Divorce in Turkey for Foreigners nationals in Turkey are conducted in accordance with the provisions of Law No. 5718, titled the Law on Private International Law and Procedural Law. The first issue to clarify in divorce cases involving foreigners in Turkey is whether Turkish law or the national law of the spouses will be applicable.
In this article, we will provide information regarding the legal procedures and rules that must be followed by foreign nationals seeking divorce in Turkey. As you continue reading, you will also find answers to frequently asked questions such as: Is it easy to obtain a divorce in Turkey? and After a divorce in Turkey, how soon can one remarry?
Applicable Legal Rules in Divorce Proceedings of Foreign Nationals in Turkey
The determination of the applicable legal rules is the first stage in divorce proceedings involving foreign nationals in Turkey. The steps listed below establish the order of priority in deciding which country’s legal system shall govern the divorce case:
- If both spouses are nationals of the same country, the common national law of that country shall apply.
- If the spouses do not share a common nationality, the law of the country where they have a common habitual residence shall apply.
- If the spouses neither share the same nationality nor a common residence, the provisions of Turkish law shall apply.
How Are Foreign Legal Rules Applied in Divorce Proceedings in Turkey?
In divorce cases involving foreign nationals in Turkey, the court is obliged to determine and apply the relevant legal rules ex officio. (Law on Private International Law and Procedural Law – Article 2/1). Requests by the parties in this regard are not taken into consideration by the judge.
For example, even if spouses who are both German nationals wish to divorce under Turkish law while residing in Turkey, the proceedings must nevertheless be conducted and concluded under German law, since both spouses share German nationality.
Determination of the Applicable Legal Rules
Just as the judge is obliged to determine ex officio which legal rules are to be applied, the judge must also examine the content and scope of the relevant statutory provisions. If deemed necessary, the court may request information or documents from the Ministry of Justice and the Ministry of Foreign Affairs. It may also seek opinions and assistance in obtaining the relevant legal texts. Furthermore, where appropriate, the court may appoint experts, such as jurists or academics proficient in foreign law and languages, to provide expert opinions.
If the above-mentioned procedures are not carried out within a reasonable time, Turkish law shall ultimately apply, and the divorce proceedings shall continue accordingly.
Custody of Children in Divorce Proceedings for Foreign Nationals in Turkey
Primarily, the laws of the country of which both spouses are nationals shall apply.
If no common nationality exists, the laws of the country where the spouses had their common habitual residence shall apply.
Finally, if neither a common nationality nor a common residence can be established, the provisions of Turkish law concerning divorce and custody shall govern the proceedings.
Divorce and Legal Separation
Article 14 (Act on Private International Law and Procedural Law)
- The grounds and consequences of divorce and legal separation shall be governed by the common national law of the spouses. If the spouses are of different nationalities, the law of their common habitual residence shall apply; in the absence thereof, Turkish law shall apply.
- The provision of the first paragraph shall also apply to maintenance (alimony) claims between divorced spouses. This provision is also applicable in cases of legal separation and annulment of marriage.
- Custody and matters related to custody in divorce proceedings shall likewise be subject to the provision of the first paragraph.
- Turkish law shall apply to requests for interim measures.
Divorce Proceedings in Turkey
In Turkey, divorce proceedings are generally conducted under two categories: contested divorce and uncontested divorce.
- Contested divorce cases are filed when one of the spouses does not consent to the divorce, or when the parties cannot reach an agreement regarding issues such as alimony or child custody.
- Uncontested divorce cases, on the other hand, are possible when both spouses mutually agree to divorce and reach a settlement concerning matters such as child custody, division of property, and alimony.
Can Foreign Nationals Divorce in Turkey?
Yes, there is no legal obstacle to this. Even if foreign nationals were not married in Turkey, they may still file for divorce before the Turkish Family Courts. In such cases, the set of rules previously outlined above shall apply to divorce proceedings involving foreign nationals.
Is Legal Representation by an Attorney Mandatory in Divorce Proceedings in Turkey?
In Turkey, legal representation by an attorney is not mandatory in private law cases, such as divorce, or in public law cases, such as criminal proceedings, except in certain circumstances prescribed by law. If the parties possess sufficient legal knowledge, they may file for divorce on their own. However, in contested divorce cases, it is generally recommended that the proceedings be conducted with the assistance of a lawyer, due to the complexity and technical nature of such cases.
How Long Do Divorce Proceedings Take in Turkey?
It is quite difficult to provide a definitive timeframe. However, it can be stated that uncontested divorce proceedings are usually concluded much faster than contested divorce cases. Properly filed uncontested divorce cases are generally finalized at the first hearing, which typically takes between 15 days and 1 month.
Is It Easy to Get Divorced in Turkey?
For foreign nationals, divorce proceedings in Turkey may involve comparatively more legal procedures than those for Turkish citizens. For instance, as explained above, it is first necessary to determine the applicable law. If foreign law is to be applied, this may require translation of legal texts into Turkish or the appointment of experts to provide legal opinions. Such additional procedures can prolong the divorce process.
However, if uncontested divorce is also recognized under the laws of the spouses’ common nationality, as it is under Turkish law, the process becomes considerably easier. In such cases, foreign nationals may file for divorce in Turkey by submitting a notarized or sworn Turkish translation of their uncontested divorce agreement, which greatly facilitates the proceedings.