The divorce case from a foreign spouse does not differ from the general divorce case process. It is generally judged within the framework of legal norms. However, in order for the divorce decisions of foreign spouses abroad to be recognised in Turkey, the finalised decision in the relevant country must be submitted to the court with a recognition and enforcement case. These decisions are not directly recognised in Turkey and must go through the recognition process.
With the increasing use of social media and international travel opportunities, the number of marriages between Turkish citizens and foreign nationals is increasing. However, this increase also leads to an increase in divorce cases. In this case, problems such as in which court the divorce case will be heard and which law will be applied arise.
The process of divorce from a foreign national spouse may differ for each case, but in general, two types of cases can be filed:
- Uncontested divorce case
- Contentious divorce case
Process of Divorce Case from Foreign Spouse
In Turkey, the process of divorce from a foreign national spouse is governed by the Turkish Civil Code and related legal regulations. It is important to follow these steps to initiate divorce proceedings:
- Obtaining Legal Support: As the process of divorce from a foreign national spouse is often complex, it is important to work with a family law attorney. The lawyer will help protect your and your spouse’s rights and provide guidance on domestic and international legal issues.
- Filing for Divorce: The divorce petition is filed with the Family Court in your province and district. In the divorce petition, the reasons for divorce and the demands should be stated in detail. The right to file for divorce is granted to both spouses.
- Notification: The divorce petition and related documents must be served to the spouse. If your spouse lives abroad, the notification process must comply with international law norms and bilateral agreements between Turkey and the relevant country. If your spouse has a lawyer, the notification process may be easier.
- Children and Property Sharing: If you have children, you should organise issues such as custody, alimony and personal relationship with the child. Also, the division of property and debts acquired during the marriage should be agreed upon.
- Court proceedings: The divorce case will be heard at the Family Court in Turkey. The court will evaluate all the evidence and allegations and decide on the divorce. If the parties choose an uncontested divorce, the process may proceed faster.
- Recognition and Enforcement of Divorce Decree: If the divorce decision must be recognised and enforced in your spouse’s country, this process must be carried out according to the rules of international law.
Uncontested Divorce with Foreign Spouse
The uncontested divorce process between the parties takes place on the basis of mutual understanding and co-operation. At the beginning of this process, the spouses have to reach an agreement on basic issues such as property division, alimony, child custody. The uncontested divorce process of foreign spouses may vary depending on local legal regulations and the agreements of the parties.
Legal support plays an important role in this process. By working with a lawyer specialised in family law, foreign spouses can ensure the legal validity of their agreement and its compliance with local legal requirements.
The uncontested divorce protocol is an important stage where all agreed issues are documented in writing. This protocol must be signed by both parties and have a detailed content.
The application for divorce is made to the local court and the uncontested divorce protocol and other necessary documents are also submitted. The court process is usually faster and less complicated. The court evaluates the uncontested divorce protocol and makes sure that the settlement between the parties is fair.
If the divorce has taken place in the foreign spouse’s country, i.e. the recognition and enforcement of the divorce decree is carried out in accordance with the rules of international law, if necessary. At this point, an experienced family law attorney plays an important role in ensuring that the process is smooth and legally valid.
The process of uncontested divorce between foreign spouses can become less stressful with the co-operation and agreement of the parties. However, the guidance of a specialised lawyer is important for the process to be smooth and legally sound.
Contentious Divorce with Foreign Spouse
When there is no consensus between the parties on divorce, a contentious divorce case may come to the agenda. In this type of case, one of the parties may oppose the divorce or there may be disagreement on material and moral issues even if both parties want to get a divorce. Especially if divorce cases from a foreign spouse are filed as contentious, the litigation process may be long and complicated.
In contentious divorce cases, the party requesting divorce may justify the general grounds for divorce, such as the fundamental breakdown of the marriage union, as well as the special grounds for divorce regulated in the law with concrete evidence, such as adultery.
Citizenship Acquired Through Marriage, Cancellation of Residence and Work Permit
The process of obtaining Turkish citizenship for foreigners can be realised through marriage and this process is subject to certain conditions. These conditions are as follows:
- It is necessary to be married to a Turkish citizen for at least three years.
- It is required to live in family unity during the marriage.
- It is important not to engage in activities that contradict the marriage union.
- It is required not to create any obstacle in terms of national security and public order.
If a foreign national has not yet acquired Turkish citizenship as a result of his/her marriage with a Turkish citizen, this possibility of acquiring citizenship ends in case of divorce. However, even in case of divorce of an individual who has become a Turkish citizen by marriage, Turkish citizenship continues. Nevertheless, depending on the characteristics of the case between the foreign spouse and the Turkish citizen spouse, the residence and work permit of the foreign spouse may be cancelled. As a result of the divorce case from the foreign spouse, the person may even lose his/her citizenship.
Validity of the Divorce Decree Obtained in a Foreign Country in Turkey
A divorce decree issued in a foreign country is not automatically recognised as valid in our country. In order for this decision to be recognised in our country, it must be subject to special recognition and enforcement procedures. Otherwise, the marriage of the couples will have ended only on paper and the decision of the foreign court will not be legally recognised in our country.
In order for a foreign court’s divorce judgement to be recognised in Turkey, at least one party must reside in Turkey. Upon filing a recognition and enforcement case, the court will issue a recognition and enforcement decision after the submission of an apostilled copy of the foreign court’s decision. As a result of this process, the divorce in a foreign country will be legally recognised in Turkey.