Legal Guidance for Foreign Nationals & International Families
Family & Divorce Law in Turkey
Family law disputes involving more than one country may raise complex questions concerning jurisdiction, applicable law, parental responsibility, financial obligations and the recognition of foreign court decisions.
Dr. Faruk Özkan, Attorney at Law, provides legal assistance in international divorce proceedings, child custody disputes, maintenance claims, matrimonial property matters and the recognition of foreign family law judgments in Turkey.
With a PhD in Private International Law from Istanbul University and an LL.M. from the University of Bonn, Dr. Özkan combines academic specialization in cross-border legal matters with legal practice.
Can Foreigners Get Divorced in Turkey?
Foreign nationals may initiate divorce proceedings before Turkish courts where the relevant rules of international jurisdiction and domestic procedural law permit.
The fact that both spouses are foreign nationals does not automatically prevent Turkish courts from hearing a divorce case.
However, the jurisdiction of Turkish courts must be assessed separately from the question of which country's substantive law governs the divorce.
Relevant circumstances may include the spouses' nationality, habitual residence, domicile and connections with Turkey.
International Jurisdiction of Turkish Courts
Under Law No. 5718, international jurisdiction is generally determined by reference to the domestic jurisdiction rules, subject to applicable special provisions.
Depending on the circumstances, the competent Turkish court may be determined by reference to the spouses' residence and other jurisdictional connecting factors.
A divorce proceeding should therefore begin with an assessment of both international jurisdiction and the competent court within Turkey.
Which Law Applies to International Divorce in Turkey?
Article 14 of the Turkish Private International Law Act
Article 14 of Law No. 5718 establishes the principal conflict-of-laws rules governing divorce and legal separation.
The applicable law is determined through a sequence of connecting factors.
- First, the spouses' common national law applies.
- Where the spouses have different nationalities, their common habitual residence law applies.
- If there is no common habitual residence, Turkish law applies.
This means that a Turkish court may, in appropriate circumstances, be required to apply foreign substantive law to the grounds and consequences of divorce.
The applicable law must not be confused with the law governing court procedure, which is generally determined separately.
Divorce Between Spouses of Different Nationalities
A marriage involving, for example, a Turkish citizen and a foreign national does not automatically mean that Turkish substantive divorce law applies.
The spouses' common habitual residence and the relevant statutory connecting factors must be examined.
Where the parties reside in different countries, the absence of a common habitual residence may become particularly significant.
Child Custody and Parental Responsibility
International divorce cases frequently involve disagreements concerning child custody, parental responsibility, contact arrangements and the child's place of residence.
Article 14(3) of Law No. 5718 provides a conflict-of-laws rule concerning custody and custody-related matters in divorce proceedings.
However, international child-related disputes may also require consideration of applicable international conventions, including rules concerning parental responsibility, child protection and international child abduction.
The child's habitual residence, existing custody arrangements and any relevant foreign proceedings may therefore be important.
Child Custody After Divorce
Questions concerning custody may include:
- Allocation of parental responsibility.
- The child's residence and living arrangements.
- Contact and visitation rights.
- Modification of existing custody decisions.
- Recognition or enforcement of foreign custody judgments.
- Measures necessary to protect the child's interests.
The applicable legal framework depends on the nature of the proceedings and the international instruments binding Turkey and the relevant foreign state.
International Child Relocation and Child Abduction
Where one parent wishes to relocate internationally with a child, the legal consequences of the proposed move should be examined before travel.
Removing or retaining a child across international borders without the necessary legal authority may give rise to proceedings under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, where applicable.
A custody order does not necessarily resolve every issue concerning international relocation or travel.
Maintenance and Financial Support
International family disputes may involve financial support claims between spouses or former spouses, as well as child maintenance.
Article 14(2) of Law No. 5718 addresses maintenance claims between divorced spouses by referring to the conflict-of-laws rule in the first paragraph.
Child maintenance and other support obligations may be subject to different conflict-of-laws rules or applicable international conventions.
Accordingly, spousal maintenance and child maintenance should not automatically be treated as governed by identical rules.
Relevant matters may include:
- Interim financial measures.
- Spousal maintenance following divorce.
- Child maintenance obligations.
- Modification of existing maintenance arrangements.
- Recognition and enforcement of foreign maintenance decisions.
Article 14(4) provides that Turkish law applies to requests for provisional measures in the matters governed by that article.
Matrimonial Property and Division of Assets
Divorce may also require determining the spouses' rights concerning real estate, savings, investments and other matrimonial assets.
Article 15 of Law No. 5718
Matrimonial property is governed by separate conflict-of-laws rules under Article 15 of the Turkish Private International Law Act.
Subject to the statutory requirements, spouses may expressly choose certain laws connected with their nationality or habitual residence at the time of marriage.
Where no valid choice has been made, the applicable law is determined through the connecting factors prescribed by Article 15.
The provision also contains a special rule concerning the liquidation of matrimonial property involving immovable assets, referring to the law of the country where the immovable property is located.
Real Estate Owned in Turkey
Where spouses own an apartment, house or other immovable property in Turkey, the legal analysis may involve both matrimonial property rules and Turkish real estate law.
Issues may include ownership registration, the applicable matrimonial property regime, contributions to acquisition and the legal consequences of divorce.
The relevant rights depend on the applicable law, the spouses' arrangements and the circumstances of acquisition.
Real estate law in TurkeyRecognition of Foreign Divorce Judgments in Turkey
A divorce granted by a foreign court or competent foreign authority may need to be recognized or registered in Turkey to produce the intended legal consequences.
There are different legal mechanisms for dealing with foreign divorce decisions.
Administrative Registration of Foreign Divorce Decisions
Article 27/A of Law No. 5490 provides an administrative procedure for registering certain foreign divorce and related decisions in Turkish civil status records.
This procedure is subject to statutory requirements concerning the nature and finality of the decision, the competent foreign authority, public policy and the persons entitled to apply.
Depending on the circumstances, a joint application may be required, while the law provides specific exceptions.
Administrative registration should not be confused with the judicial recognition or enforcement of every provision contained in a foreign family law judgment.
Judicial Recognition and Enforcement
Where administrative registration is unavailable or insufficient, judicial recognition or enforcement may be required under Law No. 5718.
Recognition generally concerns the legal effect of a foreign judgment, while enforcement may be necessary for provisions requiring compulsory execution.
A foreign judgment dealing with divorce, maintenance, custody or property may therefore require separate analysis of its individual operative provisions.
The relevant requirements include the applicable statutory conditions, finality of the judgment and public policy considerations.
International Divorce Proceedings Without Travelling to Turkey
Foreign nationals residing abroad may be able to authorize a Turkish attorney to conduct certain family law proceedings on their behalf.
A power of attorney executed outside Turkey may require appropriate authentication, legalization or apostille certification and a certified Turkish translation.
Some proceedings or procedural stages may nevertheless require personal participation or compliance with additional formal requirements.
The possibility of remote representation must therefore be examined according to the particular case.
Frequently Asked Questions
Can two foreign citizens divorce in Turkey?
Potentially, yes. Turkish courts may have international jurisdiction where the applicable jurisdictional requirements are satisfied. The parties' foreign nationality does not by itself exclude jurisdiction.
Does Turkish law always apply when a divorce case is heard in Turkey?
No. Under Article 14 of Law No. 5718, the applicable substantive law may be the spouses' common national law, their common habitual residence law or Turkish law, depending on the circumstances.
Can a Turkish citizen divorce a foreign spouse in Turkey?
A divorce proceeding may be brought in Turkey where the relevant jurisdictional requirements are met. The applicable substantive law must be determined separately.
Can I obtain child custody in Turkey if my child lives abroad?
The answer depends on jurisdiction, the child's habitual residence, applicable international conventions and any existing decisions. The location of the child may be particularly significant.
Is a foreign divorce judgment automatically effective in Turkey?
Not necessarily. Depending on the circumstances, administrative registration or judicial recognition may be required to establish the relevant legal effects in Turkey.
Can a foreign divorce judgment be registered without a new lawsuit?
Certain foreign divorce decisions may qualify for administrative registration under Article 27/A of Law No. 5490, provided the statutory conditions are met.
How are assets in Turkey divided after an international divorce?
Matrimonial property issues are governed by the applicable conflict-of-laws rules, including Article 15 of Law No. 5718. Immovable property located in Turkey requires particular attention to the relevant special rules.
Can I appoint a Turkish lawyer while living abroad?
In many cases, legal representation may be arranged through a properly executed power of attorney. Specific proceedings may nevertheless require additional formalities or personal participation.
Legal Assistance in International Family Law Matters
International family law disputes require careful consideration of jurisdiction, applicable law, procedural requirements and the interaction between domestic law and international conventions.
Dr. Faruk Özkan provides legal assistance concerning divorce proceedings involving foreign nationals, custody disputes, maintenance obligations, matrimonial property and foreign family law judgments in Turkey.