Divorce becomes more complicated when there is an international element involved. One spouse may be a Turkish citizen and the other a foreign national, both spouses may be foreigners living in Turkey, or the couple may have married or divorced in another country while still having legal ties to Turkey.
In these cases, the first question is not simply whether the couple can divorce. It is also necessary to determine whether the Turkish courts have jurisdiction and which country’s law will apply to the divorce.
The same questions may arise in relation to child custody, maintenance, foreign divorce judgments and children who are taken from one country to another following the breakdown of a marriage.
- Can Foreigners Get Divorced in Turkey?
Foreign nationality does not, by itself, prevent a divorce case from being heard in Turkey. However, a connection with Turkey does not automatically mean that every international divorce can be filed before the Turkish courts.
Under Law No. 5718 on Private International and Procedural Law, the international jurisdiction of Turkish courts is, as a general rule, determined by reference to the domestic rules on territorial jurisdiction.
For this reason, jurisdiction must be considered separately in each case according to the circumstances of the spouses.
There is also an important distinction between which court has jurisdiction and which country’s law that court will apply. A Turkish court hearing an international divorce case does not necessarily apply Turkish substantive law to every issue.
- Which Law Applies to an International Divorce in Turkey?
Article 14 of Law No. 5718 contains the principal conflict-of-laws rule for divorce and separation.
As a general rule, the grounds and consequences of divorce are governed by the spouses’ common national law. If the spouses have different nationalities, their common habitual residence law applies. If there is no common habitual residence, Turkish law applies.
This distinction can be particularly important in marriages between a Turkish citizen and a foreign citizen.
The same conflict-of-laws framework also applies to maintenance claims between divorced spouses and, in the context of divorce, to custody and custody-related matters. Temporary measures, however, are governed by Turkish law.
International divorce cases should therefore be assessed individually rather than on the assumption that Turkish law automatically applies simply because proceedings are brought in Turkey.
- Contested and Uncontested Divorce in Turkey
Where Turkish substantive law is applicable, a divorce may proceed on a contested or, if the statutory conditions are satisfied, an uncontested basis.
In an uncontested divorce under Turkish law, the spouses must have been married for at least one year. They must agree on the divorce and its financial consequences as well as the arrangements concerning their children. The judge must hear the spouses personally and be satisfied that their declarations have been made freely.
If the spouses cannot reach an agreement, the case will proceed as a contested divorce. Depending on the issues in dispute, the court may need to examine documents, witness statements and other evidence and determine matters such as custody, maintenance and compensation.
International cases may involve additional procedural steps, particularly where a spouse lives abroad and court documents need to be served internationally.
- Do I Have to Come to Turkey for My Divorce?
A person living abroad can appoint a lawyer in Turkey through an appropriately issued power of attorney, and many procedural steps can be handled by the lawyer on the client’s behalf.
This does not mean, however, that personal attendance will never be required.
In particular, where an uncontested divorce is proceeding under Turkish law, the Turkish Civil Code requires the judge to hear the spouses personally. Clients living abroad should therefore obtain advice on attendance requirements before making assumptions about whether the entire case can be completed remotely.
- I Divorced Abroad. Do I Need to Do Anything in Turkey?
Possibly.
A divorce judgment obtained abroad may be fully effective in the country where it was issued but may still require further steps before it produces the necessary legal effects in Turkey.
This is particularly relevant where one of the former spouses is a Turkish citizen and the marriage continues to appear in the Turkish civil registry.
However, filing a recognition lawsuit is not required in every case.
Under Article 27/A of the Population Services Law No. 5490, certain decisions issued by foreign judicial or administrative authorities concerning divorce, annulment or the existence of a marriage can be registered directly in the Turkish civil registry if the statutory requirements are satisfied.
The appropriate route therefore depends on the foreign decision, the status of the parties and whether the legal requirements for administrative registration are met.
If those requirements are not satisfied and the registration request is refused, recognition proceedings under Law No. 5718 may be necessary.
- What Is the Difference Between Recognition and Enforcement?
Recognition and enforcement serve different purposes.
Recognition allows the legal effect of a foreign judgment to be accepted in Turkey. In the context of divorce, this may be necessary to establish in Turkey that the marriage has legally ended.
Enforcement becomes relevant where an enforceable part of a foreign judgment is intended to be executed in Turkey.
For example, a foreign judgment may not only dissolve the marriage but may also contain financial orders. Whether recognition alone is sufficient or enforcement is also required will depend on the content of the judgment and the legal effect sought in Turkey.
Foreign judgments must also satisfy the requirements of Turkish private international law before recognition or enforcement can be granted.
- Child Custody in an International Divorce
Custody can be one of the most difficult aspects of an international divorce, particularly where the parents intend to live in different countries.
In a divorce falling within Article 14 of Law No. 5718, the law applicable to custody and custody-related issues is determined under the conflict-of-laws rules applicable to the divorce.
Where Turkish law applies, decisions concerning custody are made with the interests and welfare of the child at the centre of the assessment.
The fact that one parent is Turkish and the other is a foreign national does not, by itself, determine the outcome of a custody dispute.
International cases can also involve additional questions concerning the child’s habitual residence, international jurisdiction, recognition of existing custody decisions and international conventions to which Turkey is a party. For this reason, custody issues with a cross-border element require a separate assessment of the facts and the applicable international rules.
- Moving a Child to Another Country After Separation or Divorce
Parents should be particularly careful before permanently taking a child from one country to another.
A custody arrangement should not automatically be treated as permission for any form of international relocation. The rights of the other parent, the terms of existing court decisions, the child’s habitual residence and the law applicable to the particular case may all be relevant.
Where a child is removed from or retained outside the country of habitual residence in breach of custody rights, the matter may fall within the rules on international child abduction.
Obtaining legal advice before an international relocation is therefore considerably safer than attempting to resolve the legal consequences after the child has already been moved.
- International Child Abduction and Turkey
Turkey applies the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The domestic procedures relating to the Convention are also governed by Law No. 5717 on the Legal Aspects and Scope of International Child Abduction.
The Convention is intended to address situations in which a child is wrongfully removed from or retained outside the country of habitual residence in breach of custody rights.
A Hague Convention return case should not be confused with an ordinary custody case.
The purpose of return proceedings is not, in principle, to decide which parent should ultimately have custody of the child. The proceedings concern whether the requirements for returning a wrongfully removed or retained child to the country of habitual residence are satisfied, subject to the rules and exceptions provided under the Convention.
Under Turkish legislation implementing the Convention, the relevant regime applies to children under the age of sixteen.
These cases can be highly time-sensitive. Where a child has been brought to Turkey from another Contracting State, or removed from Turkey to another Contracting State, legal advice should be sought as early as possible.
- Alimony and Maintenance in International Divorce Cases
Maintenance should also be considered from a private international law perspective.
Under Article 14 of Law No. 5718, maintenance claims between divorced spouses are subject to the same conflict-of-laws framework applicable to the divorce: the spouses’ common national law applies first; if they have different nationalities, their common habitual residence law applies; and in the absence of a common habitual residence, Turkish law applies.
Accordingly, it should not automatically be assumed that Turkish substantive rules on spousal maintenance apply merely because proceedings are taking place before a Turkish court.
Where a maintenance decision obtained in one country needs to be enforced in another, separate rules concerning international recognition and enforcement may also become relevant.
Financial support concerning children should likewise be considered in light of the applicable domestic conflict-of-laws rules and any relevant international conventions.
- What Happens to Property After an International Divorce?
The division of matrimonial property is a separate issue and should not simply be treated as part of the law applicable to divorce.
Law No. 5718 contains separate conflict-of-laws rules concerning matrimonial property regimes. The applicable law may therefore need to be determined independently from the law governing the divorce itself.
This can become particularly important where the spouses own real estate in Turkey, have assets in several countries or acquired property while living abroad.
Before proceedings are started, it is useful to identify where the assets are located, when they were acquired and in whose name they are registered.
- What Documents May Be Required?
The documents required depend on the type of case.
Depending on the circumstances, an international divorce or recognition matter may require passports or identity documents, marriage and civil registry records, children’s documents and, where there has already been a proceeding abroad, copies of the relevant foreign court or administrative decisions.
Foreign judgments may also need documentation showing that they have become final. Apostille or legalisation requirements and certified Turkish translations may apply depending on the country of origin, the nature of the document and the procedure in which it will be used.
For this reason, document requirements should be checked for the particular case rather than relying on a standard list.
- Legal Assistance for International Divorce Cases in Turkey
International family law cases can involve several legal systems at the same time. Jurisdiction, applicable law, recognition of foreign judgments, custody and international enforcement may each require a separate analysis.
Zen Law Partners assists foreign nationals and Turkish citizens living abroad in family law matters connected with Turkey, including international divorce proceedings, recognition and enforcement of foreign judgments, custody disputes, maintenance matters and international child abduction cases.
For clients living outside Turkey, the initial assessment and document review can generally be handled remotely. Before proceedings are initiated, we review the parties’ nationality and residence, the circumstances of the marriage, any existing foreign proceedings or judgments and, where relevant, issues concerning children and assets.
If you are considering divorce in Turkey, have already obtained a divorce abroad that needs to have legal effect in Turkey, or are involved in a cross-border family dispute, you may contact Zen Law Partners for an assessment of the procedure applicable to your individual circumstances.
This article is intended to provide general information and does not constitute legal advice. International family law matters depend on the facts of each case, the applicable conflict-of-laws rules and any international conventions applicable between the relevant countries.
Atty. İrem ŞİROLU
04.09.2026
