If a divorce decision has been obtained from a UK court, the decision does not automatically affect the marriage registration in Turkey. In other words, if a couple has their marriage registered in Turkey and were divorced by a non-Turkish court, they need to take legal action to register their divorce in Turkey, otherwise their marriage will remain valid in Turkey. This can lead to many issues.
In this post, we will answer the most frequently asked questions by foreign individuals about how to recognize a divorce decree in Turkey
1. How can the divorce decree be recognized in Turkey?
There are two options to register a foreign divorce decree in Turkey:
File a recognition case for the divorce decree in a court in Turkey
Make an application to the Turkish consulate for the recognition of the divorce decree
2. What are the requirements for filing a divorce decree recognition case in Turkey?
The requirements for the enforcement procedure for a decision by a foreign court, are set down in the International Private Law and Procedure Law of Turkey, article 54:(1) The competent court shall render enforcement subject to the following conditions:
a) Existence of an agreement, on a reciprocal basis between the Republic of Turkey and the state where the court decision is given or a de facto practice or a provision of law enabling the authorization of the execution of final decisions given by a Turkish court in that state,
b) The judgment must have been given on matters not falling within the exclusive jurisdiction of the Turkish courts or, in condition of being contested by the defendant, the judgment must not have been given by a state court which has accepted himself competent even if there is not a real relation between the court and the subject or the parties of the lawsuit,
c) The court decree shall not openly be contrary to a public order,
d) The person against whom enforcement is requested was not duly summoned pursuant to the laws of that foreign state or to the court that has given the judgment, or was not represented before that court, or the court decree was not pronounced in his/her absence or by a default judgment in a manner contrary to these laws, and the person has not objected to the exequatur based on the foregoing grounds before the Turkish court,If the foreign divorce decree meets the requirements which are listed above, the recognition case can be filed in Turkey.
3. Will the Turkish court make a new divorce decision?
The Turkish court will not evaluate the conditions of the divorce or make a new decision. The content of the foreign decree will remain the same and the Turkish court will only decide on whether the foreign divorce decree meets the above requirements for recognizing foreign court decrees.
4. Do the parties have to be present in the court hearing in Turkey?
The parties do not have to be present in the hearing. They can appoint a Turkish qualified lawyer, like UT Legal, in order to represent them in the Turkish court. This can be done without going to Turkey. You can grant us a Power of Attorney from the UK, and we can then complete the legal process on behalf of you and register the divorce in Turkey.
5. How long does it take to register the divorce decision in Turkey?
Cases often take considerable time to conclude in the Turkish Courts and it is not possible to accurately estimate the time needed for their conclusion. However, once the case has been filed and if the court is not extremely busy, the absolute decision can usually be expected in 4-6 months.
6. Is there another way to register in Turkey a non-Turkish divorce decree?
Yes, an alternative option is to register a divorce decree is by making an application in the Turkish consulate.Applications must be made by both parties, either in person or through their legal representatives, either individually or acting together. If they choose to make their applications individually, at a different time, they must be aware that the period between the applications of the two parties cannot exceed ninety days.
If you have any questions about the divorce process in Turkey, please do not hesitate to contact us. UT Legal, through its offices in London and Istanbul, can handle all the procedures for you.