Family Law

Many family law matters with an international element start with a document from another country: a marriage certificate from Germany, a divorce judgment from the Netherlands, a child whose parents hold two different nationalities. Turkish civil registry records are not updated on their own. Until a marriage or divorce is registered in Turkey, the person still appears as single, or still married, in Turkish records. Years later, this can cause problems in an inheritance, a property sale or a new marriage.

Scope of work

• Divorce in Turkey. Uncontested (anlaşmalı) and contested divorce. An uncontested divorce requires the marriage to have lasted at least one year, and the judge must hear both spouses in person (Turkish Civil Code, art. 166/3).

• Recognition and enforcement of foreign divorce judgments. A divorce granted abroad has no effect in Turkey until it is recognised. Recognition is done through a court case or, in some cases, administratively through the civil registry without going to court.

• Registering a marriage concluded abroad. Turkish citizens who marry before foreign authorities need to have the marriage recorded in the Turkish civil registry.

• Custody and contact. Including cases where one parent lives abroad or wants to move abroad with the child.

• Maintenance (nafaka). Interim maintenance during the case, spousal and child maintenance after the divorce, and applications to increase or reduce them.

• Division of matrimonial property. Under the default regime (participation in acquired property), each spouse is generally entitled to half of the net value of what the other acquired during the marriage.

• Protection orders under Law No. 6284. Urgent measures against domestic violence, including restraining orders.

Which law applies to a divorce between spouses of different nationalities?

A Turkish court first applies the spouses' common national law. If they do not share a nationality, it applies the law of their common habitual residence. If there is none, Turkish law applies (MÖHUK, art. 14). For a Turkish–Dutch couple living in Antalya, Turkish law will usually apply. A Turkish citizen living abroad can bring the case before a Turkish court even without a residence in Turkey (MÖHUK, art. 41).

Do I have to be in Turkey for the divorce?

In a contested divorce, your lawyer represents you, and you usually do not need to attend. In an uncontested divorce, the judge must hear both spouses, so you need to be present for at least one hearing. In some cases this hearing can be held by video link. For recognition of a foreign judgment, you usually do not need to come to Turkey.

Frequently asked questions

I divorced abroad. Am I divorced in Turkey?

Not until the judgment is recognised in Turkey and recorded in the civil registry. Until then you appear as married in Turkish records, which causes problems with remarriage, inheritance and property transactions.

Can a foreign divorce be registered without a court case?

In some cases, yes. Under art. 27/A of the Civil Registry Services Law (No. 5490), the divorce can be recorded administratively through the civil registry or a Turkish consulate if the conditions are met. The key condition is usually that both spouses apply together. If that is not possible, a recognition case is filed.

How long does an uncontested divorce take?

If the protocol is ready and the court's calendar allows, the decision is often given at the first hearing. It becomes final once the appeal period expires, or once both parties waive their right to appeal.

Is the foreign spouse entitled to a share of property in Turkey?

That depends on the law governing the matrimonial property regime, which is determined under MÖHUK art. 15. If Turkish law applies, the foreign spouse has the same rights as a Turkish spouse.