The recognition and enforcement of court divorce judgments in Turkey
Turkish citizens living abroad can dissolve their marriages in the courts or administrative authorities of their home country. In this context, citizens previously had to file a lawsuit in Türkiye for the recognition of divorce decisions, annulment of marriage, or existing marriage decisions issued by foreign courts or administrative authorities to become valid in Turkey and to be registered in family civil registry records. This new regulation relieves them of this obligation.
Thanks to the "Regulation on the Registration of Decisions Issued by Foreign Judicial or Administrative Authorities in the Civil Registry," published in the Official Gazette on February 7, 2018, Turkish citizens living abroad will no longer have to file a lawsuit in Türkiye for recognition of divorce, annulment of marriage, or existing marriage decisions issued by foreign courts or administrative authorities. This means that divorce decisions issued by foreign courts or administrative authorities will now be easily and practically valid in Turkey and can be registered in family civil registry records. Of course, this is subject to certain conditions for implementation.
Applications must be submitted to foreign representatives in the country where the decision was made. If the party is in Turkey, they must submit them to the provincial directorate of one of the parties' residences. If they do not reside in Turkey, they must submit them to one of the provincial directorates in Adana, Ankara, Antalya, Bursa, Diyarbakır, Erzurum, Gaziantep, Istanbul, Izmir, Kayseri, Konya, Kahramanmaraş, Samsun, Siirt, Sivas, Trabzon, Şanlıurfa, or Van.
For recognition to be registered, both parties must submit an application. This application can be made in person by the parties or through their legal representatives or attorneys. While both parties are not required to apply at the same time or at the same location, the maximum interval between applications can be 90 days.
1- The required documents for the application are as follows:
a) Application Form,
b) The original of the duly approved decision requested to be registered in the family registry, along with its Turkish translation, certified by a notary public or foreign representative office, or Apostilled by the competent authority of the relevant country.
c) If there is no finality annotation on the judicial or administrative authority's decision, the original of the document or writing certified by a notary public or foreign representative office, or Apostilled by the competent authority of the relevant country, confirming that the decision has been finalized according to the laws of the country where it was issued, along with its Turkish translation, certified by a notary public or foreign representative office, or Apostilled by the competent authority of the relevant country.
ç) Photocopies of identity cards or passports. If one of the parties is foreign, notarized Turkish translations of the identity cards or passports.
d) For applications made through a representative, the original or a certified true copy of the special power of attorney with a photograph issued by a notary public.
e) Information on previously filed and pending cases in Turkish courts related to decisions issued by foreign judicial or administrative authorities, and, if applicable, information on previous decisions in Turkish. The original or photocopy of the court decision confirming that the decision has been finalized by the courts, or a document obtained from the judicial authorities confirming that there is no ongoing case in the Turkish courts or that recognition has previously been rejected by the Turkish courts, must be attached to the application form.
2- Principles and Procedures to be Followed in the Application Review
a) The decision for which recognition is sought in the Republic of Turkey must have been issued by a foreign judicial or administrative authority.
b) The decision must be final in procedure.
c) If the decision contains provisions subject to enforcement proceedings (custody, alimony, establishing personal contact with the child, property regimes, material/moral compensation, etc.), a lawsuit will need to be filed regarding these provisions. Commissions established by the civil registry offices cannot rule on the issues that constitute the content of the enforcement proceedings.
d) There must be no ongoing or ongoing recognition proceedings in Türkiye regarding the decision for which recognition is sought.
e) The decision issued by the foreign court must not be contrary to public order.
As a result, the regulation that went into effect has eliminated the litigation process that caused significant hardship and financial burden to our citizens. Thanks to this regulation, our citizens will be able to ensure that decisions regarding divorce, nullity, annulment, or the existence of a marriage issued by foreign judicial or administrative authorities are valid in our country and that registration procedures can be carried out in family civil registry records.
***
Attorney Dr. Anıl Coşkun, LL.M. (Mainz)
info@anil-coskun.com
www.anil-coskun.com
The copyright of all articles and content on our website belongs to Attorney Anıl Coşkun. All articles are electronically signed and time-stamped to verify ownership. Any copying or summarization of articles on our website and their publication on other websites without permission will result in legal and criminal proceedings.
Share Article