Divorce in Turkey for Foreigners: Jurisdiction, Property Division and Recognition of Foreign Judgments

When spouses have different nationalities, live in different countries or own property in more than one place, a divorce raises questions that a purely domestic case does not: which court can hear the case, which country’s law applies, how property is divided and whether a divorce granted abroad is valid in Turkey. This guide answers these questions for foreign nationals and for Turkish citizens living abroad.

At a Glance

Turkish courts can hear a divorce case where one spouse is a Turkish citizen or the spouses are domiciled in Turkey.
The law applicable to the divorce depends on the spouses’ nationalities and habitual residence.
Property located in Turkey is divided according to Turkish law; the default regime is participation in acquired property.
A divorce granted abroad must be recognised before it takes effect in Turkish civil registry records.

Which court can hear the case?

Turkish courts have jurisdiction over a divorce case where one of the spouses is a Turkish citizen, or where the spouses, or one of them, are domiciled in Turkey. Turkish citizens living abroad may also file for divorce in Turkey, typically before the family court of their last place of residence in Turkey or the court of their spouse’s residence. In many international cases, courts in more than one country are competent, and the choice of forum can have significant consequences for property division and maintenance.

Which law applies?

Under Turkish private international law, divorce is governed by the common national law of the spouses. If they have different nationalities, the law of their common habitual residence applies, and failing that, Turkish law. A Turkish court may therefore apply foreign law to a divorce between two foreign nationals of the same nationality, while Turkish law will often apply in mixed-nationality marriages where the spouses live in Turkey.

Grounds for divorce and procedure

Turkish law provides for specific grounds for divorce, such as adultery or abandonment, and a general ground: the irretrievable breakdown of the marriage. Divorces may be:

Uncontested: where the marriage has lasted at least one year and both spouses agree on the divorce and its consequences, including property, maintenance and custody, the court can grant the divorce after hearing both spouses, often in a single hearing.
Contested: where the spouses disagree, the court examines evidence and witnesses, and proceedings can last considerably longer.

Spouses living abroad can be represented by a lawyer, but in an uncontested divorce the court generally expects to hear each spouse personally.

Division of matrimonial property

The law governing the matrimonial property regime may be chosen by the spouses. Absent a choice, it is determined by their common nationality or common habitual residence at the time of marriage. In any event, immovable property located in Turkey is liquidated according to Turkish law.

Unless the spouses have agreed otherwise, the default regime under Turkish law is participation in acquired property. Each spouse keeps their personal property, such as assets owned before the marriage or received by inheritance, while property acquired for consideration during the marriage is generally shared equally. Claims for the division of property must be brought within strict time limits after the divorce becomes final.

A prenuptial or marital agreement made abroad can significantly change the outcome. It should be reviewed at the very start of the case.

Custody and maintenance

Custody decisions are based on the best interests of the child. The court may hear the child, depending on age, and may obtain reports from experts. The non-custodial parent is granted a right of personal contact. Turkey is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which is particularly relevant where one parent wishes to relocate abroad with the child.

The court may also award child support and, to a spouse who would fall into poverty as a result of the divorce, maintenance. Compensation for material and moral damage may be awarded to the spouse who is less at fault.

Recognition of foreign divorce judgments

A divorce granted abroad does not automatically take effect in Turkey. Until it is recognised, a Turkish citizen remains married in the Turkish civil registry and cannot remarry in Turkey. There are two routes:

Administrative recognition: where the foreign judgment is final and both former spouses apply together, in person or through a representative, the divorce can be registered by the civil registry office or a Turkish consulate without a court case.
Recognition by court: in other cases, a recognition action must be filed before a Turkish family court. The court checks, among other things, that the judgment is final, that the defendant’s right to be heard was respected and that the judgment is not contrary to Turkish public policy.

Provisions of a foreign judgment that require enforcement, such as maintenance or property transfers, require a separate enforcement decision.

How we can help

We advise foreign nationals and Turkish citizens living abroad on international divorces. We assess jurisdiction and applicable law, represent clients in contested and uncontested proceedings, handle property division and custody matters, and obtain the recognition and enforcement of foreign divorce judgments in Turkey.

This article provides general information on Turkish law as at the date of publication and does not constitute legal advice. Rules, thresholds, fees and deadlines change from time to time; please seek advice on your specific circumstances before acting.