How Can Foreign Nationals Living in Türkiye Get Divorced?

The divorce process for foreign nationals living in Türkiye requires the consideration of many factors together, including the parties’ nationalities, their residence status in Türkiye, the spouses’ common place of life, and the country with which the marriage is connected.

A foreign national living in Türkiye does not have to be a Turkish citizen in order to obtain a divorce. Under certain conditions, foreign nationals may file for divorce before Turkish courts or may become a party to divorce proceedings brought against them in Türkiye.

However, an important distinction must be made: the jurisdiction of Turkish courts and the application of Turkish law are two different issues.

For example, a German national may have been living in Türkiye for a long time and wish to divorce their French-national spouse, who also lives in Türkiye. The fact that both spouses live in Türkiye may be relevant to the jurisdiction of Turkish courts. However, the law applicable to the divorce must be determined separately.

In divorce proceedings involving an international element, one of the principal legal instruments is Law No. 5718 on International Private and Procedural Law (MÖHUK).

Can Foreign Nationals Living in Türkiye Get Divorced in Türkiye?

Yes. Under certain conditions, foreign nationals living in Türkiye may obtain a divorce before Turkish courts.

The first issue to be determined is whether Turkish courts have international jurisdiction.

The existence of a genuine and continuous connection with Türkiye may be important, particularly where the spouses have established their common life in Türkiye.

For example, if a Russian national woman and her Russian-national spouse have been living together in Antalya for several years, they may have a strong connection with Türkiye for purposes of their divorce proceedings.

However, merely being in Türkiye for a short period or visiting Türkiye as a tourist is not necessarily equivalent to having an established family life in Türkiye.

Therefore, in each case, the parties’ habitual residence, nationalities, and connections with Türkiye must be examined separately.

How Can Two Foreign Nationals Living in Türkiye Get Divorced?

The fact that two foreign nationals live in Türkiye does not automatically mean that they will be divorced under Turkish law.

Consider, for example, a couple consisting of an Italian national and a Spanish national who live in Istanbul.

With respect to their divorce, it must first be determined which country’s law is applicable under the relevant provisions of MÖHUK.

Where the spouses have different nationalities, their common habitual residence may become particularly important.

If both spouses maintain their common life in Türkiye, this may establish an important connecting factor under Turkish private international law.

However, if the circumstances of the case require the application of another country’s law, Turkish courts may still have jurisdiction while applying foreign law.

Therefore, in divorce proceedings involving foreign nationals living in Türkiye, the following two questions must be kept separate:

“Which court has jurisdiction to decide the divorce?”

and

“Which country’s law will the court apply?”

How Can a Turkish Citizen and a Foreign National Get Divorced?

The rules of private international law may also become relevant where a Turkish citizen is married to a foreign national and both spouses live in Türkiye.

For example, suppose a Turkish citizen is married to a British national and both live in Türkiye.

Because the spouses have different nationalities, they may not have a common national law. In such a situation, the conflict-of-laws rules concerning divorce and separation under MÖHUK become relevant.

In particular, the spouses’ common habitual residence may be important.

If both parties live in Türkiye, Türkiye is the center of their family life, and other relevant connecting factors also point to Türkiye, these circumstances may be taken into account when determining the applicable law.

However, it cannot be said that Turkish law automatically applies to every marriage between a Turkish citizen and a foreign national.

Can Foreign Nationals Obtain an Uncontested Divorce?

Foreign nationals living in Türkiye may, under certain conditions, obtain an uncontested divorce.

Where Turkish law is applicable, the provisions of the Turkish Civil Code concerning uncontested divorce may become relevant.

For an uncontested divorce, it is not sufficient for the parties simply to agree that they want to divorce. They must also reach an agreement concerning matters such as the financial consequences of the divorce, maintenance, and the situation of their children.

Turkish law also imposes certain requirements concerning the duration of the marriage for an uncontested divorce.

However, in a divorce case involving foreign nationals, the applicable law must first be determined.

Accordingly, it would not be correct to conclude generally that “two foreigners live in Türkiye, therefore they can automatically obtain an uncontested divorce under the Turkish Civil Code.”

Can Foreign Nationals Obtain a Contested Divorce?

If the spouses cannot agree on the divorce, contested divorce proceedings may arise.

For example, one spouse may not want a divorce while the other believes that continuation of the marriage is no longer possible.

Where Turkish law applies, the grounds for divorce regulated by the Turkish Civil Code become relevant.

These include adultery, intent against life, cruel or degrading treatment, committing a crime and leading a dishonorable life, abandonment, mental illness, and the breakdown of the marital union.

However, it would not be correct to state that these provisions automatically apply in divorce cases involving foreign nationals.

First, the applicable law must be determined under MÖHUK.

Which Country’s Law Applies to the Divorce of Foreign Nationals Living in Türkiye?

This is one of the most important issues.

Under the provisions of MÖHUK concerning divorce and separation, the spouses’ common national law, and where they have different nationalities, their common habitual residence law and, under certain circumstances, Turkish law are taken into consideration.

Therefore, in addition to nationality, where the spouses live is highly significant.

For example, if two German nationals permanently live in Türkiye, whether German law applies to their divorce must be assessed under the relevant provisions of MÖHUK.

On the other hand, where two foreign nationals have different nationalities but share a common habitual residence in Türkiye, this may constitute a connecting factor that brings Turkish law into consideration.

Accordingly, nationality and residence information must be assessed together in divorce proceedings involving foreign nationals living in Türkiye.

Why Is “Habitual Residence” Important for Foreign Nationals Living in Türkiye?

In private international law, habitual residence is an important connecting factor referring to the place where a person’s life is actually and regularly centered.

A foreign national merely being present in Türkiye is not necessarily the same as having Türkiye as the actual center of their life.

For example, the legal position of a foreign national who comes to Türkiye for several months may differ from that of a foreign national who has lived in Istanbul for years, works there, lives there with their family, and has established the center of their daily life in Türkiye.

Therefore, in a divorce case, merely examining a residence permit or registration record may not always be sufficient.

The actual center of the parties’ lives may also need to be assessed.

Which Country’s Law Determines Child Custody?

The situation of children is particularly important in divorce proceedings involving foreign nationals.

Where the parents have different nationalities and the children live in another country, questions of private international law may arise concerning custody.

The applicable law concerning which parent the child will live with, the other parent’s contact rights, and matters relating to the child’s care must be assessed separately.

For example, if a family consists of a French-national mother, a Turkish-national father, and children living in Türkiye, it may not be sufficient to consider only the parents’ nationalities when a divorce action is filed.

Factors such as the children’s habitual residence and the center of family life may also be important.

Which Law Applies to Maintenance?

During divorce proceedings, one spouse may seek maintenance from the other.

However, in cases involving an international element, the applicable law governing maintenance must also be determined.

For example, a foreign spouse living in Türkiye may seek maintenance from the other spouse during divorce proceedings. However, the legal rules applicable to that claim must be determined under the relevant provisions of MÖHUK.

Therefore, it should not be assumed that divorce, maintenance, and custody matters are automatically governed by Turkish law.

Does a Foreign National Who Gets Divorced in Türkiye Automatically Become Divorced in Their Home Country?

This issue is particularly important for foreign nationals living in Türkiye.

When a foreign national obtains a divorce judgment from a Turkish court, there is no guarantee that the judgment will automatically be recognized in the person’s country of nationality.

Each country may have its own rules governing the recognition of foreign court judgments.

For example, if an Italian national obtains a divorce in Türkiye, the divorce judgment may need to undergo the procedures required under Italian law in order to be recorded in the person’s civil-status records in Italy.

Therefore, before obtaining a divorce in Türkiye, it is also important to investigate how the resulting judgment will be recognized in the person’s country of nationality.

What Documents May Be Required for Foreign Nationals Living in Türkiye to Obtain a Divorce?

Depending on the circumstances of the case, the following documents may be relevant:

• Passport or identity document,
• Documents showing residence in Türkiye,
• Marriage certificate,
• Civil-status or marital-status records,
• Documents concerning the children,
• Previous court judgments, if any,
• Power of attorney,
• Documents obtained from foreign countries,
• Apostille certification, where required,
• Turkish translations,
• Notarization.

Depending on the nature of the document, foreign documents intended for use in Türkiye may require an apostille, consular procedures, translation, notarization, or other formalities.

Which Turkish Court Has Jurisdiction Over the Divorce of Foreign Nationals Living in Türkiye?

Where Turkish courts have international jurisdiction, it is necessary to determine which specific Turkish court has territorial jurisdiction.

The domestic territorial jurisdiction rules applicable under Turkish law are relevant in divorce proceedings.

The spouses’ places of residence in Türkiye, their last common place of residence, or other statutory connecting factors may be taken into account.

However, in a case involving a foreign element, simply stating “I live in Istanbul” may not always be sufficient.

First, the international jurisdiction of Turkish courts must be established, and only then can territorial jurisdiction within Türkiye be determined.

Conclusion

Foreign nationals living in Türkiye can obtain a divorce in Türkiye. However, because their divorce proceedings may involve international elements—including their nationalities, habitual residences, connections with Türkiye, the country where their children live, and other international connections—the legal assessment may differ from that applicable to Turkish citizens.

Two foreign nationals living in Türkiye, a Turkish citizen and a foreign national, or a couple consisting of nationals of different countries may, where the relevant conditions are satisfied, obtain a divorce before Turkish courts.

Nevertheless, the most important point is that the jurisdiction of Turkish courts and the application of Turkish law are separate legal questions.

Under the provisions of MÖHUK, the applicable law must first be determined. Divorce, maintenance, custody, and property-related matters must then be assessed under the applicable law.

The spouses’ establishment of a common life in Türkiye, Türkiye becoming their habitual residence, or other connections with Türkiye may be relevant both to whether the case can be heard in Türkiye and to the determination of the applicable law.

For foreign nationals, the recognition of a divorce judgment obtained in Türkiye in their home countries must also be assessed under the relevant rules of those countries concerning the recognition of foreign judgments.

In short, three fundamental questions must be answered together in the divorce proceedings of a foreign national living in Türkiye:

1. Do Turkish courts have jurisdiction to hear the divorce case?
2. Which country’s law will apply to the divorce?
3. How will the divorce judgment issued in Türkiye become effective or recognized in other countries?

Once these three questions have been answered, other legal matters—including an uncontested or contested divorce, maintenance, custody, and property—can be assessed.

Note: Private international law concerning divorce may vary depending on the circumstances of the specific case. The parties’ nationalities, habitual residences, the circumstances of the children, the country where the marriage was concluded, the duration of their life in Türkiye, whether proceedings have already been initiated in another country, and applicable international conventions may affect the outcome. This text is provided for general legal information purposes; in a specific case, the current legislation and applicable international conventions should be examined separately.

Relevant Legal Provisions Concerning the Divorce of Foreign Nationals Living in Türkiye

The principal legislation governing the divorce of foreign nationals living in Türkiye is Law No. 5718 on International Private and Procedural Law (MÖHUK). In addition, where Turkish law is determined to be applicable in a particular case, the provisions of the Turkish Civil Code (Law No. 4721) concerning divorce may also become relevant.

In particular, MÖHUK Articles 1, 2, 14, 15 and 40, together with Articles 161–166 and subsequent provisions of the Turkish Civil Code, should be considered together.

MÖHUK Article 1 — Scope of the Law

Article 1 of Law No. 5718 (MÖHUK) is one of the fundamental provisions determining the applicable rules in private-law relationships containing a foreign element.

The provision regulates the law applicable to transactions and relationships involving a foreign element, the international jurisdiction of Turkish courts, and the recognition and enforcement of foreign court judgments in Türkiye. It also preserves the provisions of international conventions to which Türkiye is a party.

Therefore, in divorce proceedings involving foreign nationals living in Türkiye, the first step is to determine whether the case contains a foreign element and which rules of private international law must be applied.

For example, the following may give a divorce case an international character:

• A marriage between a German national and a Turkish citizen,
• Two foreign nationals living in Türkiye,
• A marriage concluded in Germany,
• Children living in another country.

MÖHUK Article 2 — Application of Foreign Law

MÖHUK Article 2 is important in determining the application of foreign law.

Under this provision, the judge applies ex officio the Turkish conflict-of-laws rules and the foreign law designated as applicable by those rules.

Therefore, the fact that the parties have not specifically requested the application of foreign law does not mean that applicable foreign law can simply be disregarded.

For example, two foreign nationals may file for divorce in Türkiye. Even if a Turkish court has jurisdiction over the case, the conflict-of-laws rules of MÖHUK may result in the application of German, French, Italian, or another country’s law.

Therefore:

“The case was filed in Türkiye.”

does not automatically mean:

“Turkish law will apply.”

This distinction is one of the most important principles of private international divorce law.

MÖHUK Article 14 — Divorce and Separation

The most important provision concerning the divorce of foreign nationals living in Türkiye is MÖHUK Article 14.

Under Article 14/1, the grounds for divorce and separation and the effects of divorce and separation are governed by the spouses’ common national law.

Where 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 provision can be explained through several examples.

If two German nationals live in Türkiye

If both spouses are German nationals, their common national law—German law—is considered first.

The fact that they live in Türkiye does not, by itself, mean that Turkish law applies.

If a Turkish citizen and a German national live in Türkiye

Because the spouses have different nationalities, they do not share a common national law.

In this situation, their common habitual residence becomes important.

If their common habitual residence is in Türkiye, the application of Turkish law may arise.

If two foreign nationals of different nationalities live in Türkiye

For example, if one spouse is a French national and the other is an Italian national and both have been living in Türkiye for a long period, there is no common national law. Their common habitual residence must therefore be considered.

If their common habitual residence is in Türkiye, Turkish law may apply under MÖHUK Article 14.

For this reason, the concept of habitual residence is extremely important for foreign nationals living in Türkiye.

MÖHUK Article 14/2 — Maintenance Between Divorced Spouses

Divorce proceedings concern not only the termination of the marriage but also possible maintenance claims between the spouses.

MÖHUK Article 14/2 provides that the law specified in the first paragraph applies to maintenance claims between divorced spouses. The same rule also applies to separation and annulment of marriage.

Therefore, where a foreign national seeks maintenance in divorce proceedings in Türkiye, the first step is to determine which country’s law applies under MÖHUK Article 14.

The fact that a Turkish court hears the case does not necessarily mean that Turkish law will govern the maintenance claim.

MÖHUK Article 14/3 — Custody

One of the most important issues in international divorce proceedings is child custody.

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

Accordingly, in divorce proceedings involving foreign nationals in Türkiye, the applicable law must first be determined with respect to custody.

For example, where the mother is a French national, the father is a Turkish national, and their children live in Türkiye, it is not sufficient to determine the applicable law solely by considering the parents’ nationalities.

The spouses’ common habitual residence and the connecting factors set out in MÖHUK Article 14 must also be taken into account.

MÖHUK Article 14/4 — Interim Measures

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

MÖHUK Article 14/4 expressly provides that Turkish law applies to requests for interim measures.

Therefore, in divorce proceedings involving a foreign element that are pending before Turkish courts, Turkish law is particularly relevant to interim protective measures.

MÖHUK Article 15 — Matrimonial Property

In addition to divorce, the liquidation of the spouses’ property regime may also become an issue.

MÖHUK Article 15 regulates the law applicable to matrimonial property.

Under this provision, the spouses may, subject to certain conditions, expressly choose the law of their habitual residence or national law at the time of marriage.

If no choice of law has been made, the following laws are considered successively:

1. The spouses’ common national law at the time of marriage;
2. If there is no common national law, their common habitual residence law;
3. If there is no common habitual residence, Turkish law.

In addition, in the liquidation of property, the law of the country where immovable property is located applies to immovable property.

Therefore, if foreign nationals living in Türkiye own a house or plot of land in Türkiye, the law applicable to that property may need to be considered separately from the law applicable to the divorce itself.

MÖHUK Article 40 — International Jurisdiction of Turkish Courts

MÖHUK Article 40 is one of the fundamental provisions concerning the international jurisdiction of Turkish courts.

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

Accordingly, two separate stages must be distinguished in the divorce proceedings of a foreign national living in Türkiye:

First stage: Do Turkish courts have international jurisdiction to hear the case?

Second stage: Which particular Turkish court has territorial jurisdiction within Türkiye?

Therefore, merely being present in Türkiye and having a particular Turkish court automatically possess territorial jurisdiction are not the same thing.

Does MÖHUK Article 41 Directly Apply to Foreign Nationals Living in Türkiye?

An important distinction must be made here.

MÖHUK Article 41 concerns actions relating to the personal status of Turkish citizens. Under certain conditions, it provides special jurisdictional rules for Turkish citizens and may designate courts in Türkiye, including, at the final stage, courts in Ankara, Istanbul, or Izmir.

However, this provision is not a general jurisdictional provision for divorce proceedings involving foreign nationals.

In divorce proceedings involving foreign nationals living in Türkiye, MÖHUK Article 40 and the relevant territorial jurisdiction rules under Turkish domestic law should primarily be considered.

Therefore, the jurisdictional system applicable to Turkish citizens under MÖHUK Article 41 should not be confused with the jurisdictional system applicable to foreign nationals.

Turkish Civil Code Article 161 — Adultery

If the conflict-of-laws analysis under MÖHUK results in Turkish law being applicable, the divorce provisions of the Turkish Civil Code become relevant.

Article 161 of the Turkish Civil Code regulates divorce on the ground of adultery.

Accordingly, where one spouse commits adultery, the other spouse may file for divorce.

The provision also establishes a time limit of six months from the date on which the ground for divorce is discovered and, in any event, five years from the date of the adultery. A spouse who has forgiven the adultery cannot bring an action on that ground.

Turkish Civil Code Article 162 — Intent Against Life, Cruel or Degrading Treatment

Article 162 of the Turkish Civil Code provides that a spouse may seek divorce where the other spouse attempts against their life, treats them cruelly, or subjects them to severely degrading treatment.

The statutory time limits and the legal consequences of forgiveness are also important under this provision.

However, it must again be emphasized:

Article 162 can apply only where Turkish law has been determined to be the applicable law in the particular case.

Turkish Civil Code Article 163 — Commission of a Crime and Leading a Dishonorable Life

Article 163 of the Turkish Civil Code provides that where one spouse commits a humiliating or degrading crime or leads a dishonorable life and, as a result, the continuation of the marital relationship becomes intolerable for the other spouse, the other spouse may seek divorce.

This is another specific ground for divorce that becomes relevant where Turkish law applies.

Turkish Civil Code Article 164 — Abandonment

Article 164 of the Turkish Civil Code regulates divorce on the ground of abandonment.

Where one spouse leaves the marital union with the intention of failing to fulfill obligations arising from the marriage or fails to return to the marital home without a justified reason, divorce may be sought if the statutory conditions are satisfied.

The notice and waiting-period requirements under this provision are also important.

Turkish Civil Code Article 165 — Mental Illness

Article 165 of the Turkish Civil Code regulates divorce where one spouse suffers from mental illness and, as a result, continuation of the common life becomes intolerable for the other spouse.

The statutory requirements include a determination by an official medical board that there is no possibility of recovery from the illness.

Turkish Civil Code Article 166 — Breakdown of the Marital Union

One of the most frequently encountered grounds for divorce in Türkiye is Article 166 of the Turkish Civil Code, concerning the breakdown of the marital union.

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

Uncontested Divorce

Under Article 166/3 of the Turkish Civil Code, where the marriage has lasted for at least one year, an uncontested divorce may be possible if the spouses jointly apply for divorce or one spouse accepts the divorce action filed by the other.

However, the judge must personally hear the parties and determine that their agreement concerning the financial consequences of the divorce and the situation of the children is appropriate. The judge may make changes to the agreement by taking into account the interests of the spouses and the children.

In an uncontested divorce involving foreign nationals in Türkiye, however, it must first be determined whether Turkish law is applicable under MÖHUK.

A Recent Amendment: Article 166/4 of the Turkish Civil Code

Attention must be paid to the current wording of Article 166/4 of the Turkish Civil Code.

With an amendment dated 14 November 2024, the period previously provided for under the provision was reduced from three years to one year.

Accordingly, if one of the spouses has filed a divorce action, the action has been dismissed and the dismissal has become final, and one year has passed without the spouses re-establishing their common life, the marital union may be deemed to have fundamentally broken down. Upon the request of either spouse, the court may then grant a divorce.

Therefore, information found in older online sources stating that “divorce can be obtained after three years” should not be relied upon as an accurate statement of current law.

Summary of the Relevant Legal Provisions

When these provisions are considered together, the basic framework of divorce proceedings for foreign nationals living in Türkiye can be summarized as follows:

First, MÖHUK is applied → the law applicable to the relationship involving a foreign element is determined → the international jurisdiction of Turkish courts is assessed → the grounds for divorce are examined under the applicable law → the consequences concerning maintenance, custody, and property are assessed separately.

In particular, MÖHUK Article 14 is one of the most important provisions for foreign nationals living in Türkiye. The fact that a foreign national lives in Türkiye does not, by itself, mean that Turkish law will apply. The spouses’ nationalities and common habitual residence must first be considered.

Similarly, under MÖHUK Article 15, it should not be assumed that the divorce and the liquidation of the matrimonial property regime are necessarily governed by the same law. The special rule concerning the law of the place where immovable property is located is particularly important for property situated in Türkiye.

Finally, for a foreign national living in Türkiye, the fact that a Turkish court has issued a divorce judgment does not automatically mean that the judgment will have civil-status effects in the person’s home country. The relevant country’s rules concerning recognition of foreign court judgments must be examined separately.

The issuance of a divorce judgment in Türkiye and the recognition of that judgment in another country are two different legal matters.

Note: This content is provided for general legal information purposes. The law applicable in international divorce proceedings may vary depending on the parties’ nationalities, habitual residences, the circumstances of the children, the country where the marriage was concluded, the countries in which assets are located, whether proceedings have previously been initiated, and applicable international conventions. In a specific case, the current legislation and relevant international conventions should be examined separately.