Can a Foreigner Residing in Türkiye File for Divorce Before Turkish Courts?

Yes, in many circumstances a foreign national residing in Türkiye can file a divorce case before a Turkish court.

It is also possible, depending on the circumstances, for two foreign spouses to obtain a divorce judgment from a Turkish court.

Turkish citizenship is not a general prerequisite for filing a divorce action in Türkiye.

However, international divorce cases are substantially more complicated than an ordinary divorce between two Turkish citizens.

Three separate questions must be examined:

1. Do Turkish courts have international jurisdiction?
2. Which Turkish court is territorially competent?
3. Which country’s substantive law will the Turkish judge apply to the divorce?

These questions should never be confused.

A Turkish Family Court may have jurisdiction over the case but still be required to apply foreign divorce law.

For example, two foreign nationals of the same country may live in Istanbul and have sufficient connection with Türkiye for a Turkish court to hear their divorce. Yet the substantive grounds and consequences of the divorce may, under Turkish conflict-of-laws rules, be governed by their common national law rather than Turkish divorce law.

By contrast, spouses of different nationalities who have their common habitual residence in Türkiye may generally find Turkish law applicable to the divorce under Article 14 of the Turkish International Private and Procedural Law Act No. 5718.

Accordingly, the practical question is not simply:

“I live in Türkiye. Can I divorce here?”

The correct analysis is:

“Does a Turkish court have jurisdiction over my divorce, and if it does, which law must that court apply?”

Short Answer

A foreigner may file a divorce case in Türkiye where Turkish courts have international jurisdiction under Law No. 5718.

Article 40 of Law No. 5718 provides that the international jurisdiction of Turkish courts is determined through the domestic territorial-jurisdiction rules.

For divorce cases, Article 168 of the Turkish Civil Code provides that the competent court is the court of:

• the domicile of either spouse; or
• the place where the spouses last lived together for at least six months before the divorce action.

Therefore, where a foreign spouse has legally established domicile in Türkiye—or the statutory last-common-residence rule is satisfied—a Turkish court may have international jurisdiction over the divorce.

However, having a Turkish residence permit does not automatically mean that every Turkish Family Court is competent.

Under Article 19 of the Turkish Civil Code, domicile means the place where a person resides with the intention of remaining permanently.

The court may therefore examine the real factual connection with Türkiye rather than relying only on the existence of a residence card.

Can Two Foreigners Divorce in Türkiye?

Yes, potentially.

There is no general rule requiring at least one spouse to be a Turkish citizen.

For example:

• two Iranian nationals living in Istanbul;
• two Russian nationals living in Antalya;
• a German citizen married to a French citizen living in Türkiye;
• a British citizen married to an American citizen living in Ankara

may potentially have their divorce heard by a Turkish court if the Turkish international and territorial jurisdiction rules are satisfied.

The Turkish court’s international jurisdiction comes from Article 40 of Law No. 5718 together with the relevant domestic venue rules.

This is one of the most important principles of Turkish international family law:

foreign nationality alone does not prevent access to Turkish divorce courts.

Which Court Handles a Foreigner’s Divorce in Türkiye?

Divorce proceedings fall within family law.

Under Law No. 4787, Family Courts have jurisdiction over family-law disputes arising under the relevant provisions of the Turkish Civil Code. Where no separate Family Court has been established, the designated Civil Court of First Instance hears the matter in the capacity of a Family Court.

Therefore, in a typical international divorce case, the action is filed before the competent:

Aile Mahkemesi — Turkish Family Court.

The existence of a foreign element does not normally transform the case into a commercial, administrative or ordinary civil dispute.

Which City in Türkiye Is Competent for the Divorce?

Article 168 of the Turkish Civil Code provides two principal alternatives.

The divorce may be filed before the court of:

1. the domicile of either spouse; or

2. the place where the spouses last lived together for at least six months before the case was filed.

For example:

A foreign wife lives permanently in Istanbul.

Her husband has returned to Germany.

If Istanbul qualifies as the wife’s legal domicile, the competent Family Court in Istanbul may potentially hear the divorce.

Another example:

The spouses lived together in Antalya for several years.

They separated three months ago.

One moves to another Turkish city.

The Antalya court may still potentially be competent under the last-six-month common residence rule.

Is a Turkish Residence Permit Enough to Establish Jurisdiction?

Not necessarily by itself.

This point requires care.

A Turkish residence permit is strong evidence that the foreigner legally lives in Türkiye.

But Turkish Civil Code Article 19 defines legal domicile by reference to living in a place with an intention of permanent residence.

Therefore, the court may examine matters such as:

• actual residence;
• registered address;
• family life;
• duration of stay;
• employment;
• property;
• children’s schooling;
• immigration status;
• and intention to remain.

A short tourist stay should not automatically be equated with Turkish domicile.

Likewise, simply obtaining a temporary residence card shortly before filing may not always resolve a genuine jurisdiction dispute.

International Jurisdiction and Applicable Law Are Different Questions

This is the single most important rule in international divorce cases.

Suppose a Turkish court is internationally competent.

That does not automatically mean Turkish divorce law applies.

Law No. 5718 contains separate conflict-of-laws rules determining which country’s substantive law governs the divorce.

Article 14 states that divorce and judicial separation are governed primarily by the spouses’ common national law.

If the spouses have different nationalities, the court applies their common habitual residence law.

If there is no common habitual residence law, Turkish law applies.

This creates several important scenarios.

Scenario 1: Both Spouses Are Citizens of the Same Foreign Country

Suppose both spouses are Iranian citizens.

They have lived in Istanbul for five years.

A Turkish Family Court may have jurisdiction because of their domicile in Türkiye.

However, Article 14 first points to the spouses’ common national law.

Therefore, the Turkish court may have to examine and apply the relevant Iranian divorce law.

The fact that the case is being heard in Istanbul does not by itself replace Iranian law with Turkish law.

Scenario 2: Spouses Have Different Nationalities and Live Together in Türkiye

Suppose:

• one spouse is German;
• the other is Russian;
• and their common habitual residence is Istanbul.

They do not share a common nationality.

Article 14 therefore moves to the second connecting factor:

common habitual residence law.

If their common habitual residence is Türkiye, Turkish substantive divorce law will generally apply.

This is often the simplest type of international divorce from an applicable-law perspective.

Scenario 3: Different Nationalities and No Common Habitual Residence

Suppose:

• the wife is French and lives in Türkiye;
• the husband is Canadian and lives in Canada;
• they no longer have a common habitual residence.

If the Turkish court has jurisdiction under its procedural rules, Article 14 provides that Turkish law applies where there is neither common nationality nor common habitual residence.

Can the Spouses Simply Agree That Turkish Divorce Law Will Apply?

Not automatically.

Article 14 establishes statutory conflict-of-laws rules.

Unlike certain contractual fields, divorce law is not generally treated as an unrestricted area where spouses can simply choose any legal system they prefer.

The Turkish court determines the applicable law through the rules in Law No. 5718.

Therefore, an agreement stating:

“We choose Turkish law for our divorce”

does not necessarily override the statutory connecting factors.

How Does a Turkish Judge Determine Foreign Divorce Law?

A Turkish judge does not simply tell the foreign parties:

“You must prove your foreign law or I will ignore it.”

Article 2 of Law No. 5718 requires the judge to apply Turkish conflict-of-laws rules and the foreign law designated by those rules ex officio.

The judge may request assistance from the parties in determining the content of the applicable foreign law.

If the relevant provisions of foreign law cannot be established despite all necessary investigation, Turkish law applies.

This can make an international divorce substantially more complex than an ordinary Turkish divorce.

The case may require:

• foreign legislation;
• certified legal texts;
• translations;
• Ministry correspondence;
• expert legal opinions;
• and sometimes information concerning foreign case law.

Can Foreign Divorce Law Be Refused Because It Conflicts with Turkish Public Policy?

Potentially.

Article 5 of Law No. 5718 provides a public-policy safeguard.

If the result of applying a particular foreign-law provision to the specific case would be manifestly contrary to Turkish public policy, that foreign provision is not applied; Turkish law may be applied where necessary.

This exception is not intended to mean:

“Foreign law is different from Turkish law, therefore we ignore it.”

The incompatibility must reach the level of clear conflict with fundamental Turkish public-policy principles.

Is a Marriage Celebrated Abroad Valid for a Turkish Divorce Case?

Potentially, yes.

A marriage does not have to have been celebrated in Türkiye for a Turkish court to divorce the spouses.

Article 13 of Law No. 5718 provides that:

• capacity and substantive conditions for marriage are governed by each party’s national law at the time of marriage;
• the form of the marriage is governed by the law of the country where the marriage was celebrated.

Therefore, a marriage validly celebrated in:

• Germany;
• Iran;
• Russia;
• the United Kingdom;
• the United States;
• the UAE;
• or another country

can potentially form the basis of a Turkish divorce proceeding.

The marriage must nevertheless be properly documented.

What Documents Are Usually Needed?

The exact documents vary, but an international divorce file may commonly require:

• passport copies;
• foreign identity documents;
• Turkish residence permit;
• Turkish address registration;
• marriage certificate;
• population or civil-status record from the country of nationality;
• children’s birth certificates;
• documents concerning nationality;
• evidence of domicile or habitual residence;
• employment or housing documents;
• and evidence concerning the divorce claims.

Foreign public documents may require:

• apostille;
• diplomatic legalisation where applicable;
• and certified Turkish translation.

The authentication requirement depends on:

• the issuing country;
• applicable international conventions;
• and the nature of the document.

What If the Marriage Is Not Registered in Türkiye?

Lack of registration in the Turkish population system does not automatically mean a valid foreign marriage never existed.

The court must examine the underlying marriage and the relevant foreign documentation.

However, the foreign marriage certificate and civil-status evidence become especially important where no Turkish registry record exists.

The procedural file should establish clearly:

• who married;
• when;
• where;
• under which law;
• and whether the marriage remains legally in existence.

Can the Defendant Spouse Live Abroad?

Yes.

The other spouse does not necessarily have to live in Türkiye for a Turkish divorce case to proceed.

For example:

The wife lives in Istanbul.

The husband lives in Dubai.

If the Turkish court has international and territorial jurisdiction, the case may still be filed in Türkiye.

However, the defendant must be properly notified.

Service of judicial documents abroad can require international service procedures and often makes the case slower than a purely domestic divorce.

Accurate foreign addresses and identity information can therefore become crucial.

What If the Foreign Spouse Cannot Be Found?

The proceedings may become considerably more difficult.

A plaintiff should provide all reasonably available information, including:

• last known address;
• nationality;
• passport details;
• foreign identity information;
• employer address;
• telephone number;
• email;
• and known relatives where legally relevant.

Turkish procedural rules concerning notification and substitute procedures must be respected before the court can proceed in the absence of the defendant.

Can Two Foreigners Have an Uncontested Divorce in Türkiye?

Potentially.

Where Turkish substantive law applies and the statutory requirements for an agreed divorce are satisfied, an uncontested divorce may be possible.

However, in an international case, the first question remains:

Which law governs the divorce?

If Article 14 points to a foreign common national law, the Turkish court may need to apply that foreign legal system rather than automatically applying the Turkish consensual-divorce mechanism.

Therefore, foreign spouses should not assume that signing a Turkish “anlaşmalı boşanma protokolü” automatically guarantees an uncontested divorce.

Applicable law must first be determined.

Can a Foreign Couple Use Turkish Divorce Grounds?

Only where Turkish substantive law governs the divorce.

Where Turkish law applies, ordinary Turkish Civil Code divorce grounds can be relevant.

Where foreign law applies under Article 14, the grounds and effects of divorce are generally determined by that foreign legal system.

This distinction can affect:

• whether fault is relevant;
• waiting periods;
• separation requirements;
• unilateral divorce;
• consensual divorce;
• compensation;
• and other consequences.

What Law Applies to Temporary Measures During the Divorce?

This is an important exception.

Article 14/4 expressly states that Turkish law applies to temporary measures in divorce and separation proceedings.

This is highly practical.

Even where the divorce itself is governed by a foreign national law, a Turkish court may apply Turkish law when deciding temporary measures during the proceedings.

Under Turkish Civil Code Article 169, once a divorce or separation case is filed, the judge may take necessary interim measures concerning matters such as:

• housing;
• maintenance;
• management of spouses’ property;
• care of children;
• and protection of children.

Can the Turkish Court Decide Child Custody?

Potentially, yes, but international child cases require special care.

Article 14/3 of Law No. 5718 provides that custody and custody-related issues arising in divorce are subject to the same conflict rule governing the divorce.

Article 17 also contains separate conflict rules concerning the effects of parentage, referring first to the law governing the establishment of parentage and, in specified circumstances, common national or common habitual residence law.

In addition, international conventions to which Türkiye is a party can affect cross-border child matters.

Law No. 5718 itself expressly preserves the operation of international treaties.

Therefore, a case involving:

• a child living abroad;
• international child abduction;
• competing custody proceedings;
• or removal of the child from another country

should not be treated as an ordinary domestic custody dispute.

Can the Court Award Maintenance?

Yes, depending on the type of maintenance and the applicable conflict rule.

Article 14 provides that post-divorce maintenance claims between former spouses follow the divorce conflict rule.

Separately, Article 19 provides a general rule that maintenance claims are governed by the law of the maintenance creditor’s habitual residence.

Accordingly, the correct applicable-law analysis can depend on whether the claim concerns:

• maintenance between spouses;
• child support;
• or another maintenance relationship.

International maintenance cases should therefore be separately classified rather than assuming all maintenance automatically follows Turkish law.

Can the Turkish Court Divide Marital Property?

Potentially, but the law applicable to marital property is governed by a separate provision.

Article 15 of Law No. 5718 provides that spouses may expressly choose, within the statutory limits, the law of:

• their habitual residence at the time of marriage; or
• one of their national laws at the time of marriage.

If there is no valid choice:

1. common national law at the time of marriage applies;
2. failing that, common habitual residence law at the time of marriage applies;
3. failing that, Turkish law applies.

For liquidation concerning immovable property, Article 15 specifically applies the law of the country where the immovable property is located.

This means the law governing divorce and the law governing marital assets may be different.

Example: Foreign Couple Owns Property in Istanbul

Suppose two British nationals married in London and later moved to Türkiye.

They own:

• an apartment in Istanbul;
• investment accounts in the UK;
• and another property in Spain.

The Turkish divorce court may need to analyse:

• applicable divorce law under Article 14;
• matrimonial property law under Article 15;
• the special location rule for immovable property;
• and whether foreign proceedings are required for assets abroad.

Therefore, “getting divorced in Türkiye” does not necessarily mean one Turkish judgment can automatically transfer every asset located in every country.

Is Marital Property Automatically Divided in the Divorce Judgment?

Not necessarily.

Under Turkish practice, divorce and matrimonial property liquidation can involve distinct claims and procedural stages.

International couples should therefore specifically evaluate:

• property regime;
• contributions;
• ownership records;
• property locations;
• and applicable law.

A divorce judgment ending the marriage should not automatically be assumed to resolve every financial relationship between the spouses.

Can a Foreign Plaintiff Be Required to Deposit Security?

Potentially.

Article 48 of Law No. 5718 provides that foreign natural and legal persons who file lawsuits, intervene in cases or commence enforcement proceedings before Turkish authorities may be required to provide security for litigation expenses and potential loss caused to the opposing party.

However, the court exempts the foreign person where reciprocity exists.

Reciprocity can arise through:

• international treaty;
• legislation;
• or practical reciprocal treatment.

Accordingly, a foreign divorce plaintiff should not automatically assume that security will always be demanded.

Nationality and applicable international agreements must be checked.

Does the Foreign Spouse Need to Be Physically Present at Every Hearing?

Not necessarily.

A Turkish lawyer can represent a foreign spouse pursuant to an appropriate power of attorney.

However, certain proceedings—particularly consensual divorce or situations where the court wishes to hear a party personally—may require personal participation.

The procedural strategy should therefore be determined before the foreign spouse travels abroad.

Can a Foreigner Living Abroad File Through a Turkish Lawyer?

Potentially, yes, where Turkish courts are internationally competent.

A foreign client abroad may issue a power of attorney through:

• a Turkish consulate;
• or a foreign notary subject to the applicable apostille/legalisation and translation requirements.

The lawyer can then file and conduct the proceedings within the scope of the authority granted.

Family-law powers of attorney should be prepared carefully because divorce proceedings may require specific authority wording under Turkish procedural practice.

Does the Plaintiff Need a Turkish Residence Permit to File?

Not as an absolute nationality-based condition.

The central issue is international jurisdiction and venue, not simply whether the plaintiff has a residence card.

A foreigner may have a strong Turkish domicile connection.

Conversely, someone holding a short-term residence card may still face a jurisdiction dispute if their factual legal domicile lies elsewhere.

For venue purposes, Article 168 and the legal domicile definition in Article 19 remain central.

What If Both Spouses Have Already Started Divorce Cases in Different Countries?

Parallel international proceedings can become complex.

For example:

• one spouse files in Türkiye;
• the other files in France.

Questions can arise concerning:

• international jurisdiction;
• pending proceedings;
• recognition of judgments;
• inconsistent decisions;
• child custody;
• and enforcement.

The existence of a foreign proceeding does not automatically answer every issue under Turkish law.

The strategy should be coordinated across both jurisdictions before one spouse obtains a final judgment that creates recognition problems in the other country.

If the Divorce Is Granted in Türkiye, Is It Automatically Valid in the Foreign Spouses’ Home Countries?

Not necessarily.

A Turkish divorce judgment has legal effect in Türkiye once it becomes final according to Turkish procedural law.

Whether another country automatically recognises that judgment depends on:

• that country’s private international law;
• bilateral or multilateral treaties;
• local registration rules;
• and whether recognition proceedings are required.

For example, some states may recognise foreign divorce judgments through an administrative process, while others may require a court application.

Therefore, foreign spouses should ideally investigate recognition in their countries of citizenship before finalising the Turkish proceedings.

What If the Spouses Divorce Abroad Instead?

If a foreign divorce judgment later needs to produce legal consequences in Türkiye, recognition may be required.

Article 50 of Law No. 5718 provides that a final foreign civil judgment requires a Turkish enforcement decision where execution in Türkiye is sought.

Article 58 separately provides that recognition of a foreign judgment as final evidence or res judicata depends on satisfaction of the statutory recognition conditions.

For recognition/enforcement applications, certified copies, finality documentation and certified translations are required under Article 53.

Thus, couples with strong connections to several countries should decide strategically where the original divorce should be filed.

Can a Foreign Divorce Judgment Be Refused Recognition in Türkiye?

Potentially.

Article 54 contains several statutory safeguards relevant to foreign judgments.

Among other matters, the Turkish court examines issues such as:

• public policy;
• jurisdictional concerns;
• and whether the defendant had appropriate procedural opportunity to participate in the foreign proceedings.

Recognition of a foreign divorce judgment therefore should not be treated as a purely clerical exercise in every case.

Practical Example 1: Two Iranian Spouses Living in Istanbul

Both spouses are Iranian nationals.

They have legally lived in Istanbul for six years.

The wife wishes to file for divorce.

Turkish international jurisdiction may exist because of domicile in Türkiye under the combined operation of MÖHUK Article 40 and Civil Code Article 168.

However, because both spouses have the same nationality, Article 14 first points to their common Iranian national law for the grounds and effects of divorce.

Therefore:

Turkish court jurisdiction: potentially yes.

Automatic application of Turkish divorce law: not necessarily.

Practical Example 2: German and Russian Spouses Living in Antalya

The husband is German.

The wife is Russian.

Their common habitual residence is Antalya.

There is no common nationality.

If the Turkish court is competent, Article 14 points to their common habitual residence law.

Because that residence is Türkiye, Turkish divorce law will generally apply.

Practical Example 3: Foreign Wife in Istanbul, Husband Abroad

A British woman lives permanently in Istanbul.

Her Canadian husband moved to Canada two years ago.

They have no common nationality and no current common habitual residence.

If Istanbul is the wife’s legal domicile and Turkish courts therefore have jurisdiction, Article 14’s final step may result in Turkish law governing the divorce.

The husband must still be properly served abroad.

Practical Example 4: Both Spouses Foreign, Marriage Took Place Abroad

Two U.S. citizens married in New York and later moved to Türkiye.

The fact that the marriage was celebrated outside Türkiye does not prevent a Turkish divorce action solely for that reason.

Article 13 applies the law of the place where the marriage was celebrated to the form of marriage.

The parties should provide the necessary marriage certificate and authenticated translation.

Practical Example 5: Foreign Couple with Turkish Child Residence

A foreign couple lives in Türkiye with a child.

A divorce case begins.

The case may involve:

• custody;
• child support;
• temporary use of the family home;
• temporary maintenance;
• and international travel restrictions concerning the child.

Article 14 contains specific rules for custody and applies Turkish law to temporary measures, but international conventions and child habitual residence can become important where the case has cross-border features.

This type of case should be analysed beyond the divorce claim itself.

Frequently Asked Questions

Can a foreigner file for divorce in Türkiye?

Yes, where Turkish courts have international jurisdiction.

Must one spouse be Turkish?

No.

Can two foreigners divorce before a Turkish court?

Yes, potentially.

Does living in Türkiye automatically give Turkish courts jurisdiction?

Not automatically. The court examines domestic venue rules through MÖHUK Article 40.

What is the main venue rule?

The domicile of either spouse or the place where the spouses last lived together for at least six months before the action.

Is a residence permit the same as domicile?

Not necessarily. Legal domicile is based on residence together with the intention to remain.

Which court hears the divorce?

The competent Turkish Family Court.

Does Turkish law always apply because the case is in Türkiye?

No.

What law applies if both spouses have the same foreign nationality?

Generally their common national law governs divorce and separation.

What if the spouses have different nationalities?

Their common habitual residence law applies; if none exists, Turkish law applies.

What if both foreign spouses habitually live in Türkiye?

If they have different nationalities, Turkish law can become applicable through the common habitual residence rule.

What if both are nationals of the same country but live in Türkiye?

Their common national law normally remains the first applicable law under Article 14.

Does the Turkish judge have to apply foreign law?

Yes, where Turkish conflict-of-laws rules designate it. The judge applies the designated foreign law ex officio.

What if the content of foreign law cannot be established?

If it cannot be determined despite the necessary investigation, Turkish law applies.

Can Turkish public policy prevent application of foreign law?

Yes, where the specific foreign-law result is manifestly contrary to Turkish public policy.

Can a marriage celebrated abroad be dissolved in Türkiye?

Potentially yes.

Can a spouse living abroad be a defendant?

Yes, provided Turkish jurisdiction exists and valid international service is completed.

Can the Turkish court decide custody?

Potentially yes, subject to Article 14 and any applicable international treaty rules.

Can the court award temporary maintenance while the case is pending?

Turkish law applies to temporary measures in a divorce case.

Does the same law always govern marital property?

No. Matrimonial property is governed separately by Article 15.

Is property in Türkiye always governed by Turkish property law?

Article 15 specifically applies the law of the location of immovable property when matrimonial property is liquidated.

Can a foreign plaintiff be asked to provide security?

Potentially, subject to MÖHUK Article 48 and reciprocity-based exemptions.

Will the Turkish divorce automatically be recognised abroad?

Not necessarily. Recognition is determined by the law of the foreign country concerned.

What Should a Foreign Spouse Prepare Before Filing for Divorce in Türkiye?

Before filing, the following should be determined:

1. Nationality of both spouses
2. Whether either spouse is also a Turkish citizen
3. Current domicile of each spouse
4. Current habitual residence
5. Last place where the spouses lived together
6. How long they lived there
7. Country where the marriage was celebrated
8. Whether the marriage is registered in Türkiye
9. Whether a foreign divorce proceeding already exists
10. Whether there are children
11. Where the children habitually live
12. Where matrimonial property is located
13. Whether there is a marital property agreement
14. Whether post-divorce maintenance is requested
15. Whether temporary maintenance is required
16. Whether the defendant lives abroad
17. Whether international service will be necessary
18. Whether foreign law will apply
19. Whether foreign-law evidence needs to be obtained
20. Whether the Turkish judgment must later be recognised abroad

Without this information, an international divorce cannot be safely treated as an ordinary Turkish divorce.

A Practical Step-by-Step Procedure

Step 1 — Determine Turkish International Jurisdiction

Apply MÖHUK Article 40 together with the Turkish domestic venue rules.

Step 2 — Determine the Competent Family Court

Apply Civil Code Article 168.

Step 3 — Determine the Applicable Divorce Law

Apply MÖHUK Article 14:

common nationality → common habitual residence → Turkish law.

Step 4 — Verify the Marriage

Obtain the foreign marriage certificate and civil-status documents.

Step 5 — Prepare Translations and Authentication

Determine whether apostille or legalisation is necessary.

Step 6 — Determine Child Issues

Analyse custody, maintenance and international child-residence rules separately.

Step 7 — Determine Matrimonial Property Law

Apply Article 15 separately from Article 14.

Step 8 — Request Necessary Temporary Measures

Temporary measures are governed by Turkish law.

Step 9 — Complete International Service

If the defendant is abroad, identify the correct foreign address immediately.

Step 10 — Plan Recognition Abroad

Before final judgment, consider how the Turkish divorce will be recognised in:

• the spouses’ countries of citizenship;
• countries containing significant assets;
• or countries where either party intends to remarry.

Conclusion: A Foreigner Can File for Divorce in Türkiye, but International Jurisdiction Does Not Automatically Mean Turkish Divorce Law Applies

A foreign national residing in Türkiye may be entitled to bring a divorce action before a Turkish Family Court.

It is also entirely possible for a divorce proceeding in Türkiye to involve two foreign spouses and no Turkish citizen at all.

The starting point is Article 40 of Law No. 5718.

It provides that Turkish courts’ international jurisdiction is determined through the domestic rules of territorial jurisdiction.

For divorce, Article 168 of the Turkish Civil Code identifies the competent court as:

• the court of the domicile of either spouse; or
• the court of the place where the spouses last lived together for at least six months before the proceedings.

Therefore, a foreign spouse who has genuinely established domicile in Türkiye can often access the Turkish Family Courts.

But having access to the Turkish court does not answer the next question:

Which country’s divorce law will the Turkish judge use?

Article 14 of Law No. 5718 answers that question through a hierarchy.

First:

the common national law of the spouses.

Second, where the spouses have different nationalities:

their common habitual residence law.

Third, if no common habitual residence exists:

Turkish law.

This can lead to results that surprise foreign clients.

For example:

Two Iranian spouses living in Türkiye

A Turkish court may hear the case, but Iranian law may govern the divorce.

German and Russian spouses habitually living in Istanbul

Because there is no common nationality but Türkiye is the common habitual residence, Turkish law may govern.

French spouse living in Türkiye and Canadian spouse living abroad

If no common nationality or common habitual residence exists and Turkish jurisdiction exists, Turkish law may become applicable.

This is why international divorce cases require both:

procedural jurisdiction analysis

and

conflict-of-laws analysis.

The same complexity continues after divorce law is determined.

Custody is expressly addressed by Article 14, but international conventions can also become relevant.

Maintenance claims may involve different conflict rules depending on who seeks maintenance.

Matrimonial property has a completely separate rule under Article 15.

The spouses’ chosen law, nationality, habitual residence at the time of marriage and location of immovable property can all matter.

Temporary measures are another important exception.

Even where foreign law governs the substantive divorce, Article 14/4 applies Turkish law to interim measures.

This allows the Turkish court to address urgent questions during the proceedings, such as:

• temporary maintenance;
• children’s care;
• housing;
• and protection of property.

Foreign law itself must also be handled correctly.

Under Article 2, the Turkish judge is responsible for applying the foreign law designated by Turkish conflict rules.

The judge can seek assistance from the parties.

If the foreign law cannot be established despite the necessary investigation, Turkish law is applied.

Where a specific foreign-law result is manifestly incompatible with Turkish public policy, Article 5 also gives the court a public-policy safeguard.

Foreign couples should also consider what happens after the Turkish divorce.

A Turkish divorce judgment may be perfectly valid in Türkiye but still require:

• recognition;
• registration;
• or another procedure

in the spouses’ countries of citizenship.

This can be especially important where a person later wishes to:

• remarry abroad;
• update foreign civil-status records;
• claim inheritance rights;
• enforce maintenance;
• or deal with property located outside Türkiye.

Conversely, where the spouses choose to divorce abroad, they may later need to obtain recognition of the foreign judgment in Türkiye.

Law No. 5718 regulates recognition and enforcement of foreign judgments through Articles 50 and following, with Article 58 specifically governing recognition.

Accordingly, the correct question is not merely:

“Can a foreigner get divorced in Türkiye?”

The complete legal analysis should ask:

Do Turkish courts have international jurisdiction?

Which Family Court is competent?

Is Türkiye actually one spouse’s legal domicile?

What are the spouses’ nationalities?

Do they share a common nationality?

Where is their common habitual residence?

Which divorce law does Article 14 designate?

Will foreign law need to be proven and translated?

Are children involved?

Where do the children live?

Which law governs maintenance?

Which law governs marital property?

Where are the properties located?

Is international service required?

Will the Turkish judgment later need recognition abroad?

Once these questions are answered, foreigners residing in Türkiye can determine whether filing their divorce before a Turkish Family Court is legally possible and strategically appropriate.

Legal Basis

Law No. 5718 on International Private and Procedural Law

Article 2 — Application of Foreign Law

The Turkish judge applies Turkish conflict-of-laws rules and the foreign law designated by those rules ex officio.

If the foreign law cannot be determined despite the necessary investigation, Turkish law applies.

Article 5 — Public Policy

A foreign-law provision is not applied where its application to the specific case would be manifestly contrary to Turkish public policy.

Article 13 — Marriage

Marriage capacity and substantive conditions are subject to each party’s national law at the time of marriage, while the formal validity of the marriage is governed by the law of the place of celebration.

Article 14 — Divorce and Separation

Divorce and separation are governed by:

1. spouses’ common national law;
2. where nationalities differ, common habitual residence law;
3. where no common habitual residence exists, Turkish law.

The same article contains special provisions concerning post-divorce spousal maintenance, custody and temporary measures.

Article 15 — Matrimonial Property

Matrimonial property is governed through its own conflict rules, and immovable property is subject to the law of its location for liquidation purposes.

Article 19 — Maintenance

The general rule provides that maintenance claims are governed by the law of the maintenance creditor’s habitual residence.

Article 40 — International Jurisdiction

The international jurisdiction of Turkish courts is determined by the domestic territorial-jurisdiction rules.

Article 48 — Security for Foreign Plaintiffs

Foreign persons filing proceedings in Türkiye may be required to provide security, subject to reciprocity-based exemptions.

Turkish Civil Code No. 4721

Article 19 — Domicile

A person’s domicile is the place where that person resides with the intention of remaining permanently.

Article 168 — Divorce Venue

The competent court is the court of:

• either spouse’s domicile; or
• the spouses’ last common residence for at least six months before the action.

Article 169 — Temporary Measures

During divorce proceedings, the judge may take necessary interim measures concerning spouses, property and children.

Law No. 4787 on Family Courts

Family Courts hear family-law disputes and related matters falling within their statutory jurisdiction.

Where no Family Court exists, the designated Civil Court of First Instance hears the matter as a Family Court.

Final Checklist for Foreigners Considering Divorce in Türkiye

Before filing a Turkish divorce case, check:

1. Nationality of spouse one.
2. Nationality of spouse two.
3. Whether either spouse has Turkish nationality.
4. Current domicile of each spouse.
5. Current habitual residence.
6. Last common residence.
7. Whether the spouses lived there for at least six months.
8. Turkish residence permit status.
9. Country of marriage.
10. Validity of the foreign marriage.
11. Availability of the marriage certificate.
12. Need for apostille or legalisation.
13. Need for certified Turkish translations.
14. Whether foreign divorce law will apply.
15. Whether the content of that law can be obtained.
16. Whether temporary maintenance is required.
17. Whether custody is disputed.
18. Child’s habitual residence.
19. Whether international child-law conventions are relevant.
20. Whether child support is sought.
21. Whether spousal maintenance is sought.
22. Which country’s matrimonial property law applies.
23. Location of real estate.
24. Whether property exists outside Türkiye.
25. Whether the defendant lives abroad.
26. Whether foreign service is necessary.
27. Whether another divorce proceeding is already pending abroad.
28. Whether the Turkish judgment must later be recognised abroad.
29. Whether the foreign plaintiff may be subject to a security requirement.
30. Whether a coordinated international family-law strategy is necessary.

Disclaimer: This article provides general legal information concerning international divorce and foreign spouses under Turkish law as of September 2026. It does not constitute individual legal advice. International divorce cases can involve Turkish procedural law, foreign substantive law, international conventions, foreign service, child residence, marital property and recognition of judgments in several jurisdictions. Each case should therefore be evaluated according to the spouses’ nationality, domicile, habitual residence, marriage history, children, property and pending foreign proceedings.