Divorce in Turkey vs. Recognition of a Foreign Divorce Decree
(“Tanıma” and “Tenfiz” Explained for Foreigners)
If you have connections to Turkey – a Turkish spouse, Turkish citizenship, property or children living here – the way your divorce is handled can have very different consequences. Broadly, there are two main paths:
- Filing a divorce case directly in Turkey, or
- Using an existing foreign divorce judgment and having it recognised and/or enforced in Turkey (tanıma–tenfiz).
Understanding the distinction is essential if you want your marital status, custody arrangements and property regime to be properly reflected under Turkish law.
1. Divorce cases filed in Turkey
Divorce in Turkey is governed mainly by the Turkish Civil Code and heard before the Family Courts. Where there is a foreign element (foreign spouse, marriage abroad, residence abroad), jurisdiction and applicable law are determined by the Private International and Procedural Law No. 5718 (PIL).
In practice, Turkish courts may have jurisdiction, for example, if:
- at least one spouse is a Turkish citizen,
- one spouse is habitually resident in Turkey, or
- the divorce has a close connection with Turkey (e.g. family life or property in Turkey).
There are two main categories:
a) Contested divorce
One spouse sues the other, alleging specific grounds (adultery, severe incompatibility, abandonment, violence, etc.) or a general “breakdown of the marital union”. Evidence is heard, witnesses are called and proceedings can be lengthy.
For foreign spouses, contested divorce in Turkey may be appropriate when:
- both live in Turkey,
- evidence and witnesses are located here, or
- they want the Turkish court to rule comprehensively on custody, alimony and property division under Turkish law.
b) Uncontested divorce (mutual consent)
If the marriage has lasted at least one year, spouses may choose a faster route: uncontested divorce under Article 166/3 Civil Code.
Conditions include:
- the marriage has lasted 1+ years,
- the spouses agree on all consequences (custody, child and spousal maintenance, compensation, property settlement, surname, etc.),
- both spouses appear in court personally once to confirm their free will, and
- the judge finds their divorce protocol fair, especially regarding children.
For many mixed-nationality couples who already live in Turkey, uncontested divorce is often the most efficient way to obtain a Turkish divorce judgment that automatically covers status and related financial issues.
2. Foreign divorce judgments: “tanıma” and “tenfiz”
If you have already divorced abroad, that foreign judgment does not automatically take effect in Turkey. Until it is recognised, Turkish civil records may still show you as “married”, which can affect inheritance, re-marriage, property transactions and even some administrative procedures.
Under PIL Law No. 5718, foreign judgments are dealt with via:
- Recognition (tanıma):
Turkey accepts the foreign judgment as valid and final for status purposes. For divorce, recognition alone is usually enough to update marital status. - Enforcement (tenfiz):
Grants the judgment enforceability in Turkey – necessary for orders that require execution, such as alimony, compensation or property division.
So, for a foreign divorce judgment that includes only the dissolution of marriage, a recognition decision may be sufficient. However, where the same judgment also rules on maintenance, damages, custody or property division, you normally need an enforcement decision to execute those parts through Turkish enforcement offices.
Basic conditions for recognition / enforcement
Articles 50–59 PIL set out several conditions, including that:
- the foreign judgment relates to a private-law matter and is final under the law of that country,
- the foreign court was competent under its own law and did not rely on an “exorbitant” jurisdiction ground that Turkey finds unacceptable,
- the decision is not clearly contrary to Turkish public order,
- the party against whom enforcement is sought had proper notice and a chance to defend, and
- there is no conflicting Turkish judgment between the same parties on the same matter, nor a pending Turkish case that was started earlier.
If these conditions are met, the Turkish Family Court can issue a short decision recognising and/or enforcing the foreign divorce decree, without re-examining who was “right” or whether the foreign court correctly applied the law. The merits are not re-tried.
3. Administrative registration at the civil registry (Article 27/A)
A major reform was introduced by Article 27/A of the Population Services Law No. 5490, which allows certain foreign divorce decisions to be registered directly with the civil registry offices or Turkish consulates, without a court case.
Key features:
- It applies to foreign decisions concerning divorce, annulment, nullity, or determination of the existence/non-existence of a marriage.
- At least one spouse must be a Turkish citizen.
- The foreign decision must be final, issued by a competent authority and not clearly contrary to Turkish public order.
- If both spouses are Turkish, they generally must apply together (or through authorised representatives). If one is foreign or deceased, the Turkish spouse can usually apply alone.
This procedure allows the civil registry to update your status to “divorced” without a court judgment in Turkey. However, it does not implement foreign orders on alimony, custody, compensation or property division. For those parts you still need enforcement through the courts.
If the registry refuses your application (for example, because public-order or formal conditions are not met), you can still file a recognition lawsuit before the Family Court.
4. New Turkish divorce vs. recognising an existing foreign divorce
If you are already divorced abroad, the usual and correct path in Turkey is recognition/enforcement, not a second divorce case. After a foreign decree has been recognised and enforced, it has the same effect as a Turkish judgment, and courts will generally not entertain a new divorce action about the same marriage.
Filing a fresh divorce case in Turkey when a valid foreign decree exists can cause:
- confusion over your marital status,
- conflicts between judgments, and
- problems with limitation periods for compensation or property claims that often start running from the date the foreign divorce became final.
By contrast, if there is no foreign judgment yet, but your life, assets and evidence are mainly in Turkey, starting a Turkish divorce case (often uncontested) may be the more efficient strategy.
5. Practical tips for foreigners
- Check your status in Turkey. Even if you hold a foreign divorce decree, you may still appear as “married” in the Turkish civil registry until recognition/registration is completed.
- Decide your route early:
- If you are planning to divorce abroad first (e.g. both spouses live there), budget time and cost for a later tanıma–tenfiz step in Turkey.
- If one of you lives in Turkey and you want a single, comprehensive decision, consider divorcing directly in Turkey.
- Collect proper documents: certified copies of the foreign judgment, proof of finality, apostille/legalisation and sworn translations will be needed for both court and administrative procedures.
- Think beyond status: if you need to enforce maintenance, custody or property provisions in Turkey, make sure your recognition strategy includes enforcement (tenfiz) where necessary.
- Get legal advice: international family law is technical. An experienced Turkish family lawyer can map out jurisdiction, applicable law, recognition options and the effect on property and inheritance.
This text provides general information only and cannot replace personalised legal advice. Each case must be evaluated individually, taking into account nationality, residence, children, assets and the details of the foreign judgment.
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