What is International Divorce?
Definition and General Concepts
International divorce is the process of ending a marriage between citizens of different countries. This does not only apply to marriages of individuals of two different nationalities; it also applies when a person files for divorce in another country or when a decision needs to be recognized in a foreign country. In today's globalized world, it is quite common for individuals of different nationalities to marry, and when these unions end, international law comes into play.
Differences Between Local and International Law
While divorce cases in Türkiye are conducted within the framework of the Turkish Civil Code, the situation becomes more complicated in international marriages. In such cases, it is necessary to take into consideration many factors such as the law to be applied, which court will have jurisdiction and whether foreign court decisions are valid in Türkiye. Private international law comes into play at this point and produces solutions according to criteria such as the nationality of the parties, place of residence and the place of marriage.
International Marriages in Türkiye
Foreigners Getting Married in Türkiye
In Türkiye, a foreigner can marry a Turkish citizen or another foreigner before the Turkish authorities. This marriage takes place with notarized documents and marriage license documents obtained from consulates. Since marriages are recorded according to Turkish law, Turkish law can also be taken as a basis in the divorce processes of these people.
Marriages Between Turkish Citizens and Foreign Spouses
In such marriages, since one of the parties is Turkish, divorce cases are mostly heard in Turkish courts. However, if the foreign spouse resides abroad, this may lead to some difficulties both legally and procedurally. At this point, recognition and enforcement processes become important.
International Divorce Process in Türkiye
Which Court Has Jurisdiction?
In Türkiye, the competent court for divorce cases is the Family Court. However, in international cases, the competent court may be determined based on the defendant's place of residence in Türkiye, the spouses' last joint residence, or the court determined by agreement of the parties.
Required Documents and Procedures
The following documents are typically required during the international divorce process:
- Marriage certificate (with apostilled or notarized translation)
- Photocopies of ID and passport
- Petition for divorce
- If there is a recognition/enforcement decision, the relevant court decision and its translation.
The support of a professional lawyer throughout the procedure is of great importance for the correct preparation of documents and their submission on time.
Recognition and Enforcement Cases
What is Recognition and Enforcement?
Recognition is when a divorce decision made by a foreign court is deemed valid in Türkiye. Enforcement is when this decision becomes enforceable in Türkiye. For example, a Turkish citizen who has divorced in Germany must first have this divorce decision recognized in order to remarry in Türkiye.
Validity of Foreign Court Decisions in Türkiye
Necessary conditions for recognition and enforcement transactions:
- The decision must be final
- It should not be contrary to public order in Türkiye.
- The parties must be given the right to defend themselves in the country where the decision was made.
These proceedings are carried out in the Civil Courts of First Instance and the parties can apply to the court in person or carry out the process through a lawyer.
Jurisdiction and Applicable Law in International Divorces
Which Country's Law Applies?
The issue of which country's law will be applied in international divorces is quite sensitive. In such cases, Turkey resorts to the provisions of the Law on International Private and Procedural Law (MÖHUK). According to MÖHUK, if the parties have not determined which country's law will be applied during their marriage, the decision is made according to the spouses' common citizenship; if this is not the case, the place of common residence; if this is not the case, the most closely related country.
Private International Law Rules
Within the framework of MÖHUK:
- In cases regarding the dissolution of marriage, Turkish courts apply Turkish law in terms of procedure and the law of the country in terms of substance.
- Different legal regulations may apply to issues such as property division and alimony.
Property Regime and Asset Sharing
Types of Property Regimes in Türkiye
In Türkiye, the legal property regime for couples married after 2002 is the "regime of participation in acquired property". However, the parties may choose another regime (separation of property, separation of shared property, etc.) through a notary before or during the marriage.
International Property Regime Disputes
In international marriages, the fact that spouses are subject to different legal systems can lead to disagreements during property division. For example, if a couple who got married in Germany divorces in Türkiye, it must be determined which country's law will apply. This often necessitates the involvement of expert lawyers.
Custody and Children's Rights
Custody Rules in Türkiye
In the event of divorce, child custody is determined by considering the best interests of the child. In Türkiye, the judge makes the decision after interviews with the parents and the child. Although joint custody is applied to a limited extent in Türkiye, it is common in European countries.
International Child Abduction Cases
If a party takes a child to another country without permission, it is considered an international child abduction crime. Since Turkey is a party to the 1980 Hague Child Abduction Convention , a rapid return process can be initiated in such cases.
Alimony and Financial Obligations
Alimony Rules in Türkiye
During the divorce process;
- Alimony for poverty,
- Child support (for children),
- Various types of alimony, such as temporary alimony, are brought to the agenda.
The amount of alimony is determined according to the spouses' income, living standards and the needs of the children.
Collection of Alimony from Foreign Spouse
In order to avoid problems with international alimony receivables, recognition and enforcement procedures are necessary. In addition, there are mutual assistance mechanisms within the framework of the Hague Alimony Convention, to which Turkey is a party.
Recognition of Divorce Decision in Türkiye
Necessary Conditions
In order for a foreign court decision to be recognized in Türkiye:
- The decision must be final,
- The parties must be given the right to defend themselves,
- It should not be contrary to public order in Türkiye.
Application Process and Timeline
The recognition case is filed in the Civil Court of First Instance. Documents are usually processed within 3-6 months. It is important to work with a lawyer to speed up the process.
The Role of Consulates
Approval and Translation of Documents
Consulates assist with the legalization, translation and notarial procedures of marriage and divorce documents. In some countries, an apostille approval is required.
Services Available from Consulates
- Marriage license document
- Support for visa and residence procedures
- Registration of divorce documents
Mediation in International Family Law
Advantages of Mediation
Mediation helps parties reach quicker and more peaceful solutions with mutual consent. This method avoids contentious court proceedings, especially if children are involved.
Mediation Practices in Türkiye and Abroad
In Türkiye, mediation has been an official process since 2013. In Europe, it has been practiced for a long time, especially in the field of family law. If the parties live in different countries, online mediation solutions are also possible.
Hiring a Lawyer for International Divorce in Türkiye
Selecting an Expert Lawyer
International divorce cases require technical knowledge and experience. Therefore, a lawyer who is specialized in recognition-enforcement, property regime and children's rights should be preferred.
Attorney Fees and Process Management
Fees vary depending on the type of case, but are not in a fixed range. However, for recognition cases, it may be necessary to allocate an average budget of 20,000 – 50,000 TL. Time and cost savings can be achieved by carrying out the processes in a planned manner.
Common Problems Encountered
Deficiency in Documents
One of the most common problems encountered in the international divorce process is missing documents. Failure to translate foreign court decisions, lack of apostille approval or applying without a finalization certificate may result in the rejection of the transaction.
Dual Citizenship and Identity Disputes
A person having both Turkish and foreign citizenship may cause confusion in terms of the jurisdiction of the courts and the law to be applied. In this case, attention should be paid to the citizenship of the individual. In addition, differences in names on IDs may cause document incompatibilities.
The Impact of International Agreements
Hague Conventions
Turkey has become a party to various international conventions on family law issues such as marriage and divorce. The Hague Conventions , in particular, are of great importance in the areas of child abduction, alimony collection and recognition of divorce decisions.
The Role of the European Convention on Human Rights
Article 8 of the ECHR guarantees the principle of respect for private and family life. In international divorce cases, the parties' right to a fair trial is assessed within this scope. Unfair processes can be brought before the European Court of Human Rights.
Digitalization and E-Government Applications
Online Divorce Tracking
Court proceedings in Turkey can be followed via UYAP (National Judiciary Network Project) . Parties and their lawyers can view hearing dates, court decisions and documents online. This provides great convenience in international cases.
Preparation of Documents in Digital Environment
Many official documents can now be prepared digitally and used with e-signatures. In this way, the necessity of coming to Türkiye to obtain documents has been eliminated.
Frequently Asked Questions
1. I got divorced abroad, can I get married again in Türkiye?
If you do not recognize your divorce decision abroad in Turkey, your civil registry records will show you as married. Therefore, you must first file a recognition lawsuit .
2. I got divorced in Türkiye but my spouse lives abroad, can I receive alimony?
Yes. After the decision is recognized and enforced, alimony enforcement is possible in a foreign country. Turkey is a party to the relevant international agreements.
3. Do I have to come to Türkiye for the recognition case?
No. You can carry out the transactions through your lawyer with a notarized power of attorney.
4. What happens if my foreign spouse does not appear in court in Türkiye?
In unilateral divorce cases, notification is a must. If proper notification is not made to the foreign spouse, the case may remain incomplete.
5. How is child custody determined after divorce?
The court takes into account the child's best interests. If the parties live in different countries, international agreements come into play.
6. My spouse and I live in different countries. Where should I file for divorce?
The competent court is determined by factors such as place of residence, citizenship and the country where the marriage took place. It would be appropriate to consult a specialist lawyer.
How Should the International Divorce Process Be Managed in Türkiye?
Strategic Recommendations
Although the international divorce process may seem complicated, it can be made easier with the right steps:
- Complete and accurate preparation of documents
- Working with an expert lawyer
- Taking international agreements into account
- Timely execution of recognition and enforcement procedures
Long Term Effects
Issues such as property division, custody and citizenship status after divorce can have effects that can last for years. Therefore, the process should be managed by considering not only its short-term but also its long-term effects.