Pehlivan & Güven Law FirmPublished:
Short answer
A divorce action can be brought in Türkiye even if both spouses are foreign nationals. The applicable law is determined under Art. 14 of the Law on International Private and Procedural Law No. 5718 (MÖHUK): first the spouses' common national law; if they have no common nationality, the law of the country where they live together; failing that, Turkish law. A divorce judgment obtained abroad must be recognised or enforced before it has effect in Türkiye.
Divorce is the legal procedure required to end a marriage. A marriage may be ended by the spouses through an uncontested (consensual) divorce or, where the spouses cannot agree, through a contested divorce.
It is beyond dispute that Turkish citizens can file for divorce in Türkiye. They do not even need to reside in Türkiye to do so. In other words, Turkish citizens living abroad can file a divorce case in Türkiye.
The competent court for a divorce case filed by Turkish citizens living abroad is set out in the Law on International Private and Procedural Law (MÖHUK). Under this provision:
Foreigners can file for divorce in Türkiye. In that case, the competent court is the family court of the place of residence of the claimant or the respondent spouse. Where the spouses have no residence in Türkiye, the competent court is determined as explained above. In addition, under the Code of Civil Procedure (HMK), the court of the place where the spouses lived together during the last six months before the case is also competent.
Even if both spouses are foreigners, it may still be possible to file for divorce in Türkiye. Article 14 of MÖHUK governs the law applicable to divorce. Accordingly, in divorce cases:
Divorce is the legal procedure required to end a marriage. A marriage may be ended by the spouses through an uncontested (consensual) divorce or, where the spouses cannot agree, through a contested divorce.
Divorce may result from causes such as communication problems between the parties, diminishing respect, cultural incompatibility, bad habits, disagreements over financial matters, or breach of the duty of fidelity that marriage imposes on the spouses. The law sets out the situations covering these causes as separate grounds, each in its own article.
Turkish citizens or citizens of other countries who divorced abroad must apply to the courts for recognition and enforcement of those judgments so that they are valid in Türkiye. By issuing a "recognition and enforcement" (tanıma ve tenfiz) decision on a foreign court judgment, Turkish courts allow judgments given abroad to be applied in Türkiye as well.
Before 2018, the only way to have a foreign court judgment applied in Türkiye was to file a case for its recognition and enforcement. However, under the "Regulation on the Registration of Decisions Given by Foreign Judicial or Administrative Authorities in the Civil Registry", published in the Official Gazette on 7 February 2018, a divorce decision given by a foreign court or administrative authority can now be entered in the family registers of the persons concerned without the need to file a recognition case before the courts in Türkiye.
However, for decisions containing enforceable provisions (alimony, custody, etc.), it will still be necessary to apply to the Turkish courts.
For the recognition to be registered, both parties must apply. The application may be made by the parties in person or through their legal representatives or attorneys. The two parties do not have to apply at the same time or in the same place; however, no more than 90 days may pass between the two applications.
Under Turkish law, where the spouses cannot agree on custody, the court decides. Taking into account the financial and personal circumstances of the spouses and the best interests of the child, the court grants custody of the child to one of the spouses. A foreign spouse may take a child in his or her custody abroad. In that case, however, he or she must comply with the other spouse's visitation days.
Under Turkish law, no decision is made on the spouses' property in the divorce case itself; a separate case must be filed for this. Matrimonial property is divided between the parties after the divorce through a property division case.
Under MÖHUK Art. 15, matrimonial property is subject to the common national law of the spouses. If the spouses have different nationalities, the law of their common habitual residence applies. Accordingly, the law of the country where the spouses live together will apply. If the spouses do not live together in one country, that is, if they have no common habitual residence, Turkish law applies.
As regards immovable property, the law of the country where the property is located applies. Accordingly, even if the spouses' national law is different, Turkish law governs the liquidation of immovable property located in Türkiye on divorce.
It is not possible to file a property division case in Türkiye for immovable property located abroad. For property located abroad, a divorce case must be filed in Türkiye and, after the divorce judgment is obtained, a property division case must be filed in the relevant country.
Whether or not it is provided for under the foreign law, in a divorce case heard in Türkiye, poverty alimony (yoksulluk nafakası) will be awarded if the conditions are met.
Mahr (mehir) is a right that a woman acquires through marriage. Mahr can be briefly defined as "any movable or immovable property or benefit of economic value, such as money or gold, that a Muslim man gives or promises to give to the woman in return for marriage".
There is no provision on "mahr" in our civil law. Nevertheless, if a mahr deed has been drawn up, that mahr deed is valid. The receivable under the mahr deed can be collected by filing a debt recovery case. For this, however, the mahr must have been promised in writing and, if immovable property was given as mahr, the formal requirements for immovable property must have been met.
In short, where immovable property or a right in rem over immovable property is given as mahr, it should not be forgotten that the official form requirement applies. Drawing up the mahr deed in writing or in official form, depending on the property claimed, is a condition for the validity of the contract. Otherwise, if you file a case without complying with this condition, it will be dismissed as procedurally improper.
Yes. The jurisdiction of Turkish courts follows the domestic rules on territorial jurisdiction (MÖHUK Art. 40); for example, if one of the spouses has a domicile in Türkiye, the action can be brought in Türkiye. Which country's law applies is determined under MÖHUK Art. 14.
Under MÖHUK Art. 14 the spouses' common national law applies first. If they have different nationalities, the law of the country where they live together applies; if they do not live together, Turkish law applies in an action brought in Türkiye.
Not automatically. For the judgment to have effect in Türkiye, a recognition or enforcement decision must be obtained from a Turkish court. Under the regulation that entered into force on 7 February 2018, divorce judgments given abroad can, under certain conditions, also be registered by applying to the civil registry office without going to court.
No. Matrimonial property is divided after the divorce in a separate action on the property regime. For foreign spouses, the law applicable to the property regime under MÖHUK Art. 15 is first their common national law and otherwise the law of their common habitual residence; for immovable property, the law of the country where it is located applies.
Mahr is not regulated in the Turkish Civil Code; however, a mahr deed drawn up in writing is recognised as valid and can be claimed by filing a debt action. If immovable property is given as mahr, the official form requirement for immovable property must have been met.
