As a rule, the decisions made by the courts have effect and consequences only in the country where they were given.
There is no such thing as a divorce decision given by foreign courts being automatically valid in Turkey.
Turkish citizens will still be considered married before the Turkish authorities, even if their divorce has been decided before the foreign authorities. (In cases where the marriage is recognized in Turkey and registered in the civil registry)
This situation causes problems especially in areas such as alimony and inheritance.
In order for foreign court decisions regarding divorce to be valid in Turkey, some judicial or administrative procedures must be carried out.
While previously, the only option for divorce decisions given by foreign courts to be valid in Turkey was to file a RECOGNITION CASE, but with the new regulation, the obligation to file a lawsuit has been eliminated.
With the new regulation, Turkish citizen spouses or spouses who are Turkish citizens have the right to validate the divorce decision taken in foreign courts in accordance with the Population Services Law in Turkey without filing a recognition lawsuit.
Within the scope of Article 27/A of the Population Services Law, divorce decisions issued by foreign judicial or administrative authorities can be registered in the civil registry.
Conditions for registration of divorce decisions issued by foreign authorities in the civil registry
If both or one of the spouses are Turkish citizens, the law stipulates certain conditions for them to apply for registration of divorce decisions made by foreign authorities in the civil registry.
The conditions stipulated in the law are as follows:
• If both spouses are Turkish citizens, the application must be submitted personally or through their representatives; If one of the spouses is dead or a foreign national, it must be done by the spouse who is a Turkish citizen or his/her representative.
• The divorce decision must be issued by the competent judicial or administrative authorities of the country where it was given.
• The divorce decision must be PROCEDURELY FINAL in foreign courts.
• The divorce decision is not clearly contrary to TURKISH PUBLIC ORDER.
Applications that meet the conditions listed above are registered in the civil registry without the need to apply to judicial authorities.
Where should I apply to register divorce decisions in the civil registry?
The registration of divorce decisions made by foreign authorities in the civil registry is carried out abroad by foreign representatives in the country where the decision was made, and in the country by the civil registry offices determined by the Ministry.
Once the registration application is accepted, the divorce decision given by the foreign court will also be valid in Turkey.
What should be done if the registration request application is rejected?
Registration applications that do not meet the conditions written in the law will be rejected.
The only way that those whose applications are rejected on the grounds that they do not fulfill the conditions can apply for the divorce decision to be recognized in Turkey is a RECOGNITION CASE.
Each party whose registration application is rejected may apply to the Turkish judicial authorities for the recognition of the divorce decision issued by foreign courts.
Recognition case
The recognition of decisions whose registration requests are rejected in Turkish courts is within the scope of Law No. 5718 on Private International Law and Procedural Law.
However, recognition is subject to certain conditions by the legislator.
An important point that should not be forgotten is that an enforcement action must be filed for the provisions regarding alimony, custody and sharing of marital property decided by the foreign court when deciding on divorce.