REASONS FOR INVALIDITY, NULLITY, AND ABSOLUTE NULLITY OF MARRIAGE
A marriage contract, from the moment it is established between the parties, produces very strong legal, financial, and social consequences. However, the establishment of a marriage does not mean that it will remain legally valid for life. If the legislator determines that a marriage has serious deficiencies that impair the social order, moral structure, or the free will of the parties, it has foreseen a special regime of invalidity for the termination of such a marriage.
“Vulnerable Marriages,” regulated in Articles 145 to 160 of the Turkish Civil Code, have a unique family law character, different from the logic of general contract law. While in contract law a void contract is considered never to have come into being, in family law a void (invalid) marriage continues to produce all the consequences of a valid marriage until it is annulled by the court.
1.1. Distinguishing Between “Nullity” and “Invalidity” in Marriage
When determining the legal outcome of a flawed marriage, it is first necessary to clarify whether the transaction is tainted by “nullity” or “invalidity.” This distinction fundamentally alters the procedure for filing a lawsuit and the rights of the parties.
A. Nullity (Lack of Constituent Elements)
For a marriage to legally exist, it must possess at least the “constituent elements.” In Turkish law, the constituent elements of marriage are: the parties being of different genders (male and female) and the declaration of their intention to marry before an official marriage officer.
If two people of the same gender marry, or if the marriage is performed only through a religious/customary ceremony without an official marriage officer, the marriage is considered “null and void.”
In the case of nullity, since there is no legally binding marriage bond to be annulled, there is no need to obtain an annulment decision from the court; anyone can invoke this nullity at any time.
B. Invalidity (Invalidity)
The constituent elements are present; In other words, a woman and a man have been married in front of a public official. However, the mandatory rules of law regarding the essence of marriage, the legal capacity of the parties, or their will have been violated. Here, the marriage has legally come into existence, but it is defective. This defect manifests as either absolute nullity or relative nullity.
1.2. Grounds for Absolute Nullity (Turkish Civil Code Article 145)
According to Turkish Civil Code Article 145, the most serious defects that directly concern public order and public health, and which cannot be corrected retroactively, are regulated under the heading of Absolute Nullity in a limited (numbered) manner. A marriage is absolutely void if any of the following four situations exist:
Grounds for Absolute Nullity (Turkish Civil Code, Article 145):
├── 1. One of the spouses is already married at the time of the marriage (Existing Marriage)
├── 2. One of the spouses is permanently incapacitated at the time of the marriage due to a lasting reason
├── 3. One of the spouses has a mental illness to a degree that prevents marriage
└── 4. There is a degree of kinship between the spouses that legally prohibits marriage
- Existing Marriage (Turkish Civil Code, Article 145/1)
If one of the spouses has another marriage that has not yet been officially dissolved (divorce not finalized or the spouse is not deceased) at the time of the marriage, the second marriage is absolutely void. Turkish law strictly prohibits two marriages (bigamy/polygamy).
- Permanent Lack of Capacity to Discern (Turkish Civil Code, Article 145/2)
This occurs when one of the spouses, at the time of marriage, permanently lacks the mental or physiological capacity to discern to the extent that they cannot comprehend the consequences of their decisions. (Temporary lack of capacity is a reason for relative nullity).
- Mental Illness that Prevents Marriage (Turkish Civil Code, Article 145/3)
The presence of a severe mental illness in one of the spouses, as officially documented by a medical board, that prevents marriage, invalidates the marriage.
- Prohibited Kinship (Turkish Civil Code, Article 145/4)
This occurs when it is discovered after the marriage ceremony that the spouses are actually related by blood in a manner that constitutes a definitive prohibition on marriage (Turkish Civil Code, Article 129), such as ascendants, descendants, siblings, uncles, aunts, nephews, or in-laws.
1.3. Characteristics and Limitations of Absolute Nullity Actions
Since grounds for absolute nullity relate to public order, the initiation and conduct of the action are subject to strict rules:
Authority to Initiate a Lawsuit: An absolute nullity action can be initiated ex officio (automatically) by the Public Prosecutor. At the same time, any interested party (e.g., the first spouse, heirs, parents) can request the initiation of this action. No Statute of Limitations: There is no time limit for initiating an absolute nullity action. It can be initiated at any time as long as the marriage continues, even if the marriage has ended by death. Exceptional Circumstances (Protection of Good Faith – Turkish Civil Code Article 147): If the capacity to discern is subsequently restored, or if the mentally ill person recovers, the authority to initiate the lawsuit passes only to that spouse; the prosecutor cannot initiate the lawsuit. Furthermore, if the second spouse who marries a married person is acting entirely in good faith (unaware that the other party is already married) and the first marriage ends in divorce/death while the annulment proceedings for the second marriage are ongoing, the second marriage cannot be annulled.
We only had an Islamic marriage ceremony without a civil marriage; is this marriage void?
No, it is not void, it is considered “non-existent.” To speak of a void (invalid) marriage, first…A marriage must be performed in front of a public official. Religious ceremonies performed without a civil marriage are considered null and void in the legal world and do not grant the parties the status of spouse.
I learned that my spouse has schizophrenia before marriage; will our marriage be automatically annulled?
No, no marriage is automatically annulled, even if it is absolutely void. For a marriage to be deemed invalid, a “Marriage Annulment Due to Absolute Nullity” lawsuit must be filed in the Family Court, and the court must issue an annulment decision. Until the court decision, your marriage is legally valid.
Which court is competent and authorized in an absolute nullity lawsuit?
In marriage annulment (nullity) lawsuits, the competent court is the Family Court (or the Civil Court of First Instance acting as the Family Court in places where there is no Family Court); the authorized court is the court of the place of residence of one of the spouses or the court of the place where they last lived together for 6 months before the lawsuit.
RELATIVE GROUNDS FOR NULLPTION AND STATUTE OF LIMITATIONS
While absolute grounds for nullity concern public order and grant the right to sue to a wide range of parties, including the public prosecutor’s office; relative grounds for nullity aim entirely to protect the personal freedom of will and personal interests of the spouses. In this case, the constituent elements and legal capacity are present when the marriage contract is concluded, but the intention of one of the spouses to marry is impaired.
The grounds for relative nullity, regulated in Articles 148 to 153 of the Turkish Civil Code, are grouped under four main headings: temporary loss of capacity to discern, error, deception, and intimidation (threat). A marriage impaired by these grounds does not automatically become invalid; unless the spouse whose intention is impaired files a lawsuit within the prescribed period to have the marriage annulled, the marriage continues in a fully valid manner.
2.1. Grounds for Relative Nullity
- Temporary Lack of Capacity to Discern (Turkish Civil Code, Article 148)
This occurs when one of the spouses, at the time of the marriage contract (at the wedding ceremony), temporarily lacks the capacity to discern.
Examples: Being under the influence of excessive alcohol or drugs, getting married during an accident or shock, declaring one’s will under the influence of a strong medical drug.
The spouse may request the annulment of this marriage after regaining consciousness.
- Error (Mistake – Turkish Civil Code, Article 149)
The law does not consider every error in marriage as a ground for annulment, but limits it to two qualified situations:
Error in Contract (Turkish Civil Code, Article 149/1): Saying “yes” by mistake at the wedding ceremony when one does not want to marry or absolutely does not want to marry the person (Error in nature and person).
Error in Recognition of Qualification (Turkish Civil Code Article 149/2): Being mistaken about a quality (qualification) in one’s spouse that would make marriage unbearable for oneself. For example, believing one’s spouse to be infertile and to have a clean record, only to learn the opposite. However, this quality must severely affect the marital union to the point where it is impossible to continue living together.
- Deception (Fraud – Turkish Civil Code Article 150)
Being tricked into marriage through the lies, forged documents, or deliberate silence of one’s spouse or a third party.
Conditions for Annulment Due to Deception (Fraud):
├── Directly deceiving the spouse regarding their honor and reputation (e.g., Concealing a history of serious, shameful crimes)
└── Concealing a disease that poses a health risk to oneself or one’s children
├── (e.g., Concealing infectious/fatal sexually transmitted diseases, serious genetic disorders)
- Coercion (Threat/Suspicion – Turkish Civil Code Article 151)
This refers to being forced into marriage by creating an imminent and serious danger to one’s life, health, honor, and reputation, or that of a close relative (by force of arms, blackmail, family pressure, or death threats).
2.2. Right to File a Lawsuit and Statute of Limitations (Turkish Civil Code Article 152)
A lawsuit for relative nullity, unlike a lawsuit for absolute nullity, is not an open-ended lawsuit that can be filed by anyone. The legislator has set very strict time limits for this right in order to protect the stability of the marriage.
Only Spouses Can File: The Public Prosecutor or heirs cannot file a lawsuit for relative nullity while the spouses are alive. The right to sue belongs only to the spouse whose will has been impaired. Statute of Limitations: The right to file a lawsuit for annulment expires 6 months from the date the error or deception was learned, or from the date the fear (threat) ceased, and in any case, 5 years after the marriage. Critical Time Control: A spouse who learns of infidelity in the 6th year of marriage can no longer file a lawsuit for relative nullity, even within the 6-month period, because the 5-year upper limit (statute of limitations) has expired; however, they can file a general divorce lawsuit.
2.3. Legal Representative’s Right to Sue (Turkish Civil Code Article 153)
Minors who have reached the age of 17 or those under guardianship can only marry with the permission of their legal representative (guardian/custodian). If a marriage has been secretly performed without this permission:
The legal representative (mother, father, or guardian) can file a lawsuit for relative nullity to annul the marriage. Expiration of the Time Limit: If the minor reaches the age of 18 and becomes an adult during this period, if the guardianship status of the person under guardianship ends, or if the woman becomes pregnant, the legal representative’s right to file a lawsuit to annul the marriage is extinguished. My SpouseI learned that he had gambling debts before the marriage and hid them from me. Can I have the marriage annulled?
In Supreme Court rulings, concealing financial matters, debts, or salary is not considered a “fraud” (relative nullity) that directly undermines the marriage. While this situation may make cohabitation unbearable, it should be the subject of a general divorce case based on “the fundamental breakdown of the marital union,” not a relative nullity case.
I was married at gunpoint; when do I have time to file a lawsuit for annulment?
In marriages conducted under duress (threat), the 6-month period for filing a lawsuit begins from the day the fear and threat completely disappear. The 6-month period does not run as long as the threat continues. However, if 5 years have passed since the date of the marriage, your right to file an annulment lawsuit expires.
If one of the spouses dies while a relative nullity lawsuit is ongoing, does the lawsuit lapse?
No, the lawsuit does not lapse completely. Turkish Civil Code Article… According to Article 159, the right to sue does not pass to the heirs, but the heirs can continue the lawsuit that has already been filed. If the heirs of the plaintiff spouse continue the lawsuit and prevail, the surviving defendant spouse cannot become the legal heir of the deceased and loses any property bequests made before the marriage.
LEGAL CONSEQUENCES OF A NULL AND VOID DECLARATION, PROPERTY REGIME, AND THE STATUS OF CHILDREN
In general contract law, when a contract is void, it is considered never to have come into existence retroactively (ex tunc) from the moment it was made, and the parties return what they received according to the provisions of unjust enrichment. However, this is not the case in family law. In order to protect the social structure, the good faith of the spouses in the process, and most importantly, the children, the legislator has established a very different invalidity regime.
The consequences of null and void declarations, regulated in Articles 156 to 160 of the Turkish Civil Code, are based on the principle that “Marriage produces all the consequences of a valid marriage until a court decision.” Therefore, until the court issues an annulment decision, a legal marriage exists, and the annulment decision has prospective (ex nunc) effects.
3.1. Consequences of Annulment of Marriage for Spouses (Turkish Civil Code Articles 156-158)
When a court decides to annul a marriage due to absolute or relative nullity, the spouses remain legally married until this decision becomes final. With the finalization of the decision, the marriage ends prospectively.
Protection of Acquired Personal Status: Personal statuses acquired through marriage, such as citizenship, legal age (maturity), or surname, are preserved even if the marriage is annulled. However, the provisions regarding the status of a divorced woman also apply here; the woman regains her maiden surname.
Inheritance Rights: From the moment the annulment decision becomes final, the spouses’ right to inherit from each other ceases. Spouses cannot be each other’s legal heirs.
The Effect of Spouses’ Good Faith on Property Regime and Alimony (Turkish Civil Code Article 157)
When a decision is made to annul a marriage, whether the spouses were aware of the reason for the invalidity at the time of the marriage (whether they acted in good faith) is a determining factor in the distribution of material rights:
Distribution of Spouses’ Rights After the Annulment Decision:
├── [Good Faith Spouse] ───> Participates in the liquidation of the property regime as in a divorce,
│ Can request material/moral compensation and alimony.
└── [Bad Faith Spouse] ───> Cannot benefit from the annulment of the marriage, may lose the rights to participate in the surplus value arising from the property regime, and cannot claim compensation.
3.2. Legal Status of Children and Paternity (Turkish Civil Code Article 157/1)
Regardless of whether the marriage between spouses is absolutely or relatively void, this void cannot be reflected in any way on the children. The legislator has established a definitive rule to protect the rights of children:
“Even if the court decides that the marriage is void, children born from this marriage are considered to have been born within the marriage, even if the parents were not acting in good faith.” (Turkish Civil Code Article 157/1)
Protection of Paternity: Children do not lose their status as children born within marriage. They remain in the father’s population registry and become the father’s legal heirs. Paternity remains valid unless a lawsuit for the denial of paternity is filed. Custody, Alimony, and Personal Relationship: In a lawsuit for the annulment of marriage, the situation of the children is handled just like a divorce case. The judge, considering the best interests of the child, grants custody to one of the parents. The days for the parent who does not obtain custody to have personal contact with the child are determined, and child support payments are awarded in favor of the child.
3.3. Transfer of the Right to Sue to Heirs (Turkish Civil Code Article 159)
The right to file a lawsuit for annulment of marriage is, as a rule, a right strictly attached to the individual. However, if the parties die after the lawsuit is filed, the rights of the heirs are protected by law:
Death During the Lawsuit: If a lawsuit for absolute or relative nullity has been filed and the plaintiff spouse dies while the trial is ongoing, the heirs of the deceased spouse can take over and continue the lawsuit from where it left off.
Consequences of the Heirs Winning: If the heirs continue the lawsuit and the court rules in favor of annulling the marriage, and if it is deemed that the surviving (defendant) spouse acted in bad faith, this spouse can take over the lawsuit from where it left off.You cannot inherit from your spouse and you lose your rights arising from testamentary dispositions (wills) made before the marriage.
If our marriage is annulled by absolute nullity, how will the assets acquired during the marriage be divided?
If you were acting in good faith when the marriage was solemnized (for example, if you did not know that your spouse was actually married or that there was a kinship between you), the marriage will be dissolved like a legal divorce, and the provisions of the community property regime will apply. However, if you married in bad faith knowing the reason for invalidity, you may lose your rights arising from the property regime.
Can I receive temporary alimony from my spouse while the annulment of marriage case is ongoing?
Yes, you can. According to Article 160 of the Turkish Civil Code, temporary measures applied in divorce cases are also applied in annulment cases. From the moment the case is filed, the judge is obliged to take temporary measures (interim alimony, housing allocation, etc.) regarding the spouses’ housing, livelihood, management of assets, and childcare ex officio.
I was forced into marriage by my father and filed a lawsuit for relative nullity. My spouse passed away before the case was concluded. What will happen to my rights?
If your spouse passed away after you filed the lawsuit, your heirs or you can continue the case. If the court determines that you were in the right (that you were married under duress), the marriage will be annulled, and the legal inheritance claims of the party acting in bad faith (or their heirs) will be forfeited.
INTERNATIONAL PRIVATE LAW (MÖHUK) AND THE FOREIGN ELEMENT DIMENSION
Laws for the invalidity and annulment of marriage become a multi-layered international law problem when one of the parties is a foreign national or the marriage took place abroad. At this stage, the questions of which country’s courts have jurisdiction and which country’s substantive law will be applied in resolving the dispute are answered according to the provisions of Law No. 5718 on International Private Law and Procedural Law (MÖHUK).
The Turkish Private International Law Act (MÖHUK) protects both the national laws of the spouses and the Turkish public order in the process of annulment of marriage.
4.1. Applicable Law to Annulment of Marriage (MÖHUK Article 13)
According to MÖHUK Article 13/1, the capacity and conditions for marriage are subject to the national law of each party at the time of marriage. As a natural consequence of this rule, whether the marriage is absolutely or relatively void is determined according to the national laws of the spouses at the time of marriage.
Double Capacity Check: When the annulment of a marriage between a Turkish citizen and a foreigner is requested in Türkiye, the court, when examining the grounds for annulment, bases its decision on the civil code of the foreign spouse’s country and the Turkish Civil Code of the Turkish spouse. Annulments Arising from Formal Errors (MÖHUK Article 13/2): The law of the country where the marriage was performed applies to the formal requirements (procedure for the marriage ceremony). If a marriage is performed abroad and the formal requirements of that country are not met, this situation can be the subject of a “validity due to formal deficiency” lawsuit in Türkiye.
4.2. The Turkish Public Order Barrier in Marriages of Foreigners (Turkish Private International Law Act, Article 5)
One of the most dynamic mechanisms of international family law is the intervention of “Public Order” (Ordre Public). According to Article 5 of the Turkish Private International Law Act, in a situation where the applicable foreign law should be applied, if that provision is clearly contrary to Turkish public order, it cannot be applied, and Turkish law is applied directly in its place.
Public Order Filter in Foreign Elements:
[National Law of the Foreign Spouse] ───> [Permits Polygamy / Child Marriage]
│
▼
[Article 1 of the Turkish Code of Private International Law] [5 Public Order Obstacles] ───> [Foreign Law is Disregarded]
│
▼
[Turkish Civil Code Applies] ───> [A Lawsuit for Annulment of Marriage by Absolute Nullity is Filed]
Example of Polygamy: The national law of the foreign spouse (e.g., the laws of some Middle Eastern countries) may allow the man to marry more than one woman. However, if this foreign person performs a second official marriage in Türkiye (or attempts to transfer their multiple marriages from abroad to Türkiye), Turkish courts will completely reject the foreign law. According to Article 145/1 of the Turkish Civil Code, they will decide to annul the second marriage due to absolute nullity.
4.3. International Jurisdiction, Competence, and Recognition-Enforcement Problems
In annulment cases involving foreign elements, where the case is filed and the fate of annulment decisions obtained abroad in Türkiye are of great importance.
A. International Jurisdiction of Turkish Courts (Turkish Private International Law Act, Article 41)
Article 41 of the Turkish Private International Law Act establishes a special jurisdiction rule for annulment cases of marriages filed by Turkish citizens who do not reside in Türkiye or by foreigners with ties to Turkey:
Annulment cases filed by or against Turkish citizens who do not reside in Türkiye shall be heard in the court of the place of residence of the person concerned in Türkiye, or if that is not possible, in the court of their last place of residence in Türkiye; and if that is also not possible, in the courts of Istanbul, Ankara, or Izmir.
B. Recognition of Foreign Court Decisions (Turkish Private International Law Act, Article 58)
Spouses are marriedIf a couple has ended their marriage with a “nullification/annulment” decision in a foreign court (for example, a German Family Court), this decision is not directly valid in Türkiye.
For the annulment decision of the foreign court to be registered in Turkish population records, a “Recognition Lawsuit” must be filed in Türkiye.
The court recognizes the decision by examining whether the foreign judgment is contrary to Turkish public order and whether the parties were given the right to defense. The moment the decision is recognized, the marriage is considered retroactively annulled in Türkiye as well. I married my foreign spouse in their own country. It turns out they are still married in their own country. Can I file an annulment lawsuit in Türkiye?
Yes, you can. Bigamy is absolutely contrary to Turkish public order (Article 5 of the Turkish Private International Law Act). The fact that your spouse is foreign does not change this. You can request the annulment of the marriage due to absolute nullity in the Turkish Family Court, based on Article 145/1 of the Turkish Civil Code.
Does a “marriage annulment” decision issued by a foreign court have direct validity in Türkiye?
No, it does not have direct validity. For foreign court decisions to have legal effect in Türkiye, a “recognition” lawsuit must be filed in the Turkish Family Court in accordance with the provisions of the Private International Law Act, and the court must approve the foreign decision. Otherwise, you will still be considered married in Türkiye.
Which law applies in a marriage annulment case involving a foreigner with refugee status?
According to Article 4/c of the Private International Law Act, national law cannot be applied to legal proceedings involving stateless persons, refugees, and asylum seekers. Therefore, the law of their place of residence, or if that is not possible, the law of the country where they actually reside, applies. Consequently, in a marriage annulment case involving a refugee living in Türkiye, the provisions of the Turkish Civil Code apply directly.
FOREIGNERS LAW, RESIDENCE PERMITS, DEPORTATION, AND CITIZENSHIP REVOCATIONS
Decisions regarding the annulment (nullification) of void marriages are not limited to family law and property division; when a foreign element is involved, the Law No. 6458 on Foreigners and International Protection (YUKK) and the Turkish Citizenship Law No. 5901 directly come into play.
A foreign national’s residence permit, visa status, deportation risks, and even acquired Turkish citizenship in Türkiye are directly dependent on the nature (absolute or relative) of the annulment decision by the family court and, most importantly, whether the foreigner acted in “good faith.”
5.1. The Effect of Marriage Annulment on Family Residence Permits (YUKK Articles 34-36)
Foreigners married to Turkish citizens in Türkiye are legally granted a “Family Residence Permit.” However, when this marriage is annulled by a court decision (declared null and void), the foreigner’s residence status becomes precarious.
- Malicious (Collusion/Agreement) Marriages
If the reason for the annulment of the marriage, whether absolute or relative, is false statements, forged documents, or an agreement (collusion) marriage made solely for the purpose of obtaining a residence permit or citizenship:
The General Directorate of Migration Management immediately revokes the family residence permit. Residence permits previously granted to the foreigner may be retroactively deemed invalid, and an administrative fine will be imposed on the foreigner for “visa/residence violation.”
- Protection of Good-Faith Foreigners (Transition to Short-Term Residence)
Law on Foreigners and International Protection, Article… According to Article 36, foreigners married to Turkish citizens and residing in Türkiye with a family residence permit can switch to a “Short-Term Residence Permit” under certain conditions if their marriage is annulled:
3-Year Condition: If the marriage lasted at least 3 years before the annulment lawsuit was filed, and the foreigner was acting in good faith to the extent that they were unaware of the marriage’s invalidity, they can apply for a short-term residence permit after the family residence permit is revoked. Exception for Being a Victim of Violence: If the foreign spouse requested the annulment of the marriage due to severe violence from the Turkish spouse (for example, filing a relative annulment lawsuit due to intimidation/threats), the 3-year marriage requirement is waived. The foreigner can directly obtain a short-term residence permit.
5.2. Deportation Orders and Entry Bans (Law on Foreigners and International Protection, Article 54)
Annulment of a marriage by a decision of nullity directly triggers the deportation process for a foreigner acting in bad faith. Law on Foreigners and International Protection, Article 54… According to Article 54, a deportation order is issued against a foreigner in the following cases:
False Statement and Forged Documents (Law No. 5901, Article 54/1-h): Foreigners who have used forged documents in residence permit procedures, or whose marriage is confirmed as merely on paper (by agreement) by a family court decision, are deported. Loss of Legal Residence Right: Since the family residence permit loses its validity from the moment the annulment of the marriage is finalized, the foreigner is generally given up to 10 days to leave the country. If the foreigner does not leave Türkiye within this period or cannot obtain another legal residence permit (tourist, work, etc.), they are apprehended by law enforcement, deported, and a ban on entry into Türkiye (restriction code) is imposed.
5.3. Cancellation of Acquired Turkish Citizenship (Law No. 5901, Articles 16 and 31)
Turkish Citizenship Law, Article 16Accordingly, foreigners who have been married to a Turkish citizen for at least 3 years and whose marriage is still ongoing can apply for Turkish citizenship. However, if the marriage is subsequently declared null and void in a lawsuit, the fate of citizenship will be determined based on the foreigner’s intentions.
Effect of a Null and Void Decision on Citizenship (Law No. 5901, Article 16/2):
├── [Foreigner in Good Faith in Marriage] ───> Turkish citizenship is RETAINED.
└── [Foreigner in Bad Faith in Marriage] ───> Turkish citizenship is REVOKED (Retroactively).
Good Faith Preserves Turkish Citizenship: If a foreigner, at the time of marriage, was unaware of the existence of circumstances that would invalidate the marriage (for example, unaware that their spouse had a hidden mental illness or was already married), they will not lose their legally acquired Turkish citizenship even if the marriage is annulled. Annulment of Citizenship of a Foreigner Acting in Bad Faith (Article 31): If it is determined that the foreigner’s marriage was solely for the purpose of obtaining citizenship, that they used forged identity/documents, or that they made false statements (fraud), the decision to grant citizenship will be revoked. The decision to revoke citizenship takes effect retroactively from the date of the decision, and the foreigner will be considered as never having been a Turkish citizen. It was revealed that I married my Turkish spouse by agreement (for money), and the marriage was annulled. Will I be deported from Türkiye?
Yes. If it is established by a court decision that the marriage was made to deceive official authorities (collusion), your family residence permit will be immediately revoked. In accordance with Article 54 of the Law on Foreigners and International Protection, a deportation order will be issued against you, and you will be banned from entering Türkiye for a certain period.
I filed a lawsuit to annul my marriage, but my residence permit in Türkiye is about to expire. What should I do?
Filing an annulment lawsuit does not automatically grant a foreigner legal right to stay in Türkiye. Before your residence permit expires, it is crucial to apply to the Directorate of Migration Management for a new type of residence permit, such as a “humanitarian residence permit” or “short-term residence permit,” citing the ongoing lawsuit or, if you meet the conditions, applying for a similar permit, to protect your legal rights.
I became a Turkish citizen through marriage. My spouse filed a lawsuit citing absolute nullity, which they concealed from me, and the marriage was annulled. Will my citizenship be revoked?
If you were unaware of this absolute nullity at the time of marriage and acted in good faith, according to Article 16/2 of the Turkish Citizenship Law, the annulment of the marriage will not affect your citizenship; you will remain a Turkish citizen. However, if it is proven that you were aware of this defect or that you committed fraud, your citizenship will be revoked.
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