04 Oct Recognition of Foreign Divorce Decrees in Turkey

This piece of writing clarifies the law and procedure of recognition of foreign divorce decrees in Turkey.

A divorce decree issued in a foreign country has no force by itself in Turkey. The foreign divorce decree only will have an effect in Turkey after recognition by the Turkish courts. Thus, in order obtain recognition of a foreign divorce decree in Turkey a new petition must be submitted before the Turkish court.

Legal provision on the recognition of foreign court decision is set out in the Turkish International Private and Procedural Law (IPPL).

According to Article 58 of IPPL, the decision of the foreign court shall be recognised in Turkey, if the following requirements are met:

1. i)  The foreign court decision must be final and definitive, not provisional
2. ii) The decision must have been rendered by a competent judge and independent judicial body.

 iii) The Foreign decision must not fall within the exclusive jurisdiction of the Turkish courts.

iv)Â The foreign judgment and the foreign court proceedings are not contrary to Turkish public policy.

 v) Both parties involved with the divorce proceedings must have been duly served with notice of the proceedings and given sufficient time to enable them to present their case.  The divorce judgment must not have been obtained by fraud.

1. vi) The Turkish court cannot re-examine the merits of the case but will only ensure compliance with statutory requirements.Â

Recognition of a foreign judgement shall be requested by anyone with a legitimate interest including the parties of the foreign judgment. The parties to the recognition proceedings will be represented by Turkish lawyers.

PROOF OF FOREIGN DIVORCE: Obtain a certified copy of the foreign divorce decree from the court in the foreign country where the divorce decree was issued. Then have the document certified for use in Turkey (Apostille procedure). It is important to note that all the documents must be translated into Turkish by a sworn translator and certified before a notary public in Turkey.

If you wish to obtain further information or find out more about the legal services we provide, please contact seyran.uz@angloturkishlaw.com

DISCLAIMER: THE INFORMATION IN THIS SUMMARY IS PROVIDED FOR GENERAL GUIDANCE ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.