Registration of Foreign Divorce Decrees in Turkey: The Administrative Path and Its Legal Significance

For Turkish citizens, ensuring that divorce, annulment, or judicial invalidation of marriage decrees rendered abroad gain legal validity in the Republic of Turkey is crucial for formalizing their marital status, updating civil records, and settling vital legal matters such as inheritance and lineage.

Historically, the recognition of such decrees issued by foreign courts was exclusively achieved through a Recognition and Enforcement lawsuit filed before the competent Family Courts in Turkey, pursuant to the provisions of the Turkish Law on International Private and Procedural Law (Law No. 5718, or IPRL – MÖHUK). This judicial process was often time-consuming and costly.

However, a significant change was introduced in 2017 with the addition of Article 27/A to the Turkish Population Services Law (Law No. 5490, or PSL – NHY). This provision established an administrative route for the direct registration of foreign judicial or administrative decrees into the Population Register, without the necessity of a court lawsuit, provided certain conditions are met.

This article, intended for both legal professionals and potential clients, meticulously explains the legal basis, application requirements, and procedural framework of this pragmatic administrative registration process.

Legal Basis and Scope of Registration

The procedures and principles for the registration of foreign decrees concerning the termination of a marriage are regulated by the Regulation on the Registration of Decrees Rendered by Foreign Judicial or Administrative Authorities in the Population Register, published in the Official Gazette dated February 7, 2018, No. 30325, based on Article 27/A of the PSL.

The primary objective and scope of this Regulation are to determine the rules and principles governing the registration of decrees related to divorce, nullity of marriage, annulment, or determination of the existence of a marriage, issued by competent foreign judicial or administrative authorities, into the family ledger.

Key Requirements for the Decree to Be Registered

For the administrative registration route to be applicable, the foreign decree must possess two fundamental legal characteristics, as defined in the Regulation:

1. Finality (Res Judicata): The decree must have been finalized (usulen kesinleşmiş) under the laws of the country where it was rendered. The application must include the official finality annotation on the decree itself or a separate approved document confirming the date of finality.

2. Non-Contradiction to Turkish Public Order: The content of the decree must not be in manifest contravention of Turkish Public Order (Türk kamu düzenine açıkça aykırı). This means the decree must not violate the fundamental values, constitutional principles, or essential norms of the Turkish legal system.

The Regulation defines the registrable decision as: "Decrees related to divorce, nullity, annulment, or determination of the existence of a marriage, issued by competent foreign judicial or administrative authorities, which have been formally finalized according to the law of the issuing country and are not in manifest contravention of Turkish Public Order."

Application Procedure and Competent Authorities

The determination of where and how to file the application is a critical stage of the administrative process.

Competent Authorities for Application

Applications may be filed at the following locations:

• Abroad: The Turkish Foreign Representative Offices (Embassies or Consulates General) in the country where the decree was issued.

• In Turkey: The Provincial Directorate of Population and Citizenship Affairs (İl Nüfus ve Vatandaşlık Müdürlüğü) where one of the parties resides.

• If neither party has a residence in Turkey, the application can be filed at one of the 18 specific Provincial Directorates listed in the Regulation (e.g., Adana, Ankara, Istanbul, Izmir, etc.).

Application Method and Deadline

The registration application can be made by the parties in person, through their legal representatives, or via an attorney-at-law (vekil). A significant convenience of this administrative path is that the parties are not required to be present together before the competent authority.

Crucial Time Limit: While the parties may apply separately at different times, the time interval between the two separate applications must not exceed ninety (90) days. Strict adherence to this deadline is essential to prevent the application from being rejected.

Mandatory Documents Required for Application

For the application to be accepted and the review process to begin, all necessary documents must be submitted completely, accurately, and in accordance with formal requirements. Pursuant to Article 7 of the Regulation, the main mandatory documents include:

1. Application Form: The official registration application form (Başvuru Formu).

2. Original Decree and Certified Turkish Translation: The original approved foreign decree requested for registration, accompanied by a Turkish translation that is certified by a notary, the Foreign Representative Office, or authenticated with an Apostille annotation (Apostil şerhi) applied by the competent authority of the issuing country.

3. Finality Certificate: If the finality annotation is not on the decree itself, an approved original document or letter certifying that the decision has become final according to the laws of the issuing country, along with its Turkish translation.

4. Identification Documents: Photocopies of the parties' identity cards or passports. If one of the parties is a foreign national, a notarized Turkish translation of their identity documents is required.

5. Special Power of Attorney: For applications filed through an attorney, the original or a certified true copy of the photographed special power of attorney (fotoğraflı özel vekâletname) issued by a notary.

Deficiencies and Rejection: Applicants found to have deficiencies in their documentation are given a definitive period of ninety (90) days to complete them. Failure to submit the missing documents within this period will result in the rejection of the application.

Limitations of Administrative Registration: Enforcement Matters

The administrative registration process differs from a judicial Recognition and Enforcement suit primarily in the scope of authority. The Komisyon (Commission) established to review the applications has a limited mandate strictly confined to the status of marriage termination.

The Regulation stipulates that even if the foreign decree contains provisions subject to enforcement, such as custody, alimony/maintenance (iştirak nafakası), personal relationship with the child (kişisel ilişki kurulması), marital property regime, or compensation, the Commission will still accept and review the decree only for the termination status (divorce, annulment, etc.).

Crucially, the Commission's decision does not produce any legal effect in Turkey regarding the provisions subject to enforcement (alimony, custody, compensation, etc.).

Consequently, parties who seek to enforce these financial and personal relationship provisions in Turkey must separately file an Enforcement lawsuit before the competent Family Courts under the IPRL (Law No. 5718).

Grounds for Application Rejection

An application for registration will be rejected by the Commission under the following circumstances:

• If a Recognition/Enforcement lawsuit related to the foreign decree has been previously filed and is still pending in a Turkish court, or if a final Turkish court decision of rejection has already been issued.

• If the Commission determines that the decree is in manifest contravention of Turkish Public Order, the application will be rejected with stated justification.

Registration and Legal Outcome

If the Commission issues a positive decision for registration, the Foreign Representative Office or the Provincial Directorate must register the decision in the family ledgers within seven (7) days. Upon completion of the registration, the date of the foreign decree will be accepted as the date of finality in Turkish records.

Legal Remedy Against Rejection

If the application is rejected by the Commission, the legal avenues for the applicants are not exhausted. The Regulation clearly states that in such a case, the parties are entitled to file a lawsuit for the recognition or enforcement of the decree before the competent Family Courts as per the Turkish Law on International Private and Procedural Law (MÖHUK/IPRL).

Application Form Link

The Application Form for the Registration of Decrees Regarding Divorce, Annulment, or Determination of the Existence of a Marriage Issued by Foreign Judicial or Administrative Authorities can be accessed via the Turkish Ministry of Interior, General Directorate of Population and Citizenship Affairs website:

https://www.nvi.gov.tr/kurumlar/nvi.gov.tr/hizmetlerimiz/nufushizmetleri/Basvuru_%20Formu.pdf

The administrative registration procedure introduced by Article 27/A of Law No. 5490 offers a fast, practical, and cost-effective solution for Turkish citizens divorced abroad to have their marital status officially recognized in Turkey. This innovation represents a significant relief compared to traditional court proceedings.

Nevertheless, the success of the process hinges on meticulous compliance with formal requirements, such as the proper finalization of the decree, the international authentication of documents (Apostille/certification), accurate translation, and the fundamental limitation that the administrative route only registers the divorce status. Because provisions requiring enforcement (custody, alimony, compensation) must be pursued via a separate judicial enforcement suit, seeking professional legal counsel is strongly advised. Working with an expert attorney is essential to correctly determine the appropriate legal path, ensure the application is complete and compliant, and prevent any loss of rights for our clients.