Divorce Lawyer in Türkiye
Foreign nationals can file for divorce in Turkey if the necessary legal conditions are met. Foreign nationals wishing to divorce in Turkey often wonder how this process works. For two foreign nationals of the same nationality to divorce in Turkey, Turkish courts must have jurisdiction according to international jurisdiction rules, and the applicable law to the divorce must be determined. In such cases, while the case can be filed in Turkish courts, the recognition and enforcement of foreign court decisions in Turkey may also be considered. In the case of a divorce between a Turkish citizen and a foreign national, the divorce case is heard in Turkish family courts, and the process is conducted according to Turkish law. As Karanfiloğlu Law Office, we provide legal support to our clients at every stage of the process in divorce cases involving foreign nationals.
Our Legal Counseling and Advocacy Services for Foreigners During Divorce Proceedings
- Determining the Competent Court and Applicable Law: We determine which country's law applies and initiate the legal process in the competent and authorized court.
- Managing Agreed and Contested Divorce Processes: We prepare agreed divorce agreements for foreign spouses; and in contested cases, we ensure the effective protection of your rights and interests.
- Legal Support on Alimony, Compensation, and Property Division: Within the framework of international conventions and applicable law, we aim to prevent loss of rights by managing processes related to material and moral compensation, alimony and child support, and the liquidation of property regimes.
- Custody and Relationship Arrangements: We provide legal support regarding custody in accordance with international law principles, prioritizing the best interests of the child.
- Recognition and Enforcement of Foreign Court Decisions: We initiate and follow up on recognition and enforcement proceedings in Turkey for divorce, child custody, and alimony decisions issued abroad, ensuring their legal validity in Turkey.
- Consultancy on Residence Permits, Citizenship, and Residency Rights: Our expert team in immigration law provides legal information on the effects of divorce on residence permits, work permits, and citizenship status. We assist foreigners who have divorced in Turkey in applying for the correct residence permit.
- Official Procedures and Document Preparation: We support you throughout the document preparation process.
What are the steps involved in a divorce for foreigners in Türkiye?
1) Submitting the Divorce Application and Petition to the Competent Court
2) Initiating the Court Process for Divorce
3) Notifying the Court of the Requested Property Division and Alimony and Obtaining a Decision from the Judge
4) Granting Custody of the Children After the Divorce
5) Finalizing the Divorce and Completing the Necessary Procedures for Recognition of the Divorce
Which country's laws apply to a divorce between two foreigners in Turkey?
Under Private International Law, in the case of a divorce in Turkey between two foreigners, the law of the country of common nationality of the spouses applies. This is the case if both spouses are citizens of the same country. If the parties are not citizens of the same country, the law of the country of their habitual residence, i.e., the country where the spouses live together, applies.
If there is no common habitual residence, Turkish law applies.
What documents are required for two foreigners to get divorced in Turkey?
- Passport photocopies
- Identity Card / Population Registration Certificate
- Marriage Certificate (Marriage Certificate or International Marriage Registration Certificate)
- Residence Certificate (Certificate of Address)
- Address Information
- Divorce Petition: Petition prepared according to amicable or contested divorce, taking into account the applicable law. Amicable Divorce Protocol (if any)
- Protocol signed by the parties, including alimony, compensation, custody, and other matters.
- Power of Attorney (if pursued through a lawyer)
- Notarized and apostilled power of attorney authorizing the filing of a divorce case.
- Translation and Apostille Documents: All official documents prepared in a foreign language must be translated into Turkish by a sworn translator, apostilled, and notarized.
What happens to assets acquired during marriage in a divorce between two foreigners in Turkey? Which country's law does the judge apply?
Regarding the law applicable to marital property, spouses are given the option to choose the law governing their marital assets at the time of marriage. Accordingly, spouses can explicitly choose between the law of their habitual residence at the time of marriage and one of their national laws.
If no choice of law is made by the spouses, the common national law at the time of marriage applies first to marital property. If this is not available, the law of the place where the spouses lived together at the time of marriage takes precedence. If neither of these points of connection exists, Turkish law applies.
However, there is an important exception regarding immovable property. In matters of real rights and liquidation proceedings related to immovable property, the law of the place where the immovable property is located applies, independently of the general rule.
How is child custody assessed in a divorce between two foreigners in Turkey?
International Private Law also prescribes a specific hierarchical system regarding matters of child custody. Accordingly, in determining who will be granted custody and the scope of custody following a divorce, the common national law of the spouses is primarily taken into account. This applies when both parents are citizens of the same country.
If the spouses are citizens of different countries, the law of their common habitual residence, i.e., the law of the country where the family has lived together continuously, applies to disputes regarding child custody. If such a common habitual residence does not exist, Turkish law applies.
The same legal principles apply to child support payments requested for the benefit of the child after a divorce. The same regulation also applies in cases of separation and annulment of marriage.
If, after a divorce, one of the children is going abroad with only one parent or applying for a residence permit there, a court custody document or a notarized consent form from the other parent approving the child’s stay abroad is required.
Does a divorce between two foreigners in Turkey have international validity?
When two foreigners divorce in Turkey, this divorce is only valid in Turkey; it does not automatically become valid in other countries. For the divorce to gain international validity, a recognition process is required. During this process, the necessary documents are prepared and submitted: firstly, the final divorce decree, then an apostille certificate of the decree, a sworn translation of the decree into the relevant country’s language, photocopies of the parties’ passports or identity cards, the marriage certificate if necessary, and an apostilled power of attorney to conduct the proceedings through a lawyer. Once these documents are completed, the competent authority of the relevant country recognizes the Turkish court decision, and the divorce gains international validity.
Frequently Asked Questions Regarding Divorce Procedures for Foreigners in Türkiye
1. Is it Mandatory for Spouses to Be Present in Court?
No, in divorce cases between two foreigners in Turkey, the spouses can have their lawyers handle the divorce application process. However, for an amicable divorce, the couple must be present at a hearing. If the spouses are represented by a lawyer, the lawyer will handle the case, and the spouses do not need to come to court.
2. Will My Residence Permit Be Revoked If I Divorce My Turkish Citizen Spouse?
No, your residence permit will not be automatically revoked even if you divorce your Turkish citizen spouse, but you may need to apply for a new one to maintain its validity.
3. How Long Does a Divorce Take in Turkey for Foreigners?
In Türkiye, it takes 2-3 months for amicable divorces; and an average of 2-3 years for contested divorces.
4. I Divorced in Another Country But Didn’t Complete the Recognition Process. Do I Need to Get Divorced Again in Turkey?
No, if you divorced in another country and haven’t had the recognition process done in Turkey, you don’t need to get divorced again in Turkey; however, you will need to have the recognition (and enforcement, if necessary) process done for that divorce to be valid in Turkey.
5. What are the Types of Alimony in Divorces of Foreigners in Turkey?
There is child support and spousal support. Depending on the circumstances, material and moral compensation may also be requested.