Divorce proceedings in Turkey may involve much more than ending a marriage. Depending on the circumstances, the case may also involve child custody, alimony, financial compensation, marital property, family residence issues and the recognition of a divorce judgment obtained in another country.

For foreign nationals, Turkish citizens living abroad and international families, an additional question must be answered at the beginning: Can the divorce be handled before the Turkish courts, and which law and procedure will apply?

Attorney Ayşe Deniz Oral provides legal representation and consultancy in divorce and family law matters in Turkey. With more than 15 years of legal experience, her practice focuses particularly on contested and uncontested divorce proceedings, child custody, alimony and disputes concerning marital property.

A divorce case should not begin with a standard petition prepared without examining the marriage. The place where the spouses live, their nationalities, where the marriage was registered, whether there are children, the location of family assets and whether a divorce case or judgment already exists abroad may all affect the legal strategy.

Divorce in Turkey for Foreigners and International Couples

Being married in Turkey does not automatically mean that every future divorce must be filed in Turkey. Likewise, a marriage celebrated abroad does not necessarily prevent divorce proceedings from taking place before a Turkish court.

In international divorce cases, jurisdiction must be examined according to the particular circumstances of the spouses and the rules of Turkish private international law.

Relevant factors may include:

the nationality of each spouse,
the spouses’ place of residence,
their last common residence,
whether one of the spouses lives in Turkey,
whether one or both spouses are Turkish citizens,
whether divorce proceedings have already started abroad,
and whether a foreign divorce judgment has already been issued.

For this reason, a foreign spouse should not assume that a Turkish court has jurisdiction merely because the marriage has a connection with Turkey. The jurisdictional position should be established before proceedings are commenced.

Can a Foreigner File for Divorce in Turkey?

A foreign national may be able to become a party to divorce proceedings before a Turkish court where the jurisdictional requirements are satisfied.

There is no general rule requiring both spouses to be Turkish citizens in order for a Turkish court to hear a family-law dispute. However, the existence of jurisdiction and the law applicable to the divorce must be considered separately.

An international divorce may involve more than one legal system. For example, the spouses may have different nationalities, may have married in one country, lived together in another and own property in Turkey.

This makes it especially important to determine at the outset which issues can be decided in the Turkish proceedings and whether any related action must be taken abroad.

Where Is a Divorce Case Filed in Turkey?

For domestic jurisdiction, Article 168 of the Turkish Civil Code provides that divorce proceedings may generally be brought before the court at the place of residence of either spouse or at the place where the spouses lived together for at least six months immediately before the proceedings.

International cases require an additional examination under Turkish private international law.

A person who owns property in Turkey or regularly visits Turkey does not automatically obtain the right to file a divorce case in any Turkish city of their choice.

The correct court should therefore be determined before filing the petition. Filing before a court without jurisdiction may result in procedural objections and unnecessary delay.

Uncontested Divorce in Turkey

Where both spouses agree to divorce and also agree on the legal consequences of divorce, an uncontested divorce may be possible.

Under Article 166/3 of the Turkish Civil Code, one of the fundamental requirements is that the marriage must have lasted for at least one year.

The spouses must reach agreement on matters such as:

divorce itself,
child custody,
contact between the child and the non-custodial parent,
child support,
spousal alimony where applicable,
financial compensation,
and other consequences of the divorce that need to be regulated.

A written divorce protocol is normally prepared and submitted to the court.

An uncontested divorce should not be treated as a simple formality. Broad wording such as “the parties have no further claims against each other” may have consequences beyond the immediate divorce case, particularly where the spouses own property, vehicles, businesses or other significant assets.

The treatment of marital property and other financial rights should therefore be considered before the agreement is signed.

Do Both Spouses Have to Attend an Uncontested Divorce Hearing?

Turkish law requires the judge in an uncontested divorce to personally hear the spouses and to be satisfied that their consent to divorce has been freely expressed.

For that reason, an uncontested divorce should not be approached on the assumption that signing a power of attorney will always remove the need for personal participation by the spouses.

Where one or both spouses live abroad, the procedural arrangements should be considered before the case is filed. The possibilities available may depend on the circumstances of the case, the court and the applicable procedural rules.

A person living abroad should therefore avoid making travel arrangements based solely on the assumption that the divorce will automatically be completed without personal involvement.

Contested Divorce in Turkey

A divorce is contested when one spouse does not agree to divorce or when the spouses cannot agree on issues such as custody, alimony or compensation.

A contested divorce is not decided merely because one spouse states that the marriage is unhappy.

The events relied upon as grounds for divorce must be properly presented and, where disputed, supported by admissible evidence.

Depending on the case, relevant matters may include:

physical violence,
verbal abuse,
economic abuse,
infidelity,
abandonment of marital responsibilities,
persistent interference by relatives,
serious financial misconduct,
failure to establish a common marital life,
or other conduct that has seriously affected the marriage.

The legal significance of each event and the available evidence should be assessed before the petition is prepared.

A lengthy description of every disagreement during the marriage is not necessarily helpful. A well-prepared divorce case distinguishes legally relevant facts from ordinary disagreements between spouses.

What Happens if My Spouse Does Not Want a Divorce?

One spouse cannot prevent the other from filing a contested divorce case simply by saying, “I do not agree to the divorce.”

Where the statutory grounds for divorce exist and are proved, the Turkish court may grant a divorce despite the opposition of the other spouse.

The important issue is therefore not whether the defendant agrees with the divorce but whether the legal grounds relied upon in the proceedings can be established.

Where the defendant also has grounds for divorce, filing a counterclaim may need to be considered rather than simply requesting dismissal of the first case.

My Spouse Lives Abroad. Can I Still Divorce in Turkey?

The fact that one spouse lives in another country does not by itself prevent divorce proceedings in Turkey.

However, international service of documents can make the proceedings more complex. The method and timing of service may depend on the country in which the spouse resides and the international agreements applicable between that country and Turkey.

Turkey is party to a number of international conventions concerning service abroad and other matters of international judicial cooperation.

An overseas address should therefore be provided accurately. Incorrect or incomplete address information may cause substantial delay.

Where both spouses live abroad, the jurisdiction of the Turkish courts should be examined before any proceedings are commenced.

Do I Have to Come to Turkey for My Divorce Case?

Not every stage of every divorce case requires a party to be physically present in Turkey.

A lawyer may carry out many procedural steps on behalf of a client under a valid power of attorney, including the preparation and filing of petitions, following the court file and attending hearings where personal attendance is not legally required.

However, whether the client must personally participate depends on the type of proceeding and the particular procedural issue.

This distinction is especially important in uncontested divorce proceedings because Turkish law requires the judge to personally hear the spouses.

A person living abroad should therefore have the case assessed before assuming either that they must travel to Turkey for every hearing or that they will never have to attend personally.

Power of Attorney for a Divorce Case in Turkey

Divorce is one of the matters for which a lawyer’s power of attorney requires specific authority.

A person living outside Turkey may generally arrange the required power of attorney through a Turkish consulate or, depending on the country, before a competent foreign authority.

Documents issued abroad may require an apostille or other legalisation procedure, together with an appropriate Turkish translation, depending on where and how the document was prepared.

The wording and formal requirements of the power of attorney should be confirmed before it is signed. Preparing a general power of attorney that does not contain the authority required for divorce proceedings may result in the document having to be issued again.

Child Custody in a Turkish Divorce

Where the spouses have children, custody is determined according to the child’s best interests.

Turkish law does not contain an absolute rule that custody must always be awarded to the mother or to the parent with the higher income.

The court may consider matters such as:

the age and needs of the child,
the child’s existing living arrangements,
education,
health,
the relationship with each parent,
each parent’s ability to provide care,
continuity and stability,
and other circumstances affecting the child’s welfare.

The financial position of the parents is relevant but does not by itself determine custody.

The parent who does not receive custody may normally have a personal relationship and contact arrangement with the child, while also contributing to the child’s maintenance according to financial capacity.

International families may face additional problems where one parent wishes to live with the child in another country. In such cases, custody, relocation, travel consent and international child abduction rules may become relevant and should not be treated as a routine domestic custody dispute.

Alimony and Child Support in Turkey

There is no universal table under Turkish law stating that a person earning a particular salary must pay a fixed amount of alimony.

The amount depends on the type of maintenance claimed and the financial and personal circumstances of the parties.

During divorce proceedings, temporary maintenance may be ordered for a spouse or child where the legal conditions are met.

Following divorce, a spouse who will fall into poverty as a result of the divorce may, subject to the requirements of the Turkish Civil Code, seek poverty alimony.

Child support is determined primarily by the child’s needs and the financial capacity of the parents.

Salary is not necessarily the only indication of financial capacity. Depending on the case, rental income, business interests, property ownership, agricultural income and other economic resources may also be relevant.

For international clients, income earned abroad may therefore need to be documented in a manner that can be evaluated by the Turkish court.

Division of Marital Property After Divorce in Turkey

Divorce and division of marital property are related but legally distinct matters.

The fact that a property is registered solely in one spouse’s name does not always determine whether the other spouse has a financial claim arising from the matrimonial property regime.

Likewise, marriage does not mean that every asset owned by either spouse is automatically divided equally.

The date and method by which the property was acquired are important.

Depending on the applicable matrimonial property regime, assets acquired through employment and other forms of earned income during the marriage may be treated differently from assets acquired before marriage or received by inheritance or gift.

Property brought into the marriage, inherited assets and gifts may be personal property, although later income or investments connected with those assets may require separate analysis.

Where one or both spouses are foreign nationals, additional questions may arise concerning which country’s law applies to the matrimonial property regime.

For this reason, an international divorce involving valuable property should be reviewed before any broad waiver of financial rights is included in an uncontested divorce agreement.

Property in Turkey After a Foreign Divorce

A foreign divorce judgment does not automatically resolve every property issue in Turkey.

For example, former spouses may have divorced abroad while still owning an apartment, land, bank assets or other property in Turkey.

Whether a separate claim can or must be brought in Turkey depends on the nature of the asset, the matrimonial property regime, the foreign judgment and the relief already granted abroad.

The divorce judgment and the property dispute should therefore be examined separately.

Recognition of a Foreign Divorce Judgment in Turkey

A person who has already divorced abroad may not need to obtain a second divorce in Turkey.

Instead, the foreign divorce may need to be recognised or registered in Turkey so that the person’s civil status is updated under Turkish law.

Turkish legislation provides more than one mechanism for dealing with foreign divorce decisions.

In cases satisfying the statutory requirements, a foreign judicial or administrative divorce decision may be registered in the Turkish civil registry through the administrative procedure provided under Article 27/A of the Population Services Law.

Where the requirements for administrative registration are not met, recognition proceedings before a Turkish court may be necessary.

Recognition is particularly important for Turkish citizens who divorced abroad but continue to appear as married in Turkish civil records.

Issues relating to enforcement may also arise where the foreign judgment contains financial obligations or other orders requiring execution in Turkey.

I Divorced Abroad but Still Appear Married in Turkey

This situation should not be resolved by filing another ordinary divorce case without first examining the foreign judgment.

The foreign decision should be reviewed to determine:

whether it is final,
which authority issued it,
whether the administrative registration procedure is available,
whether recognition by a Turkish court is required,
and whether any additional orders require enforcement.

The original foreign decision, proof that it has become final and properly authenticated translations are commonly important in this process.

The exact documentation depends on the country in which the divorce was granted and the procedure to be used in Turkey.

Can a Turkish Divorce Judgment Be Used Abroad?

A Turkish divorce judgment may also need to be recognised or registered in the country where one of the former spouses lives or holds citizenship.

A Turkish court judgment does not necessarily update civil-status records in every other country automatically.

The procedure depends on the law of the country in which recognition is sought and any applicable international agreements.

Clients who have connections with more than one jurisdiction should therefore consider the legal effect of the divorce in each relevant country, particularly before remarriage or when dealing with inheritance, property or child-related matters.

Evidence in a Contested Divorce Case

Evidence should be collected with particular care in divorce proceedings.

Depending on the allegations, evidence may include:

witness testimony,
messages and correspondence,
bank records,
medical documentation,
police or prosecution records,
photographs,
social media material,
travel or accommodation records,
and financial documents.

The existence of potentially useful information does not automatically mean it may lawfully be used as evidence.

Accessing a spouse’s password-protected accounts, intercepting communications or secretly obtaining private material may raise separate questions concerning privacy and the admissibility of evidence.

For this reason, clients should avoid taking intrusive steps merely because they believe that “anything showing the truth can be used in court.”

The way in which evidence was obtained may be as important as what it shows.

How Long Does a Divorce Take in Turkey?

There is no reliable single timeframe for every divorce case.

An uncontested divorce in which the documentation is complete and both spouses maintain their agreement may be resolved considerably faster than a contested case.

A contested case may require multiple rounds of written submissions, witness evidence, financial investigations, expert reports or reports concerning children.

Proceedings may also take longer where a spouse lives abroad and international service is required.

After the first-instance decision, appeal proceedings may also affect the overall duration.

For this reason, promises that every divorce will be completed within a fixed number of days should be treated cautiously.

Divorce Lawyer for Turkish Citizens Living Abroad

A substantial number of Turkish family-law cases involve clients living in Germany, the Netherlands, France, Belgium, Austria, the United Kingdom, the United States and other countries.

A Turkish citizen living abroad may require legal assistance in Turkey where:

a divorce case will be filed in Turkey,
the other spouse has filed proceedings in Turkey,
a foreign divorce must be recognised in Turkey,
there is property in Turkey,
custody or child support proceedings have a Turkish connection,
or Turkish civil records have not been updated following a foreign divorce.

Where appropriate, many procedural matters may be handled through a lawyer under a properly prepared power of attorney, reducing the need for repeated travel to Turkey.

Legal Representation in Divorce Proceedings in Turkey

Before a divorce case is filed, the legal and factual position should be reviewed as a whole.

This may include examining the marriage and residence history of the spouses, determining jurisdiction, identifying the appropriate grounds for divorce, reviewing existing foreign proceedings, evaluating evidence and deciding which financial and child-related claims should be made within or separately from the divorce proceedings.

During the case, legal representation may include:

preparing and filing the divorce petition,
responding to a divorce claim,
filing a counterclaim where appropriate,
submitting and challenging evidence,
requesting temporary measures,
handling alimony and custody claims,
attending hearings,
reviewing expert and social investigation reports,
pursuing appeal proceedings,
and coordinating related property or recognition proceedings.

International cases also require particular attention to powers of attorney, translations, apostille requirements, international service and the legal effects of judgments in more than one country.

Attorney Ayşe Deniz Oral

Attorney Ayşe Deniz Oral has more than 15 years of legal experience and provides legal consultancy and representation primarily in divorce and family law matters.

Her practice includes contested and uncontested divorce, alimony, child custody, marital property disputes and international family-law matters involving spouses living abroad or foreign judgments requiring legal effect in Turkey.

Legal services are also provided in inheritance law, compensation claims, real estate and title deed disputes and dissolution of joint ownership.

Clients may obtain legal representation in proceedings before Turkish courts where the applicable jurisdictional and procedural requirements are satisfied.

For an international divorce matter, the first step is to determine whether proceedings should be brought in Turkey, whether another proceeding or judgment already exists abroad and which issues need to be handled separately from the divorce itself.

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