Recognition and Enforcement of Foreign Divorce Decisions in Turkey

Ece Deniz Vardar

I. What Are Recognition and Enforcement?

As a rule, states recognize the validity of judgments issued by their own judicial authorities. Court rulings are effective within the jurisdiction of the country where the court is located. Therefore, a court decision rendered in a foreign country does not automatically produce effects in Turkey.

Under international agreements and the International Private and Procedural Law Act, court decisions issued in other countries can be recognized and enforced in Turkey. Article 50 of the International Private and Procedural Law Act states: “The enforcement of judgments rendered in foreign courts concerning civil cases, and finalized according to the laws of that state, in Turkey depends on the issuance of an enforcement decision by the competent Turkish court.”

Recognition refers to the acknowledgment of a foreign court’s judgment in a country other than where the judgment was rendered. Enforcement, on the other hand, involves granting the foreign court decision the ability to be executed. The implementation of the operative part of a foreign judgment is made possible through enforcement. Recognition and enforcement are treated as legal proceedings.

A decision of enforcement inherently includes recognition of the foreign judgment. Enforcement encompasses recognition. Once a recognition or enforcement decision becomes final, the foreign court judgment attains the status of a domestic judgment in Turkey and becomes binding.

For an enforcement decision to be issued, the following conditions must be met:

  • The foreign court judgment must not violate the right to a fair trial during its issuance.
  • The judgment must not have been obtained through fraud.
  • The judgment sought for enforcement must not contradict a prior decision rendered in Turkey.
  • The judgment must not violate public policy.

In Turkish law, foreign court judgments for which recognition or enforcement has been granted are treated as if they were issued by Turkish courts. Foreign court decisions that have not been recognized or enforced are treated as discretionary evidence.

II. Recognition of Foreign Divorce Decrees in Turkey Without Filing a Lawsuit

According to the Population Services Law, the Registry of Blue Card Holders, and the Regulation on the Recording of Declared Population Events, foreign divorce decrees can be registered in Turkey’s population registry without the need to file a lawsuit.

Article 27/A of the Population Services Law states: “Decisions made by foreign judicial or administrative authorities regarding divorce, annulment, or the determination of the validity of a marriage can be registered in the population registry under the following conditions: the application is made either by the parties themselves or, if one party is deceased or foreign, by the Turkish citizen spouse or their representative; the decision must be issued by a competent judicial or administrative authority in the foreign country and be final according to the laws of that country; and the decision must not be contrary to Turkish public policy.”

Applications for recognition are submitted to consulates and population offices. Registration in the population registry constitutes recognition, not enforcement. It does not have enforceability. It only serves to officially acknowledge that the individuals are divorced under Turkish law. For issues such as alimony, custody, property division, or compensation, an enforcement decision must be obtained.

Documents required to be submitted to the consulate or population office include:

  • Application form
  • The original of the foreign divorce decree, certified according to the relevant procedure
  • A Turkish translation of the foreign decree, certified by a notary or foreign mission, or with an Apostille issued by the relevant authority in the foreign country
  • The original of the finality annotation on the judicial or administrative decision, along with its certified Turkish translation
  • Copies of identification or passports
  • If one of the parties is foreign, notarized Turkish translations of their identification or passport
  • In cases where the application is made through a representative, the original or certified copy of a notarized power of attorney with a photograph

For the foreign divorce decree to be registered in the population registry, there must be no ongoing or concluded divorce case in Turkey.

Both parties must apply for registration. Applications can be made simultaneously or separately within 90 days of each other. The application can also be made through a representative.

III. Recognition and Enforcement Lawsuit for Divorce Decrees

In divorce cases, judgments may address not only the dissolution of the marriage but also issues such as:

  • Child custody,
  • Establishing personal relationships with the child,
  • Compensation,
  • Alimony,
  • Matters related to the marital property regime.

To enforce these provisions in Turkey, an enforcement request must be filed. This is done by submitting a petition for recognition and enforcement to the civil court of first instance in the jurisdiction of the ex-spouse’s residence in Turkey, or if there is no residence in Turkey, to a court in Ankara, Istanbul, or Izmir. The court will evaluate whether the conditions for enforcement are met before rendering its decision.

Courts base their decisions on the International Private and Procedural Law Act and international judicial assistance agreements to which Turkey is a party. For a recognition or enforcement decision to be issued, a valid foreign court judgment must exist. Decisions made by an administrative body in a foreign country are not subject to recognition or enforcement in Turkey.

Additionally, the divorce decree must be final and binding in the foreign country. If the foreign court’s decision has not been finalized, it cannot be enforced in Turkey. According to the Court of Cassation, if the judgment was not properly served on the defendant in the foreign country, the judgment will not be considered final, and the request for enforcement will be rejected.

To issue an enforcement decision, the foreign judgment must not conflict with Turkish public policy. Examples of violations of public policy include:

  • The issuing court not being independent,
  • A lack of causal connection between the material facts considered and the court’s decision,
  • Violation of the right to a fair trial,
  • A decision rendered in the absence of one party, without providing the opportunity for them to defend themselves,
  • Divorce decrees based on facts unverified due to the absence of one party.
The absence of provisions in the divorce decree regarding compensation, custody, or alimony does not constitute a violation of public policy. These matters can be litigated separately in Turkey. For instance, child custody and alimony claims can still be decided by Turkish courts. However, if the foreign divorce judgment does not determine fault, Turkish courts cannot reevaluate fault to award compensation for material or non-material damages.

A foreign divorce decree that has been recognized and enforced in Turkey becomes binding and has the same legal effect as a domestic judgment. In such cases, filing a new divorce case in Turkey is not permitted.

If divorce cases are filed simultaneously in Turkey and abroad, and a foreign divorce decree becomes final, the recognition and enforcement lawsuit in Turkey must be prioritized. These cases should not be merged. If the recognition and enforcement request is accepted, the divorce case in Turkey will become moot. However, if a Turkish court issues a divorce judgment before recognition and enforcement of the foreign decree, the Turkish court’s judgment will prevail within Turkey.

Ece Deniz Vardar
Attorney at Law | Lawyer in Turkey

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