Is it also a couple where both spouses is a foreign national Turkey divorce?
It would be appropriate to address this issue in a number of possibilities.
If the spouse’s divorce settlement in Turkey in the Turkish court. For example, a German couple who settled in Alanya to live permanently can file a divorce in Turkish courts.
Location of spouses; Not in Turkey;
Law No. 5718 on International Private Law and Procedural Law Article 42 of the article titled “Some cases related to the person states of foreigners”
Article 42 – (1) in Turkey about settlement without foreign tutelage, trusteeship, limitations, disappearance and presumed dead in Turkey’s decisions about where residents, the place where the goods if the court granted residents.
As can be seen, those listed in the article are non-contentious judicial affairs. Turkey in the settlement of foreign law is not as adversarial judicial proceedings not anticipate the opening of the Turkish court. However, we settlements where they are if they are residents of foreign residents in Turkey in Turkey believe they can not file for divorce in court.
In this case, the law applicable to the dispute is the joint national law of the spouses according to Article 4 of the same law. If the spouses are in a separate country of citizenship, then regular residential law (ie Turkish Law) shall apply.
In cases where foreigners are parties, lawsuits can be delayed due to problems such as notification. In case of divorce agreements and both of them represented by a lawyer, notification is no longer a problem and the case will be concluded in a shorter period of time.
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