The court decisions taken abroad for divorce to be valid in Turkey, parties must file a recognition case or enforcement proceedings.
With the amendment made in the Population Services Law numbered 5490 on 29.04.2017, if the divorced parties apply to the competent authorities together, without the need for recognition and enforcement lawsuits, divorce can be recognized as valid in the Turkish authorities.
The parties are required to take legally valid and final divorce decisions from foreign courts which are not contrary to the Turkish public order. It should be noted that you do not have the possibility to register your divorce request directly in the Turkish population registry. In order for the new regulation to find its scope of application, individuals must have taken a valid divorce decision abroad.
Joint Application of the Parties or their Representatives
Divorced persons abroad must apply together to inform the divorce decision. However, most of the time parties are going through a difficult divorce process and do not want to communicate with each other. In this case, the lawyers of the parties can apply together and benefit from the convenience provided by the new regulation. In cases where the parties or their lawyers cannot apply together, recognition or enforcement lawsuits should be brought before the Turkish courts.
Court decisions on custody, Compensation or Marital asset distributions
The new regulation only allows for the direct registration of decisions made in relation to divorce, marriage, annulment or the existence of marriage to the Turkish population register. For example, the marital status of people who are divorced abroad and whose application is accepted will be changed from li married ’to‘ single ’. However, many divorce decisions may include provisions regarding custody, division of property or compensation. This kind of decision to be valid in Turkey for recognition / enforcement proceedings must be brought before the Turkish courts.
*Because of the long and complex processes of applications, we would like to point out that you should seek professional advice and professional support in order to avoid loss of rights.
Our Kocaeli divorce lawyers can assist during complex lawsuit procedures.
Please contact our divorce lawyers for further information.
As Kocaeli izmit divorce lawyers we provide services in Izmit Kocaeli, Istanbul, Ankara, Izmir and other Anatolian cities.
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