Recognition Of Marriages By Turkish Citizens Abroad

Recognition Of Marriages By Turkish Citizens Abroad

Recognition Of Marriages By Turkish Citizens Abroad

Turkish citizens can marry in foreign countries in two ways;

  1. 1- Marriage in front of Turkish Consulates, provided that both spouses are Turkish
  2. 2- Marriage before foreign authorities

Marriages made in a foreign country are not directly recognized by the Turkish authorities if they are not performed in front of the Turkish authorities abroad.

The marriage of two Turkish citizens abroad in front of foreign authorities or the marriage of a Turkish citizen to a foreigner does not automatically ensure that the marriage is recognized by Turkish law.

VALIDITY OF MARRIAGE CONDUCTED BEFORE FOREIGN AUTHORITIES

The most important condition for marriages made abroad to be valid before the Turkish authorities is that the marriage is not contrary to Turkish legislation and public order.

For example, marriages made below the marriage age determined for men and women in Turkey do not in any way result in the consequences of a valid marriage in Turkey.

NOTIFICATION OF MARRIAGE BEFORE FOREIGN AUTHORITIES

In accordance with Article 11 of the Marriage Regulation No. 2169, a marriage made in front of the competent authorities of the foreign country is also valid in Turkey, provided that it is not contrary to Turkish legislation.

However, this marriage must be reported to the Turkish authorities.

DURATION OF NOTIFICATION

Marriage performed in front of foreign authorities must be made to Turkish authorities WITHIN 30 DAYS from the date of marriage.

IS THE NOTIFICATION PERIOD AN IMPAIRING PERIOD?

The 30-day period stipulated in the Marriage Regulation is not a derogatory period. After this period has passed, the marriage can be reported to the Turkish authorities.

WHAT HAPPENS IF THE MARRIAGE NOTIFICATION EXPIRES?

The administration has imposed an administrative fine on Turkish citizens who do not report their marriages in a foreign country within 30 days.

RECOGNITION OF MARRIAGE THROUGH RECOGNITION CASE

Notification to the Turkish authorities after the marriage is not the only way for marriages made abroad in front of foreign authorities to be recognized by Turkish law.

The marriage between a Turk and a foreigner or two foreigners abroad before foreign authorities can also be recognized by Turkish law through a RECOGNITION CASE.

A marriage made without this recognition has no validity in Turkey.

For example, if a Turkish citizen who married a German citizen in Germany does not notify the marriage within 30 days or does not introduce his marriage with a recognition case, he is still considered single in Turkey.

AUTHORIZED COURT

In the case to be filed for recognition of marriage, the competent court is the court of residence of the defendant party in Turkey.

If the defendant party does not have a residence in Turkey, the court of the place where he resides has jurisdiction.

If this is not available, Ankara, Istanbul and Izmir courts are authorized for the divorce recognition and enforcement case.

IS IT REQUIRED TO BE PRESENT IN TURKEY DURING THE CASE?

There is no need to come to Turkey for the recognition case.

For the recognition and enforcement of a divorce or marriage decision you made in Turkey, it is sufficient to give power of attorney to a lawyer affiliated with the bar association in Turkey.