In What Ways Can a Turkish Citizen Living in Another Country Get Divorced?

The divorce process for Turkish citizens living in another country may involve rules of private international law that do not necessarily arise in the same way for people living in Türkiye. In particular, when one or both spouses live abroad, the marriage was concluded in a foreign country, or the spouses have different nationalities, it becomes important to determine where the divorce can take place and which country’s law will apply.

Therefore, when a Turkish citizen living abroad wants to get divorced, it is not enough to answer only the question, “Can I get divorced in Türkiye?” It is also necessary to determine whether Turkish courts have jurisdiction over the case, which country’s law applies to the grounds for divorce, and whether a divorce judgment issued in one country will be recognized and produce legal effects in another country.

Can a Turkish Citizen Living Abroad Get Divorced in Türkiye?

A Turkish citizen living abroad may file for divorce in Türkiye if the relevant legal conditions are satisfied.

In this regard, the provisions of Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) are particularly important. MÖHUK contains rules not only concerning the determination of the applicable law in legal relationships containing a foreign element, but also concerning the international jurisdiction of Turkish courts.

Therefore, the fact that a person lives in Germany, France, the Netherlands, Belgium, the United Kingdom, the United States, or another country does not, by itself, prevent that person from filing a divorce case in Türkiye.

However, whether Turkish courts have international jurisdiction in a particular case must be examined separately.

Should the Divorce Take Place in Türkiye or in the Country Where the Person Lives?

For a Turkish citizen living abroad, there is not always only one available option.

Depending on the law of the country where the spouses live, it may be possible to initiate divorce proceedings in that country. At the same time, if the relevant provisions of Turkish law and MÖHUK establish the jurisdiction of Turkish courts, filing a divorce case in Türkiye may also be possible.

Therefore, whether it is more appropriate to obtain a divorce in Türkiye or in the country of residence must be assessed according to the circumstances of each individual case.

For example, two Turkish citizens living in Germany may be able to divorce in Germany, while the jurisdiction of Turkish courts may also be considered if the relevant legal conditions are satisfied.

In this context, not only the spouses’ nationalities but also their habitual residence, their last common place of residence, and other connecting factors may be relevant.

Is an Uncontested Divorce Possible?

One of the most frequently asked questions by Turkish citizens living abroad concerns uncontested divorce.

Under Turkish law, uncontested divorce is regulated by Article 166 of the Turkish Civil Code. If the marriage has lasted for at least one year, the spouses may obtain an uncontested divorce if they jointly apply or if one spouse accepts the divorce case filed by the other, provided that the statutory requirements are satisfied. The judge must personally hear the parties and determine that the arrangements concerning the financial consequences of the divorce and the children’s situation are appropriate.

Therefore, the fact that spouses agree on getting divorced may make the process easier for a Turkish citizen living abroad. However, in a case containing an international element, it must first be determined which court has jurisdiction and which country’s law applies.

Is a Contested Divorce Possible?

If the spouses cannot agree on issues such as the divorce itself, fault, maintenance, custody, or property, a contested divorce may arise.

The Turkish Civil Code regulates several specific grounds for divorce. These include adultery, attempt on the life, cruel or degrading treatment, committing a crime and leading a dishonorable life, desertion, mental illness, and the breakdown of the marital union.

In practice, the breakdown of the marital union is one of the important grounds for divorce.

However, it would not be correct to assume that the grounds for divorce under the Turkish Civil Code automatically apply in every international divorce case. Article 14 of MÖHUK first determines which country’s law applies to the grounds and consequences of divorce.

What Happens If One of the Spouses Is a Foreign National?

The situation may become more complicated if one spouse is a Turkish citizen and the other is a foreign national.

Under MÖHUK, the grounds and consequences of divorce and separation are primarily subject to the spouses’ common national law. If the spouses have different nationalities, the law of their common habitual residence applies; if they do not have a common habitual residence, Turkish law applies.

For example, if a Turkish citizen living in Germany wants to divorce a German citizen who also lives in Germany, it cannot be concluded solely on the basis of the Turkish spouse’s nationality that Turkish law will apply.

The spouses’ common habitual residence and other connecting factors under private international law must be taken into consideration.

Will a Divorce Judgment Issued Abroad Be Valid in Türkiye?

When a Turkish citizen obtains a divorce abroad, the legal effects of the foreign court’s judgment in Türkiye must be assessed separately.

In particular, if the person’s marital status needs to be changed in the Turkish civil registry, recognition of the foreign divorce judgment in Türkiye may become necessary.

Therefore, obtaining a divorce abroad does not necessarily mean that all legal consequences in Türkiye will automatically be completed.

For a foreign court judgment to be recognized in Türkiye, the provisions of MÖHUK concerning foreign court judgments, together with the relevant administrative or judicial procedures, must be taken into consideration.

How Are Child Custody and Maintenance Determined?

Divorce is not limited to ending the marriage. Issues such as maintenance, custody, and personal relationships between children and their parents may also become important in international divorce proceedings.

Article 14 of MÖHUK provides that custody and issues relating to custody in divorce are subject to the law specified under the same provision. Maintenance claims between divorced spouses are also subject to the rule referred to in the relevant paragraph. Temporary protective measures, on the other hand, are subject to Turkish law.

Therefore, in a divorce case involving a Turkish citizen living abroad, the country in which the children live, the spouses’ habitual residence, and the legal system of the country where the proceedings are taking place may all be relevant.

What Should a Turkish Citizen Living Abroad Do If They Want to Divorce in Türkiye?

First, the international elements of the particular case should be identified.

The following questions are important:

• What are the nationalities of the spouses?
• Where do the spouses live?
• What is the spouses’ common habitual residence?
• Where was the marriage concluded?
• Has a divorce case already been filed in Türkiye or another country?
• In which country do the children live?
• What legal connections do the parties have with Türkiye?
• Is there property or another legal matter located in Türkiye?

Once these issues have been identified, it can be determined whether filing a divorce case in Türkiye is possible and which country’s law should apply.

Conclusion

A Turkish citizen living in another country may, if the relevant conditions are satisfied, seek a divorce in Türkiye or in the country where they live. However, in international divorce cases, Turkish citizenship alone is not necessarily decisive.

Under MÖHUK, the international jurisdiction of the court and the law applicable to the divorce must be assessed separately.

The spouses’ nationalities, whether they have a common habitual residence, the country in which the children live, and the country with which the marriage and family life have their closest connection may all be important.

Whether the divorce is uncontested or contested must also be considered separately. For an uncontested divorce, the requirements of the Turkish Civil Code must be examined; for a contested divorce, the provisions of the applicable law concerning the grounds for divorce must be taken into account.

If a divorce judgment is obtained abroad, the effects of that judgment on the person’s legal status and other legal matters in Türkiye may need to be addressed separately.

For this reason, a Turkish citizen living abroad should consider both the rules of Turkish law and the law of the country where they live before beginning divorce proceedings.

Note: International divorce law may vary depending on the spouses’ nationalities, habitual residence, the circumstances of the children, and the country in which the proceedings take place. This section is intended for general legal information only. In an individual case, the applicable law and the competent court must be determined separately.

Relevant Legal Provisions Concerning the Divorce of Turkish Citizens Living Abroad

When a Turkish citizen living in another country seeks a divorce, it is not sufficient to examine only the provisions of the Turkish Civil Code concerning divorce. If one or both spouses live abroad, the marriage was concluded in a foreign country, the spouses have different nationalities, or the children live in another country, the case may contain a foreign element.

In such circumstances, Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) becomes relevant. MÖHUK is the principal Turkish legislation governing the applicable law, the international jurisdiction of Turkish courts, and the recognition and enforcement of foreign court judgments in Türkiye.

MÖHUK Article 1 — Scope of the Law

The first provision to consider in divorce cases involving Turkish citizens living abroad is Article 1 of MÖHUK.

Article 1 provides that MÖHUK regulates the applicable law in private legal transactions and relationships containing a foreign element, the international jurisdiction of Turkish courts, and the recognition and enforcement of foreign court judgments. It also preserves the provisions of international treaties to which Türkiye is a party.

This provision is particularly important for Turkish citizens living abroad.

For example, suppose a Turkish citizen lives in Germany and wants to divorce a spouse who also lives in Germany. In such a case, issues such as the connection of the case with Türkiye, which country’s law should govern the divorce, and whether Turkish courts have jurisdiction may fall within the scope of MÖHUK.

Therefore, the first step in an international divorce case is to determine whether the case contains a foreign element and whether the provisions of MÖHUK apply.

MÖHUK Article 2 — Application of Foreign Law

Article 2 of MÖHUK is one of the most important general provisions in international divorce cases.

Under this article, the judge applies the Turkish conflict-of-laws rules and, where those rules designate foreign law, applies that foreign law ex officio. In other words, the fact that the parties have not specifically requested the application of foreign law does not mean that the applicable foreign law can simply be disregarded.

This rule must be considered together with Article 14 of MÖHUK.

For example, suppose a Turkish citizen lives in Germany and the spouse also lives in Germany. If German law is determined to be applicable under MÖHUK because of the spouses’ nationalities or other connecting factors, a Turkish court cannot automatically apply Turkish law merely because the divorce case was filed in Türkiye.

The conflict-of-laws rules of MÖHUK must first be used to determine the applicable law.

MÖHUK Article 14 — Divorce and Separation

Article 14 of MÖHUK is the fundamental provision concerning the divorce of Turkish citizens living abroad.

Under Article 14(1), the grounds and consequences of divorce and separation are governed by the spouses’ common national law. If the spouses have different nationalities, the law of their common habitual residence applies; if they do not have a common habitual residence, Turkish law applies.

This creates a hierarchical connecting system.

For example, if both spouses are Turkish citizens, their common national law—Turkish law—is considered first.

If one spouse is Turkish and the other is German, however, there is no common national law. Therefore, their common habitual residence becomes relevant.

If both spouses maintain their permanent and common life in Germany, German law may become relevant under Article 14 of MÖHUK.

If there is no common habitual residence, the provision designates Turkish law as the applicable law.

Therefore, filing a case in Türkiye and applying Turkish law are not the same thing. Even if a Turkish court has jurisdiction, the conflict-of-laws rules of MÖHUK may result in the application of another country’s law.

MÖHUK Article 14(2) — Maintenance

In divorce proceedings, the termination of the marriage is not the only issue that matters. Maintenance claims between spouses may also be relevant.

Article 14(2) of MÖHUK provides that maintenance claims between divorced spouses are subject to the law referred to in the first paragraph. The same provision also applies to separation and the annulment of marriage.

Accordingly, if a Turkish citizen living abroad seeks maintenance in connection with a divorce case, the applicable law must be determined separately.

For example, if two Turkish citizens living in Germany file a divorce case in Türkiye, the law applicable to maintenance may be determined under Article 14 of MÖHUK.

MÖHUK Article 14(3) — Custody

In international divorce cases, issues concerning children are often just as important as the divorce itself.

Article 14(3) of MÖHUK provides that custody and issues relating to custody in divorce are subject to the law specified in the first paragraph.

Therefore, it should not automatically be assumed that Turkish law will govern custody.

The spouses’ nationalities, common habitual residence, and other international connecting factors must be examined to determine the applicable law.

For example, in a case where the children live in Germany, factors such as the country in which the children are located and the actual center of the family’s life may also have practical significance.

MÖHUK Article 14(4) — Temporary Measures

During divorce proceedings, temporary legal measures may be necessary to protect the spouses or children.

Article 14(4) of MÖHUK provides that Turkish law applies to requests for temporary measures.

This provision is important in determining the law applicable to temporary protective measures in an international divorce case being heard in Türkiye.

MÖHUK Article 15 — Matrimonial Property

The liquidation of matrimonial property may also arise together with divorce.

Article 15 of MÖHUK separately regulates the law applicable to matrimonial property.

Under this provision, spouses may, subject to certain conditions, choose the law of their habitual residence or national law at the time of marriage. If no such choice has been made, the law of the spouses’ common national law at the time of marriage is considered first, followed by the law of their common habitual residence and, in the absence of both, Turkish law. In addition, the law of the country where immovable property is located applies to the liquidation of rights relating to such immovable property.

Therefore, in a divorce case involving a Turkish citizen living in Germany and an immovable property located in Türkiye, it should not be assumed that the law governing the divorce and the law governing the matrimonial property regime will necessarily be the same.

MÖHUK Article 40 — International Jurisdiction of Turkish Courts

Article 40 of MÖHUK establishes the general rule concerning the international jurisdiction of Turkish courts.

According to this provision, the international jurisdiction of Turkish courts is determined by the domestic territorial jurisdiction rules.

However, because there is a specific provision concerning actions relating to the personal status of Turkish citizens, Article 41 of MÖHUK is particularly important in divorce cases.

MÖHUK Article 41 — Actions Concerning the Personal Status of Turkish Citizens

Article 41 of MÖHUK is one of the most important jurisdictional provisions concerning divorce cases involving Turkish citizens living abroad.

According to this article, actions concerning the personal status of Turkish citizens may be brought before the territorially competent court in Türkiye if such actions have not been brought before a foreign court or cannot be brought there. If there is no such court, the court of the person’s place of residence in Türkiye may have jurisdiction. If the person does not reside in Türkiye, the court of their last place of residence in Türkiye may be competent. If neither exists, one of the courts in Ankara, Istanbul, or İzmir may hear the case.

This provision provides an important legal connection for Turkish citizens living abroad who wish to bring proceedings in Türkiye.

However, the condition that the case “has not been brought before a foreign court or cannot be brought there” is particularly important.

Therefore, a Turkish citizen living abroad should not simply assume, “I am a Turkish citizen, so I can get divorced in Türkiye whenever I want.” The circumstances concerning the foreign court and the Turkish territorial jurisdiction rules must be examined in the particular case.

Turkish Civil Code Articles 161–165 — Specific Grounds for Divorce

If Turkish law is determined to be applicable as a result of Article 14 of MÖHUK, the provisions of the Turkish Civil Code concerning divorce become relevant.

Article 161 of the Turkish Civil Code regulates divorce on the ground of adultery. Article 162 regulates attempt on the life, cruel or degrading treatment; Article 163 regulates committing a crime and leading a dishonorable life; Article 164 regulates desertion; and Article 165 regulates mental illness as grounds for divorce.

If one of these grounds exists, the relevant provisions of the Turkish Civil Code may apply, provided that Turkish law is the applicable law.

For example, in a divorce case based on adultery, the limitation periods under Article 161 of the Turkish Civil Code are also important. The article provides that the divorce action must be filed within six months from the date on which the ground for divorce became known and, in any event, within five years from the date of the adultery.

Turkish Civil Code Article 166 — Breakdown of the Marital Union

One of the most important grounds for divorce under Turkish law is the breakdown of the marital union, regulated by Article 166 of the Turkish Civil Code.

According to this article, either spouse may file for divorce if the marital union has broken down to such an extent that continuation of the common life cannot reasonably be expected from the spouses.

Paragraph 3 of the same article regulates the conditions for an uncontested divorce when the marriage has lasted for at least one year. The spouses must jointly apply or one spouse must accept the divorce action filed by the other. The judge must personally hear the parties and determine that the arrangements concerning the financial consequences of the divorce and the children’s situation are appropriate.

Paragraph 4 of the article was amended by the amendment dated November 14, 2024. Under the current provision, if a divorce action based on one of the grounds for divorce has been dismissed and the dismissal has become final, and the spouses have not been able to resume their common life for one year thereafter, the marital union may be deemed to have fundamentally broken down and the court may grant a divorce upon the request of either spouse.

Therefore, outdated information on the internet referring to a “three-year” period should not be relied upon when explaining the current law.

How Are These Legal Provisions Applied Together?

In a divorce case involving a Turkish citizen living abroad, the provisions can broadly be considered in the following sequence:

MÖHUK Article 1 → MÖHUK Article 2 → MÖHUK Article 14 → substantive divorce provisions of the applicable law → MÖHUK Articles 40 and 41 concerning the jurisdiction of Turkish courts.

If Turkish law is applicable, Articles 161–166 of the Turkish Civil Code and other relevant provisions should be examined with regard to the grounds for divorce.

In addition, Article 14 of MÖHUK should be considered separately for maintenance and custody, while Article 15 should be examined in relation to matrimonial property.

The most important conclusion from this system is:

Filing a divorce case in Türkiye and applying Turkish law are not the same thing.

A Turkish citizen may be able to file a divorce case in Türkiye; however, the conflict-of-laws rules of MÖHUK may result in the application of foreign law in the particular case.

Similarly, if a divorce judgment has been issued in Germany, the provisions of MÖHUK concerning the recognition of foreign court judgments must be considered separately in order for that judgment to produce legal effects in Türkiye.

In conclusion, divorce cases involving Turkish citizens living abroad should not be evaluated solely on the basis of the grounds for divorce. The competent court, applicable law, maintenance, custody, matrimonial property, and the effects in Türkiye of a divorce judgment issued abroad should all be considered together.

Note: This content is provided for general legal information only. In international divorce cases, the spouses’ nationalities, habitual residence, the country where the children live, previously initiated proceedings, the countries where assets are located, and applicable international treaties may affect the outcome. In an individual case, the current legislation and relevant international treaties should be examined separately.