Divorce Decisions Abroad Can Be Recorded in the Civil Registry without Filing a Recognition / Reconciliation Case

In order for divorce decisions taken abroad to be valid in Turkey, recognition/enforcement status must be opened in Turkey.

With the amendment made on 29.04.2017 to the Law No. 5490 on Population Services, persons who divorced abroad will be able to recognize their divorce as valid in Turkey and enter it in their civil registries without the need to file a recognition and enforcement case if they apply to the competent authorities together.

The parties must obtain a legally valid and finalized divorce decree from a foreign court that is not contrary to Turkish public order. It should be noted that you do not have the possibility to register your divorce directly in the Turkish civil registry. The new regulation allows the parties to be considered divorced without filing a lawsuit in Turkey only if the divorce is validly obtained abroad.

Joint Application by the Parties or their Representatives

People who have been divorced abroad need to apply together in order to be considered divorced in Turkey. However, most of the time, spouses divorce with problems and do not want to communicate with each other. In this case, their proxies can also apply together and benefit from the convenience introduced by the new regulation. If it is not possible for the parties or their proxies to apply together, a recognition/perfiz case should be filed as in the past in order for the divorce to be valid in Turkey.

Decisions on Custody, Property Division or Compensation

The new regulation only allows for the direct registration of decisions on divorce, nullity, annulment or annulment of marriage, or the determination of whether or not a marriage exists, in the Turkish civil registry. For example, the civil status of individuals who are divorced abroad and whose application is accepted will be changed from 'married' to 'single' in the civil registry. However, many divorce decrees may include provisions on custody, property division or compensation. In order for such decisions to be valid in Turkey, a recognition/perfiz case must be filed.