Recognition of Divorce – Recognition/Enforcement Case

Recognition of Divorce – Recognition/Enforcement Case

Procedures for the Recognition and Enforcement of Foreign Country Court Decisions and Divorce Decisions in Turkey

In order for divorce decisions given by the courts of a foreign country to be recognized by the Turkish authorities, some judicial or administrative procedures must be carried out. If Turkish citizens are divorced in a foreign court, the divorce decision will not automatically be valid in Turkey.

This situation may cause legal grievances for themselves and their heirs in case of death. In order for a foreign court decision to be valid in Turkey, a Recognition/Enforcement case must be filed.

Recognition; It means that the decision given by the foreign court has the effect of a valid divorce decision before the authorities in Turkey.

Enforcement is; This means that, in addition to the divorce decision, if the foreign court has decided on the accessories of the divorce such as custody, alimony and compensation, these decisions can be enforced in Turkey.

What are the Conditions of Recognition or Enforcement Case?

There must be a divorce decision issued by a foreign court.

The divorce decision must be final. In other words, according to the law of that country, there must be a final judgment after all judicial stages such as appeal to the regional court of justice and finally appeal to the higher court are completed.

The divorce decision must not be clearly contrary to Turkish public order.

There Must Be Reciprocity Between Türkiye and the Country Where the Decision Was Made

In accordance with the principle of reciprocity arising from international law, there should be a bilateral obligation between the foreign country and Türkiye regarding the recognition of divorce decisions.

Documents Required for Recognition and Enforcement Case

In recognition and enforcement cases filed to ensure that a divorce decision taken in a foreign country is valid in Turkey, the following documents are generally requested:

Original or Certified Copy of the Divorce Decision

Foreign Court Decision: The signed and sealed original copy or notarized copy of the court that issued the divorce decision.
Finalization Certificate: Official document showing that the decision has been finalized according to the law of the relevant country.

Apostille Commentary

It is an international agreement prepared to ensure that documents are easily accepted in foreign countries.
It is to confirm that the document was issued by the competent authorities of the country where it was issued and that it is original.
The apostille annotation is issued by the competent authorities determined by the country where the document is issued.

Turkish Translation

Notarized Translation: Divorce decision and other documents in a foreign language must be translated into Turkish by sworn translators and certified by a notary.