27A of the Population Services Law allows the parties to register their divorce decisions by applying directly to the registry office under certain conditions. However, there are certain conditions for this registration, and this registration does not provide for the application of elements such as alimony, property division and compensation in Turkey.

Your Divorce Lawyer: Viridis Legal Partners

As Viridis Legal Partners, we provide expert support in the registration, recognition and enforcement of divorce, alimony, custody and property division decisions taken abroad in Turkey. We are here for you to get results as soon as possible by being with you at every stage of the application and litigation process.

If you need expert support in the registration, recognition and enforcement of divorce, alimony, custody and property division decisions in Turkey, contact us to benefit from our experience in divorce and family law.

FAQs

Is the divorce decree I obtained abroad valid in Turkey?

In order for a divorce decree obtained abroad to be valid in Turkey, a recognition and enforcement action must be filed.

How can I register a divorce decree obtained abroad in Turkey? 

Within the scope of Article 27A of the Population Services Law, registration can be made by applying directly to the civil registry office under certain conditions.

What is a recognition and enforcement case? 

It is a type of lawsuit filed in order for a court decision taken abroad to become valid in Turkey. It is necessary for the implementation of divorce, alimony, custody and property division decisions.

What documents are required to introduce the divorce decree I obtained abroad in Turkey? 

Documents such as the original divorce decree, certified Turkish translation, finalization annotation and identity documents are required.

Is the alimony decision I obtained abroad valid in Turkey? 

In order for the alimony decision to be enforced in Turkey, an enforcement action must be filed.

How can a foreign court decision be enforced in Turkey? 

By filing an enforcement case, you can make foreign court decisions enforceable in Turkey.

How long does it take to recognize a divorce judgment in Turkey? 

The recognition and enforcement case is usually concluded between 2-12 months depending on the notification and other legal procedures.

Which court should I apply to for recognition and enforcement in Turkey? 

Family Courts are authorized to hear these cases. The competent court is the court of residence of the other party, i.e. the divorced spouse, in Turkey.

Are joint custody decisions valid in Turkey? 

As of 2016, with the decision of the Court of Cassation, joint custody decisions have become recognizable in Turkey.

Can property division decisions taken abroad be enforced in Turkey? 

Yes, but in order for these decisions to be enforceable, an enforcement case must be filed and some special cases such as immovable properties are carefully evaluated.