Divorce is a complex legal process, and when one or both spouses are foreigners, additional legal considerations arise. This article provides essential information for foreigners undergoing divorce in Turkiye, covering procedural requirements, rights, differences compared to Turkish citizens, and custody matters involving children of mixed-nationality marriages.
1. Legal Basis for Divorce for Foreigners in Turkiye
In Turkiye, foreign nationals can seek divorce through the Turkish Family Court system. Under the Turkish International Private and Procedural Law (Law No. 5718), foreign parties in Turkiye can pursue divorce according to Turkish Family Law if one of the spouses resides in Turkiye or if Turkiye was the last place of shared residence (For details, please check question & answer section below).
The primary Turkish law governing divorce is the Turkish Civil Code, which offers various grounds for divorce, including irretrievable breakdown, mental illness, adultery, abandonment, and abuse. For what reasons you can get a divorce in Turkiye? Please check our article: Grounds for Divorce in Turkiye.
And for details on specific grounds on divorce, please check specific articles on our website’s Family & Divorcement category.
When foreign nationals initiate a divorce, Turkish courts will apply these grounds regardless of the parties’ citizenship.
2. Types of Divorce: Contested and Uncontested
Uncontested Divorce: Both parties agree to divorce terms, including property division, child custody, and alimony. This type of divorce is generally quicker and less complicated.
Contested Divorce: If spouses cannot agree on divorce terms, a contested divorce proceeding allows each party to present evidence and arguments for a court decision. The process can be lengthier, especially if one spouse resides abroad, requiring additional measures like international notifications.
3. Procedure and Jurisdiction
To file for divorce, at least one spouse must have resided in Turkiye for a minimum of six months, granting Turkish courts jurisdiction over the case.
Foreign nationals can submit divorce petitions to the Family Court in the district where they or their spouse reside.
For more details on divorce process in Turkiye, please check our article: Divorce In Turkiye: Process, Tips And Consequences
4. Differences Between Foreigners and Turkish Citizens in Divorce
While the divorce process for foreigners mirrors that for Turkish citizens in many respects, there are some notable distinctions:
Translation and Certification: All foreign-language documents, such as marriage certificates or prenuptial agreements, must be translated into Turkish and certified.
International Notifications: If a spouse is not present in Turkiye, legal notices must be served internationally according to the Hague Convention on Service Abroad, which can prolong the process.
Applicable Law: Turkish courts may consider the couple’s national law if both parties share the same nationality. However, if national laws differ, Turkish law generally prevails, especially in matters of child custody and property division.
5. Foreigners’ Rights During Divorce
Foreigners enjoy the same fundamental rights as Turkish citizens during divorce proceedings. These rights include:
Right to Legal Representation: Foreigners have the right to an attorney, including one with expertise in international family law matters.
Equal Treatment: Turkish courts apply the law equally, ensuring foreign nationals do not face discrimination based on nationality.
Right to Appeal: Foreign nationals, like citizens, may appeal a court’s divorce decision to a higher court if they disagree with the outcome.
6. Custody and the Legal Status of Mutual Children
When a marriage involves mutual children of mixed nationality, custody matters can become more complex. Here’s an outline of essential points regarding child custody:
Best Interests of the Child: Turkish courts prioritize the child’s best interests in custody cases, focusing on stability, safety, and the child’s well-being.
Custody Rights for Foreigners: Foreign parents are equally eligible for custody, provided they meet the criteria for a stable and nurturing environment.
Relocation and Custody Disputes: If a foreign parent intends to relocate the child outside of Turkiye, the court may impose restrictions, especially if such a move could disrupt the child’s stability or relationship with the Turkish-resident parent.
Dual Citizenship and Child Status: Children of foreign and Turkish parents can obtain dual citizenship, which may impact custody arrangements or international travel permissions. Parents should also consider each country’s family law to understand any potential conflicts regarding custody.
For more details on child custody in Turkiye, please check our article: Child Custody and the Status of Children During Divorce Proceedings.
7. Visitation Rights and International Travel
Turkish courts seek to preserve a child’s relationship with both parents, including visitation for the non-custodial parent. Foreign spouses should be aware of these specific considerations:
Right to Visitation: Foreign parents granted visitation have the right to scheduled visits and may request supervised visits if necessary.
Travel Restrictions: When one parent resides outside Turkiye, Turkish courts might implement travel restrictions to prevent potential international abduction risks. Custodial parents must often seek court permission to travel abroad with the child.
8. Division of Matrimonial Property
In Turkiye, the division of marital property follows the “division of acquired property” principle, meaning all assets acquired during marriage are subject to equal division, regardless of nationality. Foreign spouses should be aware of the following:
Prenuptial and Postnuptial Agreements: Turkish courts will honor prenuptial or postnuptial agreements if they comply with Turkish law.
Consideration of Foreign Marital Property Laws: While Turkish law applies to property division, foreign spouses may present evidence of agreements or laws from their home country that may influence property division decisions.
For more details on division of matrimonial property in Turkiye, please check our article: Division of Matrimonial Property: Method of Division and Spouses’ Rights in Turkiye.
9. Alimony and Financial Support
Alimony laws in Turkiye are gender-neutral, focusing on the economic needs and earning potential of each spouse. Foreigners have the same rights to request alimony.
The amount and duration of alimony are not fixed but are determined on a case-by-case basis.
Several key factors influence how alimony is calculated in Turkiye, including:
Financial Situation of Both Spouses: Courts assess the financial standing of both parties. If the spouse requesting alimony has a steady income or sufficient assets to support themselves, the amount of alimony may be reduced. Conversely, if the paying spouse has a high income and significant wealth, the alimony award could be more substantial.
Age and Health of the Dependent Spouse: If the dependent spouse is older or has health issues that prevent them from re-entering the workforce, courts are more likely to award long-term or higher alimony payments to ensure they can maintain their standard of living.
Standard of Living During the Marriage: Courts consider the standard of living the couple enjoyed during the marriage. Alimony is meant to help the dependent spouse maintain a similar lifestyle to what they had during the marriage, although this may not always be possible depending on the financial situation of both parties.
For more details on the alimony, please check this article: Alimony in Turkiye: How Spousal Support and Child Support is Calculated and Determined.
10. International Enforcement of Divorce Judgments
Once a divorce is granted in Turkiye, it must be recognized by the foreign spouse’s home country to ensure international validity. Turkiye is a signatory to the Hague Convention, which facilitates the recognition of international judgments. To ensure enforceability:
Certified Copies and Apostilles: Certified divorce judgments with an apostille are necessary for recognition abroad.
Filing for Recognition: Some countries require that a Turkish court judgment be registered or recognized in their legal system, which may involve additional administrative procedures.
11. Questions and Answers on Foreigners’ Divorce in Turkiye
Can Turkish Citizens Living Abroad File for Divorce in Turkiye?
Turkish citizens do not have to reside in Turkiye in order to file for divorce in Turkiye. Turkish citizens living abroad can file for divorce in Turkiye.
The competent court for the divorce case to be filed by Turkish citizens living abroad;
If one of the spouses has a place of residence in Turkiye, one of the courts of that place,
If the spouses do not reside in Turkiye, the last place of residence of the claimant spouse in Turkiye
Ankara, Istanbul or Izmir courts if he/she has never had a residence in Turkiye.
Can Foreign Nationals Divorce in Turkiye?
If the other spouse is a Turkish citizen, the foreign spouse can also file for divorce in Turkiye. In this case, the competent court shall be the family courts where the plaintiff or defendant spouse resides. If the spouses do not reside in Turkiye, the competent court is determined as stated in our explanation above. In addition, the court where the spouses have been living together for the last six months before the lawsuit is also authorized.
Can Spouses, Both Foreigners, Divorce in Turkiye?
If both spouses are foreigners, it is still possible to file for divorce in Turkiye. There is no provision in the law that prevents foreigners from filing for divorce in Turkiye. The applicable law in divorce cases of foreigners is determined as follows:
– The common national law of spouses,
– If the spouses have different nationalities, the law of the place where they live together,
– If they do not live together, Turkish law applies in cases filed in Turkiye.
Can a Divorce Decision from Another Country be Enforced in Turkiye?
In order for the court decisions rendered abroad to be recognized in Turkiye, a recognition and enforcement decision to be issued by the Turkish courts is required. Until 2018, it was necessary to file a recognition and enforcement case for the recognition of a divorce abroad in Turkiye. However, legal amendments were made in 2018 and an important convenience was provided in this regard. In this framework, the divorce decisions issued by the judicial or administrative authorities of foreign countries can be registered in the civil registry by the civil registry offices, provided that they meet the conditions specified in the law and the regulation. Therefore, the method of recognizing a divorce abroad in Turkiye will now be through the civil registry offices.
For details of this topic, please check specific articles on our website’s Family & Divorcement category.
Can a Divorce Abroad be Registered without Coming to Turkiye?
Yes, the divorce decree obtained abroad can be registered in Turkiye without coming to Turkiye. This registration process can be done through consulates. Or by authorizing a lawyer from Turkiye, the procedures at the registry office can be completed through the lawyer.
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