Divorce in Turkey for foreigners is possible, and a Turkish court is often the right place to end the marriage even when neither spouse is a Turkish citizen. If you live in Turkey, married here, or your spouse is in Turkey, a Turkish family court can usually hear the case. The two main routes are an uncontested divorce, where both spouses agree and a judge can finalise it quickly, and a contested divorce, where the court decides the disputed points.
This guide explains how to get divorced in Turkey, when Turkish courts have authority over your case, the documents you need, and how custody, alimony and property are handled. The figures and timeframes below are current as of the time this article is written; because procedures change, confirm the details that affect you with a lawyer.
Can You Get a Divorce in Turkey as a Foreigner?
Yes, divorce in Turkey for foreigners is allowed, and foreign nationals can file even if the marriage took place abroad. Turkish family courts regularly handle cases for international couples, mixed-nationality couples, and two foreigners who both live here. You need not be a Turkish citizen or have married in Turkey.
Turkish divorce law for foreigners sits mainly in the Turkish Civil Code, which sets the grounds for divorce, and in Turkish private international law, which decides which country’s law a Turkish court applies to a foreign couple. A divorce granted by a Turkish family court is a full, legally valid divorce. Whether it is automatically recognised in your home country is a separate question, covered later in this guide.
When Turkish Courts Have Jurisdiction Over Your Divorce
A Turkish court can hear your divorce when there is a real connection between the couple and Turkey. The most common connecting factors are residence and nationality. If you and your spouse live in Turkey, a Turkish family court will normally accept the case, and if only one spouse lives here, that is often enough to open proceedings at the court for that person’s place of residence.
Knowing how to get divorced in Turkey starts with confirming that a Turkish court has authority, because filing in the wrong place wastes time. The case is filed at the Family Court (Aile Mahkemesi) for the relevant district; for couples living in Istanbul, that means the Istanbul family courts. In our practice at Karanfiloglu Law Firm, the first thing we check for an international client is the jurisdiction and residence position, because it shapes everything that follows.
Which law applies to a foreign couple
Turkish divorce law for foreigners does not always mean Turkish law governs the case. Under Turkish private international law, the court looks first to the spouses’ common nationality, then to their common habitual residence, and otherwise applies Turkish law. For many couples living in Turkey this means Turkish law governs in practice, but the analysis matters and should be checked case by case.
Contested vs Uncontested Divorce in Turkey
The biggest factor in how long and how hard your case will be is whether it is contested or uncontested. An uncontested divorce in Turkey, called “anlasmali bosanma”, is available when the spouses agree on the divorce itself and on every consequence: custody, alimony, child support, and the division of property. A contested divorce, “cekismeli bosanma”, is one where the spouses disagree on the divorce or on any of those terms, and the judge must rule.
To use the uncontested route, the couple must have been married at least one year, both spouses must attend the hearing, and they must submit a signed settlement protocol covering all terms. The two paths differ on a few practical points.
- Agreement: an uncontested divorce needs full agreement on every term, while a contested one needs none to begin.
- Marriage length: the uncontested route requires at least one year of marriage; the contested route has no minimum.
- Typical duration: uncontested cases often finish in one to three months, while contested cases usually run one to three years.
- Hearings: an uncontested case is frequently a single hearing; a contested case takes several.
- Settlement protocol: required for an uncontested divorce, not for a contested one.
- Evidence and witnesses: generally not needed in an uncontested case, but often central to a contested one.
Most international clients who can reach agreement prefer the uncontested divorce in Turkey because it is faster and more predictable. Where agreement is not possible, the contested route protects your position by letting the court decide.
How to Get Divorced in Turkey: The Step-by-Step Process
The divorce procedure in Turkey follows a clear sequence, whether the case is contested or uncontested. The stages below show how a typical case moves through a Turkish family court.
- Confirm jurisdiction. Check that a Turkish court can hear the case and which law applies. Getting this right at the outset prevents a wasted filing.
- Prepare the petition. Your lawyer drafts the divorce petition (dava dilekcesi) setting out the grounds and your requests on custody, support and property. For an uncontested case, the settlement protocol is prepared alongside it.
- File at the Family Court. The petition is filed at the competent Family Court for the district, and the court fee is paid.
- Service on the other spouse. The court formally notifies the responding spouse. For a spouse abroad, this can take longer.
- Hearings. An uncontested case is frequently resolved in a single hearing where the judge confirms both spouses agree. A contested case runs through several hearings with evidence and witnesses.
- Judgment. The court issues its decision. Once the appeal period passes and the judgment is final, the divorce is registered and the civil records updated.
You do not always have to be in Turkey for the whole process. In a contested divorce, a lawyer holding a power of attorney can represent you at most stages. In an uncontested divorce both spouses normally must attend the hearing in person, so the judge can hear directly that the agreement is genuine.
Documents You Need for Divorce in Turkey for Foreigners
The documents for divorce in Turkey must be complete and, where issued abroad, properly translated and legalised. A typical file includes the following.
- The divorce petition prepared by your lawyer.
- Your marriage certificate. If it was issued abroad, it usually needs an apostille or consular legalisation and a sworn Turkish translation.
- Passports or identity documents for both spouses.
- For couples with children, the children’s birth certificates.
- A signed settlement protocol, for an uncontested divorce, covering custody, support and property.
- A power of attorney issued to your lawyer, which a Turkish notary or a Turkish consulate abroad can prepare.
Foreign documents not in Turkish must be translated by a sworn translator. Getting the paperwork right early prevents the most common cause of delay we see in the divorce procedure in Turkey: a document that has to be re-issued or re-translated mid-case.
Child Custody, Alimony and Property Division
Turkish courts decide custody on the best interests of the child, not on the nationality of the parents. The parent without custody is usually granted a personal-relationship schedule (visitation), and the court can set child support (istirak nafakasi) payable until the child reaches adulthood.
Alimony and spousal support
Turkish law recognises spousal support after divorce, known as “yoksulluk nafakasi”, for a spouse who would otherwise fall into financial hardship. The amount depends on the parties’ means, and the court has wide discretion. Temporary support can also be ordered during the case itself.
How property is divided
The default property regime for couples married from 2002 onward is participation in acquired property. In simple terms, property acquired during the marriage is generally shared equally on divorce, while assets a spouse owned before the marriage, and certain personal gifts, usually stay with that spouse. A valid prenuptial agreement can change this. For international couples, which law governs the property split should be confirmed, since it does not always follow the divorce itself.
How Long Divorce in Turkey for Foreigners Takes and What It Costs
An uncontested divorce in Turkey is often finalised within about one to three months, while a contested case usually runs one to three years depending on the disputes and the court’s workload. These ranges are typical rather than guaranteed, and service on a spouse abroad can add time. How to get divorced in Turkey efficiently mostly comes down to whether you can agree terms, because agreement is what opens the fast track.
On cost, budget for the court filing fee, sworn translation and legalisation of foreign documents, notary fees for the power of attorney, and lawyer’s fees. Official fees are set by the state and change each year, so confirm the current amounts when you start.
Recognising Your Turkish Divorce in Another Country
A divorce granted in Turkey is legally final in Turkey, but recognition abroad is a separate step in most countries. To make a Turkish divorce take effect in your home country, you usually file the final, apostilled and translated judgment with the relevant authority or court for recognition. The procedure varies from country to country, so confirm your home country’s requirements before you rely on the Turkish decree for remarriage or official records.
Summary
Divorce in Turkey for foreigners is well established: Turkish family courts can hear cases for foreign and mixed couples, the uncontested route is fast when spouses agree, and the contested route lets the court resolve disputes over custody, support and property. Get the jurisdiction and paperwork right at the start, decide honestly whether your case is contested or uncontested, and check how a Turkish divorce will be recognised at home. With those settled, the divorce procedure in Turkey is predictable.
Talk to a Lawyer in Istanbul
If you would like advice on your own situation, Karanfiloglu Law Firm is a registered law office in Istanbul serving foreigners and Turkish clients across Turkey. You can reach us by phone or WhatsApp at +90 532 659 35 11, by email at [email protected], or visit us at Mecidiyeköy Mah. Büyükdere Cad. No:67-71, Alba İş Merkezi, Kat:8, Şişli, İstanbul. Contact us to discuss your situation.
Frequently Asked Questions
Can two foreigners get divorced in Turkey?
Yes, two foreigners can get divorced in Turkey if there is a real connection to the country, most often that one or both spouses live here. A Turkish family court will assess jurisdiction and then decide which country’s law applies to the divorce. Many couples living in Turkey have their case heard under Turkish law.
How long does an uncontested divorce in Turkey take?
An uncontested divorce in Turkey is often completed within about one to three months. Both spouses must have been married at least a year, must attend the hearing, and must submit a signed settlement covering custody, support and property. Where everything is agreed, a single hearing is frequently enough.
Do I have to be in Turkey for the whole divorce?
Not for a contested divorce, where a lawyer with power of attorney can represent you at most stages. For an uncontested divorce, both spouses normally must appear at the hearing in person, because the judge must confirm directly that the agreement is genuine and freely made.
Which law applies to a divorce in Turkey for foreigners?
A Turkish court applies the spouses’ common national law first, then their common habitual residence, and otherwise Turkish law. For many international couples living in Turkey this results in Turkish law governing the case, but the outcome depends on the facts and should be confirmed for your situation.
How is property divided in a Turkish divorce?
For marriages from 2002 onward, the default rule shares property acquired during the marriage equally, while pre-marriage assets and certain personal gifts usually remain with the original owner. A valid prenuptial agreement can change this, and for foreign couples the law governing property should be checked separately.
Will my Turkish divorce be recognised in my home country?
A Turkish divorce is final in Turkey, but most countries require a separate recognition step before it takes effect there. You typically file the final, apostilled and translated judgment with the competent authority or court in your home country. The exact procedure varies, so confirm it before relying on the decree.
About the Author
Kaan Karanfiloğlu is the founder of Karanfiloglu Law Firm, an Istanbul-based registered law office serving Turkish and international clients across Turkey. He is a lawyer registered with the Istanbul Bar Association (Reg. No. 58270) and the Union of Turkish Bar Associations (No. 133074), and has practised law in Turkey since 2017. He holds an LL.B. from Galatasaray University Faculty of Law (2016) and advises clients in Turkish, English and French; the firm also serves clients in Russian and Chinese with experienced in-office translators.
Disclaimer: This article provides general information about Turkish law and is not legal advice. Laws, regulations, official fees and procedures change over time and every situation is different. For advice on your specific circumstances, please consult a qualified lawyer. No liability is accepted for any loss arising from reliance on the information in this article.
