Recognition of Divorce Decrees Obtained Abroad in Turkey is a crucial legal process for both Turkish citizens and individuals with dual citizenship. Divorce decrees issued abroad are valid within the jurisdiction of the country where they are granted but do not automatically carry legal effect in Turkey. Therefore, to have these foreign judgments recognized officially in Turkey, a recognition lawsuit must be filed. This process is essential to update the marital status in Turkish civil registries and to ensure that the consequences of the decision are enforceable within Turkey.
Purpose of Recognition Proceedings
A recognition lawsuit allows a divorce decree issued by a foreign court to be legally acknowledged in Turkey. This ensures that individuals divorced abroad are also officially considered divorced under Turkish law. Recognition is mandatory for those who wish to remarry or update their marital status in official records. Without recognition, a person may still appear as married in Turkey despite being divorced abroad.
When Is Enforcement Required?
If the divorce decree only concerns the dissolution of the marriage, recognition proceedings are sufficient. However, if the judgment includes enforceable provisions such as alimony, compensation, or custody, an enforcement lawsuit (exequatur) is required. Through enforcement, foreign court decisions become executable in Turkey.
Legal Requirements
For the Recognition of Divorce Decrees Obtained Abroad in Turkey, Turkish courts require certain conditions: the foreign decision must be final and binding, it must not conflict with Turkish public policy, both parties’ right of defense must have been preserved, and the judgment must have been issued in accordance with due process. Once these conditions are met, the divorce decree gains official validity in Turkey.
Importance of the Process
Recognition and enforcement proceedings have significant impacts on individuals’ private lives. Particularly in matters such as child custody, alimony, or property division, ensuring that foreign decisions are valid in Turkey is vital to prevent future disputes and protect the rights of all parties involved. Moreover, recognition helps avoid potential legal complications in future family or civil law matters.
Duration of Proceedings
The timeline of such proceedings varies depending on the completeness of the documentation, whether the parties reside in Turkey, and the workload of the courts. Generally, the process can be completed within a few months, though each case may differ based on its circumstances.
Professional Legal Assistance
Cross-border legal cases involve complex technical details. Accurate preparation of documents, strict compliance with procedural rules, and professional representation in court are essential for a successful outcome. At this stage, Turkius Law & Mediation & IP Services and Attorney Fatma Karakülah provide invaluable support. A member of the Istanbul Bar Association with extensive experience in international divorce and recognition-enforcement proceedings, Ms. Karakülah offers comprehensive legal counsel both in Turkey and abroad. With our central office in Istanbul, alongside our offices in Zurich, St. Gallen, Fribourg in Switzerland, and Cologne in Germany, we deliver effective legal solutions on an international scale.
Why Turkius Law?
- A strong international legal network covering more than 70 countries,
- Expertise in recognition and enforcement of foreign judgments,
- Professional consultation in Turkish, German, and English,
- Direct local support in Turkey, Germany, and Switzerland.
If you are seeking professional assistance in the process of Recognition of Divorce Decrees Obtained Abroad in Turkey, you can rely on Turkius Law to manage your case efficiently and securely.
