What is Recognition and Enforcement?
In order for a divorce decision made in a foreign country to become valid in Türkiye, the court decision must be recognized. This process is called “recognition.” If the divorce decision includes enforceable provisions such as custody, property division or alimony, and if these decisions are to be enforced in Türkiye, an “enforcement” case must be filed. Both processes allow the legal system in Türkiye to accept and enforce foreign decisions.
Validity of Foreign Divorce Decision in Türkiye
Even if you divorce abroad, this decision is not directly valid in Türkiye. Unless recognition is made, the person may still appear married in the Turkish population records. This can cause serious legal problems, especially in matters such as new marriages, inheritance, social rights or child custody. It is not possible to remarry in Türkiye without recognition.
Conditions for Filing a Recognition Suit
In order to file a recognition case , the divorce decision must be final and given in accordance with the laws of the relevant country. It is sufficient for at least one of the parties to be a Turkish citizen or resident in Turkey to file a recognition case. The competent court in recognition and enforcement cases is the Family Court, and the competent court is the court of the defendant's place of residence. In Antalya, these cases are usually handled by the Antalya Family Courts.
Required Documents and Legal Process
The documents required for the recognition case are as follows:
- The original or certified copy of the final divorce decision issued by a foreign court.
- The decision must be apostilled (for countries party to the Hague Convention)
- Sworn translation and notarization of the decision
- Identity document and population registration copy
- Document showing the consent of the parties or a power of attorney of one of the parties
Once the documents are prepared, a recognition case is filed. Working through a lawyer both speeds up the process and eliminates the risk of the case being rejected due to missing documents.
Difference Between Contested and Mutual Divorce Decisions
Divorce decisions made by foreign courts can be consensual or contested. Both types of decisions can be recognized. However, in contested divorces, it is important that the decision is fair and notified to the parties. Documents showing that the defendant's right to defense is provided are of great importance. In consensual divorces, the parties' joint application or written consent is required.
Party Participation Required for Recognition
If both parties apply together, a recognition decision can be made without filing a lawsuit. However, if only one party applies, the other party must be notified. If the other party does not consent or their address is unknown, the litigation process may be prolonged. In this case, professional legal assistance is critical for the follow-up of the case and for the regular notifications to be made.
Mutual Recognition (Reciprocity) Clause
Turkish courts pay attention to the principle of "reciprocity" in recognizing foreign divorce decisions. This is assessed by looking at whether Türkiye also recognizes court decisions from the same country. While decisions from many countries such as European countries, the USA, and Canada are recognized in Türkiye, decisions from some countries may fall foul of the principle of reciprocity.
Population Directorate and Updating Identity Information
With the recognition of divorce, the Republic of Turkey Population Directorates update the marital status information of the person concerned as “divorced”. This update is necessary for the person to be able to remarry, for child custody and inheritance procedures. After the court decision becomes final, the relevant documents are submitted to the Population Directorate.
Status of Child Custody and Property Division Decisions
If the divorce decision only states that the marriage has ended, recognition is sufficient. However, if the decision includes material and enforceable elements such as property sharing, child custody, alimony, an enforcement case must also be filed. Because these provisions can only be enforced by Turkish courts. In Antalya, these procedures are followed by the Civil Court of First Instance and Enforcement Offices.
Is it possible to get married without recognition in Türkiye?
No. In order to be legally divorced and to have a new marriage in Turkey, it is necessary for the foreign divorce decision to be recognized. Otherwise, the marriage application will be rejected. Any marriage attempt made without recognition is invalid because it is against the Civil Code .
Recognition and Enforcement Cases in Antalya
Antalya is a city where foreign nationals live intensively and marriages are frequent, so recognition and enforcement cases are also seen intensively. Antalya Family Courts are experienced in this regard. However, each court practice may differ; it is of great importance that the documents are prepared completely and in accordance with the law.
Legal Support During the Recognition Process with Billur Güler Aslım
Lawyer and Mediator Billur Güler Aslım, who provides services in Antalya, provides expert support to her clients in the recognition of foreign divorce decisions in Türkiye and, if necessary, in the execution of enforcement procedures. She meticulously follows the process from the provision of documents to translation and notary procedures, representation in court and post-decision population procedures. With professional support throughout the process, there is no loss of rights and the procedures are concluded quickly.
Frequently Asked Questions
How to update marital status in the population?
→ Once the recognition decision is finalized, an application is made to the Population Directorate and an update is provided.
Is every foreign court decision recognized in Türkiye?
→ No. It must meet the conditions of reciprocity and fair trial, and the decision must be final.
What is the use of apostille?
→ Ensures the international validity and officiality of the document. It is mandatory in recognition cases.
How long does recognition take?
→ It can be concluded within 1-4 months, depending on the consent of the parties.
Do I need to apply with a lawyer?
→ Not mandatory but highly recommended due to the risk of case rejection or extension.
Can I get married in Türkiye after getting divorced abroad?
→ It is not possible to get married without recognition.