The effects of foreign divorce certain decisions in Turkey
Transaction might be carried out via the consular office, as well, before proceeding with taking legal action by means of the implementation of the Regulation on Civil Registration of Judgments Rendered by Foreign Judicial or Administrative Bodies”
Thus; a judgment for divorce rendered by a foreign court or administrative authority might be registered with relevant persons’ family/civil records without necessity on their part to file a lawsuit for the recognition thereof with Turkish courts. However; for any judgments involving recognition and enforcement (like alimony, child guardianship, etc.), it is still necessary to file an application with Turkish Courts.
Such application might be filed by relevant parties themselves as well as by means of their respective legal representatives and attorneys. While it is not necessary for both parties to file an application at the same time and with the same venue; the timeframe between such two applications might not be longer than 90 days, at a maximum.
While filing their applications, relevant parties;
must declare in writing that there is no judgment previously rendered by Turkish Courts for the dismissal/denial of a lawsuit or recognition still pending at Turkish Courts in respect of the judgment rendered by a foreign court or administrative authority,
must fill in a written application form issued by foreign mission and must attach the following documents to such form;
the original judgment, requested to be registered with civil registry, as duly certified, as well as a Turkish translation thereof, as duly notarized, or certified by relevant foreign mission, or attested with Apostille by competent authority of relevant country,
if relevant court or administrative judgment contains to finalization annotation, an original certificate or statement, duly attested, indicative of the fact that such judgment has become final as per the applicable legislation of the judgment-rendering country, as well as a Turkish translation thereof, as duly notarized, or certified by relevant foreign mission, or attested with Apostille by competent authority of relevant country,
Photocopies of identity card or passport, as well as a notarized Turkish translation thereof if one of the parties is a foreign national,
In the case of missing documents, relevant parties will be granted a further time-period of 90 days.
By this implementation, a legal action process causing a significant suffering and monetary burden on the part of our fellow citizens will have been eliminated; and one of the important legal issues facing our fellow citizens living abroad will have been solved.
If a request filed for the registration of a divorce, separation, nullity of marriage and determination of marriage judgment with civil registry on the grounds of the failure to satisfy such requirements as set out in relevant article of the Law, relevant parties might make a request for the recognition and enforcement thereof by way of legal action pursuant to the general provisions.0 - Bu yazıyı ilk beğenen sen ol!