Akkas & Associates is a globally recognized Turkish family law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Our Turkish family lawyers and divorce attorneys are prepared to handle divorce cases, from a simple no-contest divorce proceeding to a complicated divorce with significant property and children. Our divorce lawyers also represent our clients in other family law issues including; contested divorce, uncontested divorce, alimony & compensation, child custody, child support, foreign divorce decree recognition in Turkey, and other family law litigation.
We understand your needs when it comes to family law issues. We’re dedicated to helping you make the right decisions, even during difficult and emotional circumstances. Our Turkish family lawyers and divorce attorneys give you sound legal advice based upon the law, our experience and the unique facts of your situation. Our firm’s family lawyers are devoted exclusively to family law issues including contested divorce, uncontested divorce, alimony & compensation, child custody & support, recognition of foreign divorce decrees, and litigation.
Foreign Divorce Decree Recognition in Turkey
A divorce decree obtained from a non-Turkish court does not automatically annul a marriage that was registered or has taken place in Turkey. Any Turkish citizen involved in such a legal separation should file a suit in Turkey to have the foreign divorce decree recognized by a Turkish family court. Divorce decrees issued in jurisdictions outside of Turkey are not considered valid for purposes of divorce in Turkey.
However, under certain circumstances it may be advisable for the divorcees to also register the divorce with the Turkish Family Courts in order to legally terminate the marriage in Turkey. This is not necessary for all cases and would generally only take place if a marriage which was originally registered with the Turkish consulate or local Vital Statistics Office (Nufus Dairesi) where one member may continue to reside in Turkey, and for the purposes of that person’s legal standing within Turkey.
A power of attorney, available in Turkey from any notary public, must be granted to an attorney who will start the divorce proceedings.
The followings are needed:
1. A Power of Attorney to a lawyer in Turkey
2. Original copy of the divorce decree
Similarly, if you have a divorce decree obtained from a Turkish court and want to have it recognized in your own country, you will need to have a court case filed in your country to have the Turkish court decree recognized.
Divorce decrees passed by foreign courts for Turkish citizens living abroad are subject to filing a recognition lawsuit to make them valid and enforceable in Turkey. Recognition refers to approval of a sentence passed by a foreign court to make it valid in Turkey. Legal outcomes of such sentence will be determined subject to the laws governing the foreign court. If such sentence is found unrecognizable, it will not bear any legal effect. However, such unrecognized sentences can be used as evidence to prove a dispute.
Execution refers to approval of a sentence passed by a foreign court to make it enforceable in Turkey. Execution can also be issued not to enforce such sentence, but to use such sentence as a final evidence or final order.
General Information About Recognition and Execution
- Recognition and execution for sentences passed by foreign courts are subject to filing a proper lawsuit to apply for the same, cannot be issued through a pre-hearing review.
- Such lawsuits are subject to the usual civil procedures law.
- Hearings or sessions for such lawsuits can be held during a legal holiday.
- If the petitioner is not a resident of Turkey, he/she must deposit a legal guarantee with the court. The amount of the said legal guarantee will be decided by the judge at his discretion. If Turkey and the other country signed a reciprocality agreement providing exemption for such legal guarantee, the court will not require such legal guarantee.
- Jurisprudence for such lawsuits is the court having jurisprudence over the respondent’s residence (i.e. the borough where the respondent was birth registered). If the respondent is not such resident of Turkey, jurisprudence is the court having jurisdiction over the borough where the respondent is living in Turkey. If the respondent does not live in Turkey, jurisprudence is the courts of Ankara, Istanbul, or Izmir.
- Venue for such lawsuits is the court of family affairs.
Turkish Family Law & Divorce Regulations
Turkey legally recognizes marriages executed in Turkey. A marriage is registered at a local Vital Statistics Office (Nufus Dairesi). In Turkey, all family records are recorded in the Vital Statistics office that was the original home to the family. Even if no one currently lives in that area, births, marriages, divorces, and other events are recorded in this one location.
In the event the marriage was executed in another country, the marriage may be registered through the nearest Turkish consulate. The Turkish Consulate will forward the documents to the office that handles that family record book.
To terminate a legal marriage it is required to obtain a divorce decree from a Turkish family court. Divorce proceedings are generally open to the public. However, at the request of either party, a judge may choose to preside over a closed or private court case. Judges may also take temporary measures for the protection of the parties, their property, and the welfare of their children.
Separation Regulations in Turkey
When a divorce case is filed, a judge may decide on separation, if he or she determines there is a possibility of the parties reconciling. A period of 1-3 years can be given for separation before the final decision to grant a divorce is reached.
Following a divorce, the woman generally resumes the last name she had before the marriage. She may, however, continue to use her husband’s last name if the judge approves this decision. The divorced woman may not legally remarry within 300 days following the date of the dissolution except in cases where court permission is obtained.
In divorce cases in Turkey, the court also rules on child custody issues. The court may compel non-custodial parents to contribute to each child’s health and education expenses in proportion to the parent’s economic status.
Reach us for Foreign Divorce Decree Recognition in Turkey
Akkas & Associates is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s family law & divorce. Since 1992, our lawyers have been helping clients’ complex legal challenges and maximize opportunities for success. Our law firm is now one of the leading family law & divorce law firms in Istanbul, Turkey. You may reach us for Foreign Divorce Decree Recognition in Turkey through our Contact page.