Divorce Cases Outside Türkiye: Recognition and Enforcement Explained

With globalization and increased mobility, many Turkish citizens and Blue Card holders now live abroad and go through divorce proceedings in foreign countries. However, divorce cases outside Türkiye do not automatically have legal effect within Türkiye.

These judgments must go through a legal process known as recognition (tanıma) and sometimes enforcement (tenfiz) in Turkish courts. Understanding this process is critical, especially when issues like asset division, child custody, or remarriage are involved.

What Is Recognition and Enforcement?

• Recognition means that a foreign divorce judgment is accepted as legally valid in Türkiye. It is typically necessary for updating marital status in official records.

• Enforcement is required when the foreign court decision includes financial or custodial rulings, such as property division, spousal support, or child arrangements. Without enforcement, these parts of the ruling cannot be executed in Türkiye.

  
  

Why Is It Necessary?

If a divorce decree is obtained abroad but not recognized in Türkiye:

• The individual is still officially married in the Turkish civil registry.

• They cannot legally remarry in Türkiye.

• Property and inheritance rights may be disputed.

• Any division of marital property ordered abroad may be unenforceable in Türkiye.

This affects not only Turkish citizens but also Blue Card holders, who retain rights such as inheritance, ownership, and civil status registration under Turkish law.

Common Requirements

To initiate recognition and/or enforcement in Türkiye, certain documents are typically required:

• The final foreign court judgment

• An apostille or confirmation of legal finality

• A notarized Turkish translation of the judgment

• Proof of due process (both parties were notified and represented)

Incomplete or improperly prepared documentation can lead to delays or even rejection by Turkish courts.

Why Legal Assistance Matters

Even though the procedure is regulated, legal nuances, cross-border document requirements, and public order checks (public policy compatibility) make professional legal representation highly recommended. This is particularly true for cases involving property division or child custody.

Conclusion

Divorce cases outside Türkiye must be legally recognized to have any legal effect within the country. Whether you are a Turkish national, dual citizen, or Blue Card holder, ensuring the recognition or enforcement of your foreign divorce is essential for protecting your rights in Türkiye—especially in matters involving property or remarriage.

At Bosphorus Law Firm, we provide expert legal assistance in navigating this process and protecting your interests under both Turkish and international law.