Validity of Decisions of Divorce in Turkey Taken by Foreign Courts
In order for couples to be divorced in Turkey, who have been divorced in a foreign country, a case for the recognition of the divorce decision taken by a foreign court must be filed before a Turkish court.
The aim of divorce recognition cases is to examine divorce decisions taken by foreign courts according to Turkish Law and to provide them to be recognized after such examination in order to render such decisions valid in Turkey.
Documents needed to render valid a divorce decision in Turkeytaken by a foreign court are as follows:
- 1- Original document of the divorce decision taken by the foreign court with Apostille seal and finalization statement,
- 2- Turkish translation of the divorce decision taken by the foreign court with Apostille seal and finalization statement (certified by the consulate or a Notary Public),
- 3- Power of Attorney (if a lawyer is to appeal before the court)
After the documents referred to above are supplied, a recognition case has to be opened before a Turkish court for the recognition of the divorce decision. The petition will be summoned to the other party and afterwards a decision for the recognition of the divorce decision of the foreign court in Turkey is taken the court, unless there is no breach of law. Without a recognition decision the parties are still considered as being married in Turkey. Therefore, the validity of the divorce decision in Turkey depends on the recognition decision of the Turkish court. If the recognition decision is finalized without appeal, the court notifies the civil registry, which then records the divorce.
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