Divorce in Turkey: A Comprehensive Legal Guide for Foreigners

Navigating the end of a marriage in a foreign country adds layers of complexity to an already stressful life event. In Turkey, the divorce process is governed primarily by the Turkish Civil Code and the International Private and Civil Procedure Law (MÖHUK). Whether you are married to a Turkish citizen or both spouses are foreign nationals, the Turkish judicial system provides a clear path for dissolution, provided the correct legal procedures are followed.

1. Jurisdiction: Can You Divorce in Turkey?

The first question is whether Turkish Family Courts have the authority to hear your case. According to MÖHUK Article 14, Turkish courts have jurisdiction if:

• The spouses have a common habitual residence in Turkey.
• The applicant spouse has been residing in Turkey for at least six months prior to filing.
• The defendant is a Turkish citizen or is currently residing in Turkey.

Important: Even if you were married in another country, you can still obtain a divorce in Turkey as long as your marriage is recognized and registered with the local Civil Registry Office (Nüfus Müdürlüğü).

2. Applicable Law: Which Country’s Rules Apply?

Turkish judges do not automatically apply Turkish law to every case. The court follows a specific hierarchy to determine the applicable law:

1. Common National Law: If both spouses are citizens of the same country (e.g., both are French), the laws of that country apply.
2. Habitual Residence: If spouses have different nationalities, the law of their common habitual residence (usually Turkish Law for expats) applies.
3. Turkish Law (Default): If there is no common residence or nationality, Turkish law becomes the default governing law.

3. Types of Divorce in Turkey

There are two primary ways to finalize a divorce in Turkey:

A. Uncontested (Consensual) Divorce (Anlaşmalı Boşanma)

This is the fastest and most preferred method. It is essentially a “one-session divorce.”

• Condition: The marriage must have lasted at least one year.
• The Protocol: Spouses must sign a “Divorce Protocol” agreeing on all terms: child custody, alimony, and property division.
• Appearance: Both spouses must appear in person before the judge to confirm their free will. Lawyers cannot testify on behalf of the clients for this specific confirmation.

B. Contested Divorce (Çekişmeli Boşanma)

If one party refuses to divorce or if there is no agreement on terms, a contested case is filed. This can take 1 to 3 years. Grounds for a contested divorce in Turkey include:

• General Grounds: Irretrievable breakdown of the marriage (the most common ground).
• Special Grounds: Adultery, criminal behavior, desertion (abandonment for at least 6 months), or mental illness.

4. Financial Consequences: Alimony and Compensation

The Turkish court can award several types of financial support:

• Temporary Alimony: Paid during the trial for the support of the spouse and children.
• Poverty Alimony (Yoksulluk Nafakası): Paid post-divorce to the spouse who will fall into poverty due to the divorce, provided they are not the “more at fault” party.
• Material & Moral Compensation: A lump-sum payment awarded to the party whose interests were harmed or whose personality rights were attacked during the marriage.

5. Child Custody and International Considerations

In any divorce in Turkey, the “Best Interests of the Child” is the supreme principle.

• Joint Custody: While sole custody was traditional, Turkish courts now increasingly recognize joint custody in line with international human rights standards.
• Travel Restrictions: If there is a risk of one parent taking the child abroad without consent, the court can issue an interim injunction to prevent the child from leaving the country until the case is finalized.

6. Impact on Residency Permits

If your residency is based on a Family Residence Permit through your spouse, this permit will become invalid upon the finalization of the divorce.

• Conversion: You can usually convert your family permit into a Short-Term Residence Permit if you have lived in Turkey with a family permit for at least three years (exceptions apply for victims of domestic violence).

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Procedural Checklist for Foreigners

1. Apostille Documents: Ensure your foreign marriage certificate and birth certificates are apostilled and translated by a Turkish sworn notary.
2. Legal Representation: While not mandatory, hiring a lawyer is highly recommended to navigate the “Exchange of Petitions” phase and ensure your rights are protected under MÖHUK.
3. Recognition (Tanıma): If you divorced abroad, that decree is not automatically valid in Turkey. You must file a “Recognition and Enforcement” lawsuit to update your status in the Turkish registries.

Conclusion

A divorce in Turkey is a structured judicial process that respects international treaties while upholding the principles of the Turkish Civil Code. For foreigners, the key to a smooth transition is understanding the “applicable law” and ensuring that all financial and custodial agreements are documented in a legally binding protocol.