What is Recognition and Enforcement? Basic Concepts

Recognition is the mere recognition of the existence of a judgment given by a foreign court in Turkey. In other words, that judgment is treated as a valid court decision in the Turkish legal system. Enforcement is the enforcement of this recognized judgment. Enforcement is a must especially in practical matters such as alimony, custody, enforcement proceedings or property division.

With recognition, a divorce decision is recognized in Türkiye, while with enforcement, the results of that divorce become applicable. In other words, if a person is divorced in Germany, a recognition decision is required to remarry in Türkiye. If there is an application such as alimony or custody along with the divorce decision, an enforcement decision must also be obtained.

Which Decisions Are Subject to Recognition and Enforcement?

Many issues such as divorce decisions , alimony and child support , custody decisions , property sharing provisions , removal of custody , paternity determination , enforcement decisions , etc. given by foreign courts may be subject to recognition and enforcement cases. Commercial compensation decisions or debt judgment decisions given by foreign courts may also be subject to enforcement in Turkish courts.

In Antalya, requests for recognition and enforcement of decisions coming from Germany, the Netherlands, France, Belgium, Austria and the UK are quite common. Turkish citizens living in these countries must apply to these cases when they want to make a valid divorce or alimony arrangement in Türkiye.

Reasons for Filing Such Cases in Antalya

The biggest reason is that people who are divorced abroad are still seen as married in Türkiye. In this case, the person cannot remarry, the right to inherit arises or a certificate of inheritance cannot be issued. As long as the population records are not updated, the person is considered married in Türkiye even if they are actually divorced.

In addition, recognition is not enough for alimony or property regime provisions to be enforced in Türkiye; an enforcement decision must also be obtained. Divorce files involving foreign spouses are frequently seen in Antalya, and civil registry offices, notaries or banks do not act without recognition-enforcement decisions.

Preparation Process Before Filing a Recognition and Enforcement Suit

The first step in such cases is to collect the correct documents completely. The foreign court decision must be final and an apostille must be obtained. Then, a sworn translation of the decision must be made and notarized.

Working with a lawyer in Antalya after the documents are prepared ensures that the process is carried out correctly. Submitting incorrect or incomplete documents may result in the case being rejected. For this reason, every stage should be carried out carefully. It is very important that decisions in different languages are translated correctly and that the finalization note is clearly stated.

Documents Required for Recognition and Enforcement

  • Original or certified copy of foreign court decision

  • Document proving that the decision is final

  • Apostille (must be obtained from the competent authority of the country where the decision was made)

  • Sworn translation and notary approval

  • Identity information and full addresses of the parties

  • The result for which recognition or enforcement is sought in Türkiye (e.g. divorce registration, alimony enforcement)

The slightest deficiency in the documents may cause the court to reject the case. The courts in Antalya meticulously examine the apostille and finalization documents in this regard.

The Process of Filing a Recognition and Enforcement Suit in Antalya

These cases are usually heard by the Antalya Family Court . The competent court is determined according to the residence of one of the parties in Turkey. If the person filing the lawsuit lives in Turkey, the court of the place where he/she is located is competent, if not, the courts of Ankara, Istanbul or Izmir are competent. Those residing in Antalya can apply directly to the Antalya Courthouse.

The costs of filing a lawsuit, including petition, fees, translation and notary procedures, range from 3,000 to 5,000 TL on average. If both parties participate in the case and no objections are made, the average period is between 2 and 4 months . However, if one of the parties lives abroad and the notification is delayed, the process may be extended.

What Does Recognition of a Decision Provide in Türkiye?

With the recognition decision, the divorce is recorded in the population records in Turkey. The person can remarry, their official documents such as passport and ID can be updated. Property sharing transactions can be carried out and inheritance transactions can be completed correctly.

When an enforcement decision is made, alimony or custody provisions are included in the Turkish enforcement system. For example, enforcement proceedings can be initiated in Türkiye against an ex-spouse who does not pay alimony. If there is a decision to establish personal contact with the child, the family courts in Türkiye are responsible for implementing this decision.

Most Common Mistakes Before Filing a Recognition and Enforcement Suit

The most common reason for rejection of a recognition-enforcement case is the submission of incomplete or incorrect documents. If the decision is not final, that is, if an application is made before the end of the appeal process, the case will also be rendered void. In addition, if one of the parties is not informed, that is, if the notification is not made, the court may reject the case on procedural grounds.

Another common mistake is that the translations are not made by authorized sworn translators and the notary approval is missing. Many cases in Antalya have resulted in loss of time due to such errors.

Is It Risky to File a Recognition and Enforcement Suit Without a Lawyer?

Although these cases may seem simple at first glance, they involve serious procedural details. In cases such as incorrect petitions, missing documents, or improper applications, the case may last for months or may be cancelled. In particular, failure to properly perform international notification procedures may completely block the court process.

Carrying out this process with an experienced lawyer in Antalya both shortens the time and increases the chance of success. In addition, if the court is given false information or incorrect documents, it is possible for the other party to file a compensation lawsuit.

Problems Encountered in the Implementation of Foreign Court Decisions in Antalya

Mistakes made during the translation of the language used in foreign court decisions may cause the content of the decision to be interpreted differently. In addition, some decisions may be found to be contrary to public order in Türkiye. For example, decisions recognizing polygamy and provisions violating children's rights are not considered valid in Türkiye.

Another problem is presenting documents without consulate or notary approval. Courts in Antalya attach great importance to translation and notary processes.

Notification of Recognition and Enforcement Decision to Land Registry, Population and Other Institutions

After the recognition decision is made, this decision must be reported to the population directorate . In this way, the marriage is terminated and the population record is updated. If it is reported to the land registry offices, partnerships can be terminated and property can be shared. Similarly, this decision must be submitted to banks and inheritance transactions.

If the decision needs to be notified abroad, the necessary information can be provided through consulates or lawyers abroad.

The Role of the Lawyer in Recognition and Enforcement Applications in Antalya

The lawyer ensures that all documents are prepared correctly, writes the petition in accordance with the procedure, follows the notification process and attends the hearings. He determines the case strategy correctly in order to get a result from the court in a short time. Experienced family law lawyers in Antalya accelerate this process and prevent the client from losing their rights.

Most Curious Topics

Getting divorced abroad and appearing married in Türkiye is a situation that many people face. It is not possible to remarry without a recognition case. A recognition-enforcement case can be filed without a lawyer, but it should be carried out very carefully. The enforcement case can take an average of 3-6 months. Decisions regarding children can be enforced provided that they comply with Turkish Family Law. Apostille is the approval given by the competent authority of the country where the decision was made; it is not recommended to file a case without it.

Recommendations for Conducting the Recognition and Enforcement Process Quickly and Smoothly in Antalya

Gather all the documents completely. If you skip the finalization note and apostille approval, the case will be rejected. Be sure to have the translations done by a sworn translator and get notary approval. If possible, plan the process with an experienced lawyer. In a city with a busy courthouse like Antalya, the right strategy saves time and resources.