A couple divorces in Germany, France or the Netherlands. The judgment is final, the parties move on, and years later one of them discovers that in the Turkish civil registry they are still married — with consequences for remarriage, inheritance and property. A foreign judgment does not take effect in Türkiye by itself. This article explains recognition and enforcement, and the simplified route that most people can now use.
Why a foreign judgment is not enough
Judgments are acts of a state's courts and have effect within that state's legal order. For a foreign judgment to produce effects in Türkiye, it must be brought into the Turkish order — by recognition (tanıma) where it is a matter of accepting its findings, or by enforcement (tenfiz) where it must be executed, for instance to collect maintenance.
The framework is the Act on Private International Law and Procedural Law No. 5718. For a divorce, recognition alone is usually what is needed: it allows the change of status to be entered in the civil registry.
Until that happens, the person remains married in Turkish records, with the practical consequences that follow.
What being "still married" in Türkiye means
- Remarriage in Türkiye is not possible — the registry shows an existing marriage.
- Inheritance rights persist. A former spouse may remain an heir in the Turkish record, with obvious consequences on a death.
- Property transactions may require the spouse's involvement or raise questions about the matrimonial regime.
- Children's records may be inconsistent between the two countries.
- Administrative dealings proceed on a status that does not reflect reality.
None of these is theoretical, and the inheritance point in particular produces disputes years after everyone believed the matter closed.
The simplified administrative route
Since 2017, a divorce granted abroad may in defined circumstances be entered in the Turkish civil registry through an administrative application rather than court proceedings, under the relevant provision of the Population Services Law and its implementing regulation.
The conditions, in outline: both spouses apply together — in person or through representatives holding appropriate authority — to the competent authority, which may be the civil registry directorate in Türkiye or the consulate abroad; the judgment must be final; and it must not be contrary to Turkish public order.
Where the route is available it is materially faster and cheaper than litigation, and it is the first thing to check. Its limitation is the requirement that both spouses participate, which fails precisely where relations have broken down completely — the situation in which many people find themselves.
Court recognition
Where the administrative route is unavailable, recognition is sought from the family court. The requirements under Law No. 5718 are:
- A final judgment of a foreign court, with a certificate of finality.
- Reciprocity — required for enforcement; for recognition of judgments concerning personal status, the position is more accommodating, and advice should be taken on the specific country.
- Jurisdiction: the foreign court must not have assumed jurisdiction in a case falling within the exclusive jurisdiction of the Turkish courts, and the defendant must not have objected to jurisdiction on defined grounds.
- Public order: the judgment must not be manifestly contrary to Turkish public order.
- Due process: the defendant must have been properly summoned and given the opportunity to defend, or must not have objected on that basis.
The court does not re-examine the merits of the divorce. It examines whether the judgment satisfies these conditions.
The documents
- The foreign judgment, in certified copy.
- A certificate of finality establishing that it is no longer subject to appeal — the item most often missing, and without which the application cannot proceed.
- Both documents apostilled where the country is a Hague Convention party, or consular-legalised where it is not.
- Sworn translation into Turkish, with the translation notarised.
- Turkish identity documents or passports.
- A photographed power of attorney with express authority for recognition and enforcement proceedings.
The finality certificate deserves emphasis. A judgment that is final in fact but unaccompanied by proof of finality is, procedurally, not usable. Obtaining it later stalls the proceedings by weeks.
Conducted from abroad
Recognition proceedings are among the most straightforward matters to run for clients outside Türkiye. The procedure is documentary, the parties' attendance is not ordinarily required, and a lawyer holding an appropriate power of attorney can conduct the case throughout.
The power of attorney must bear a photograph, because recognition of a divorce concerns personal status. It should expressly authorise recognition and enforcement proceedings, appeal, and receipt of notifications.
Where both former spouses are willing, a joint application accelerates matters considerably — whether through the administrative route or by an uncontested court application.
Timescales
The administrative route, where available, is a matter of weeks. Court recognition is commonly a few months where the file is complete and the judgment straightforward, longer where the other party contests or where documents have to be obtained.
The variable is almost always documentation: obtaining a certified copy of a judgment from a foreign court, and its certificate of finality, from a distance and possibly years after the event.
What recognition does and does not cover
Recognition of the divorce changes marital status in the Turkish registry. It does not automatically deal with everything decided in the foreign judgment.
Custody and maintenance orders may require enforcement rather than mere recognition, and enforcement has additional requirements including reciprocity. Property division concerning immovable property in Türkiye raises questions of Turkish law, because Turkish law governs immovable property here.
Where the foreign judgment dealt with Turkish property or with ongoing obligations, take advice on what each element requires rather than assuming that recognising the divorce settles all of it.
Frequently asked questions
Do I have to come to Türkiye? Generally no. Proceedings can be conducted by a lawyer under a power of attorney.
Can I do it at a consulate? The administrative route may be available at a consulate where both spouses apply. Check the current requirements.
What if my former spouse will not cooperate? The court route does not require their cooperation, though they will be notified and may participate.
How long does it take? Weeks administratively; a few months in court where uncontested.
Will the court re-examine the divorce? No. It examines whether the recognition conditions are met.
What if I remarried abroad without recognising the divorce? Take advice promptly; the Turkish record needs correcting and the sequence matters.
Does recognition affect inheritance? Yes — it is one of the principal reasons to obtain it.
Do it before it matters
Recognition is inexpensive, usually uncontested, and can be handled without travelling. It becomes difficult only when it is left until a remarriage, a death or a property transaction forces it — at which point the documents are older, the other party may be uncooperative, and the timing is urgent.
Dural Hukuk conducts recognition and enforcement proceedings for clients in Europe and elsewhere, obtains and legalises the required documents, and advises on custody, maintenance and property elements that need separate treatment. Call +90 535 260 74 54 or use the contact form on this site.
This article is general information on Turkish law as at August 2026 and is not legal advice. Requirements vary by country and judgment; obtain advice on your own circumstances.