Although marriage is exciting for the partners, divorce is always psychologically very challenging. Generally, no one thinks about divorce when getting married but divorce is also a normal part of life like marriage.
In this blog, we will explain how foreigners can get divorce in Türkiye.
Legal Basis
In the resolution of a legal dispute involving a foreign element in Türkiye, the main source is the International Private and Procedural Law No. 5718 .
Article 14 of this law regulates the choice of foreign law about divorces involving a foreign element. The translation of the relevant article is provided below.
Divorce and Seperation
Article 14- The grounds and provisions of divorce and separation are subject to the spouse’ common national law. If the parties have different nationalities, they are subject to the law of their habitual residence; if there is no habitual residence law, then they are subject to Turkish law.
The same applies to the alimony claims between divorced spouses and in the nullity of separation or marriage.
Custody and custody-related matters in divorce are also subject to the first paragraph.
Interim measures are subject to Turkish law.
For example: If a Russian citizen who is married to a Turkish citizen want to divorce in Türkiye, he/she will apply to Turkish courts. The court will first determine whether they have a common habitual residence because they dont have common nationalities. If they have a common habitual residence, the divorce will be subject to this law. If they don’t have one, Turkish law will be the applicable law for the divorce.
Competent Court
Article 40 of this law regulates that which court is the compenet court. In accordance with Article 40, the international jurisdiction of Turkish courts is governed by the rules on territorial jurisdiction laid down in domestic law. Pursuant to this article In divorce cases involving a foreign element, jurisdiction must be determined by reference to Article 168 of the Turkish Civil Code.
Madde 168- Boşanma veya ayrılık davalarında yetkili mahkeme, eşlerden birinin
yerleşim yeri veya davadan önce son defa altı aydan beri birlikte oturdukları yer mahkemesidir.
The Translation
In cases of divorce or separation, the competent court is the court of the residence of either spouse, or the court of the place where the spouses lived during the six months preceding the filing of the case.
We were divorced by the courts of a foreign country. Is this divorce also valid under Turkish law?
For judgments rendered by foreign courts to be effective in Türkiye, their recognition and enforcement are required. So a case for recognition and enforcement must be filed. The legal basis for recognition and enforcement is set forth in Articles 31 and 50 of the Code on International Private and Procedural Law.
You can contact us for detailed information and legal consultancy services.
(This blog post is provided for general informational purposes only.)
