Recognition of a Foreign Divorce Decree in Turkey: Recognition Action and Civil Registry Entry

One of the most common problems faced by Turkish citizens who live and divorce abroad is that a foreign court decision does not automatically take effect in Turkey. Unless a divorce decree obtained from a foreign court is recognised in Turkey or entered in the Turkish civil registry, the person continues to appear as married in the Turkish population records. This has serious consequences for remarriage, inheritance, parentage and the matrimonial property regime.

This guide explains how a foreign divorce decree can take effect in Turkey: administrative registration under Article 27/A of the Civil Registry Services Law No. 5490, the recognition action under the Turkish Code on Private International and Procedural Law No. 5718 (PIL Code), the conditions for recognition, the required documents, the competent court, and the enforcement (exequatur) action required for custody and maintenance orders.

In Brief: Recognition of a Foreign Divorce in Turkey

A divorce decree issued by a foreign court does not automatically take effect in Turkey; until it is recognised, the person appears as married in the population records.
There are two ways to give effect to the decree in Turkey: administrative registration with the civil registry under Article 27/A of Law No. 5490, or a recognition action before a court under Article 58 of the PIL Code.
Recognition requires that the decision is final, is not manifestly contrary to Turkish public policy, was rendered with due respect for the right of defence, and does not concern a matter within the exclusive jurisdiction of Turkish courts.
Where the other party has no domicile in Turkey, the action may be filed before the courts of Ankara, İstanbul or İzmir.
Provisions requiring enforcement, such as custody and maintenance, require a separate enforcement (exequatur) action.
There is no statutory time limit for recognition; however, applying without delay is important to avoid problems in the interim period.

Why Must a Foreign Divorce Decree Be Recognised?

Unless recognised by a Turkish court or registered through the administrative procedure provided by law, foreign court decisions do not have the effect of res judicata or conclusive evidence in Turkey. A person divorced abroad therefore continues to appear as married in the Turkish population records until recognition or registration takes place.

The main consequences of this situation are as follows:

The person cannot remarry in Turkey or before Turkish authorities.
If one of the spouses dies, the other spouse may appear as a legal heir because the marital status continues in the records.
The presumption of paternity may continue to apply to children born in the interim period.
Disputes regarding marital status may arise in the liquidation of the matrimonial property regime and in official transactions such as land registry and banking.

Under Article 59 of the PIL Code, a recognised foreign judgment has the same res judicata and evidential effect as a Turkish court judgment, and this effect begins from the date on which the foreign decision became final.

Option One: Administrative Registration at the Civil Registry or Consulate (Article 27/A of Law No. 5490)

A provision that entered into force in 2018 made it possible to register divorce decisions issued by foreign judicial or administrative authorities directly in the Turkish civil registry without going to court. This route considerably shortens the process, particularly in divorces by mutual consent.

Conditions for Administrative Registration

The decision must have been issued by a competent judicial or administrative authority of the foreign state and must have become final in accordance with the applicable procedure,
The decision must not be manifestly contrary to Turkish public policy,
As a rule, the application must be made jointly by both spouses or through their attorneys. Where one of the spouses has died or is a foreign national, the spouse who is a Turkish citizen may apply alone.

Applications are made to Turkish diplomatic missions (consulates) abroad and to provincial civil registry directorates in Turkey. They are assessed by a commission established for this purpose. If the application is rejected, recognition may be sought through the courts under the PIL Code.

Administrative registration is optional; it is not necessary to apply to the civil registry before filing a recognition action. Where a joint application is not possible, where the parties are no longer in contact, or where the content of the decision is disputed, a recognition action is filed.

Option Two: Recognition Action (Article 58 of the PIL Code)

A recognition action enables a foreign court judgment to have res judicata and evidential effect in Turkey. If only the divorce itself needs to be valid in Turkey, a recognition action is sufficient.

Conditions for Recognition (Articles 54 and 58 of the PIL Code)

The foreign judgment must have become final under the law of the state in which it was rendered,
The judgment must not concern a matter within the exclusive jurisdiction of Turkish courts,
The judgment must not be manifestly contrary to Turkish public policy,
The party against whom the judgment was rendered must have been duly summoned and represented in accordance with the law of that state; in other words, the right of defence must not have been violated.

Unlike enforcement, recognition does not require reciprocity between Turkey and the state in which the judgment was rendered. The Turkish court does not re-examine whether the foreign judgment is correct on the merits; its review is limited to the conditions set out in the law.

Competent Court (Article 51 of the PIL Code)

The family court has subject-matter jurisdiction over actions for the recognition of foreign divorce decrees. Where there is no family court, the case is heard by the civil court of first instance acting as a family court.

The action is filed before the court of the domicile in Turkey of the person against whom recognition is sought or, if there is none, the court of that person’s place of residence. If the other party has neither a domicile nor a residence in Turkey, the action may be filed before one of the courts of Ankara, İstanbul or İzmir.

Required Documents (Article 53 of the PIL Code)

The duly certified original or a certified copy of the foreign court judgment,
A duly certified document showing that the judgment has become final (certificate of finality),
An apostille for documents issued in states party to the Hague Convention, or consular legalisation for other states,
Notarised Turkish translations of all documents,
A power of attorney, if the case is conducted through a lawyer.

In practice, the most common deficiency is the absence of a certificate of finality or a certificate that has not been duly authenticated. Preparing the documents completely before filing the action is therefore decisive for the length of the proceedings.

The Proceedings

Recognition actions are subject to the simple procedure. The statement of claim is served on the other party, who may object only on the ground that the statutory conditions for recognition are not met. Where the documents are complete and service can be effected without difficulty, cases can generally be concluded within a short time. If the other party is abroad, the time required for service may prolong the proceedings.

Once the recognition judgment becomes final, the court notifies the civil registry directorate and the divorce is entered in the population register.

Enforcement Action for Custody, Maintenance and Compensation Orders

Civil registry entry and recognition only give effect to the divorce itself in Turkey. For provisions of the foreign judgment that require enforcement, such as custody, child support, spousal maintenance, contact with the child and compensation, to be applied in Turkey, an enforcement (exequatur) action must be filed (Article 50 of the PIL Code).

In addition to the conditions for recognition, enforcement requires reciprocity between Turkey and the state in which the judgment was rendered. Reciprocity may be based on a treaty, on the law of the foreign state or on its actual practice. Requests for recognition and enforcement may be brought together in the same action.

Recognition Action or a New Divorce Case in Turkey?

People who have divorced abroad sometimes ask whether a separate divorce case must also be filed in Turkey. If the foreign divorce decree is final and meets the conditions for recognition, there is no need to file a new divorce case in Turkey; recognition or administrative registration is sufficient. If no divorce decree has yet been obtained abroad, or if the decree does not meet the conditions for recognition, filing a divorce case in Turkey may come into question.

Turkish citizens, as well as foreign nationals domiciled in Turkey, may file divorce cases before Turkish courts. Which route is more appropriate should be assessed by taking into account the country where the parties live, the content of the decision and the status of ancillary claims such as custody, maintenance and division of property.

Frequently Asked Questions

I divorced abroad. Am I still married in Turkey?

Yes. Unless the foreign divorce decree is registered through a civil registry directorate or consulate, or recognised by a Turkish court, the person continues to appear as married in the Turkish population records.

Do I need to travel to Turkey to have a foreign divorce recognised?

An application for administrative registration may be made at a Turkish consulate abroad. A recognition action may be conducted through a lawyer holding a power of attorney, so as a rule the parties do not need to travel to Turkey to attend hearings.

What can I do if my former spouse does not join the application?

Since administrative registration generally requires a joint application by the spouses, a recognition action is filed before the family court where the other spouse does not take part. A recognition action may be filed by one party alone.

How long does a recognition action take?

The duration depends on whether the documents are complete, the workload of the court and, in particular, service on the other party. Where the other party lives abroad, the service process may prolong the proceedings.

Is there a time limit for recognition?

The law does not provide a time limit for a recognition request; recognition may be sought at any time. However, applying without delay is advisable because of the problems that may arise regarding remarriage, inheritance and parentage.

Is the custody order recognised automatically?

No. Civil registry entry only records the divorce. For custody, maintenance and contact provisions to be applied in Turkey, an enforcement action must be filed.

Conclusion

For a divorce decree obtained abroad to take effect in Turkey, the decision must either be registered through a civil registry directorate or consulate, or be recognised by a family court. Administrative registration offers a faster route where the spouses can apply jointly; where a joint application is not possible, a recognition action is filed. Enforcement must be sought separately for provisions such as custody and maintenance.

Yetkiner Law Firm provides legal support in İzmir in English, French and Turkish in the recognition and enforcement of foreign divorce decrees, civil registry procedures and cross-border family law matters. The firm can be reached through the channels on the contact page.

For spouses who wish to divorce in Turkey by mutual agreement, see our guide on uncontested divorce in Turkey.

Att. Uygar Yetkiner

A lawyer registered with the İzmir Bar Association. He works on family, inheritance, real estate, employment, criminal and commercial law, and provides legal support to clients in Turkish, English and French.

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The information on this page has been prepared for general informational purposes and does not constitute legal advice. It is recommended to obtain legal support from a lawyer in specific cases.