With an increasing number of international marriages, cross-border relocations, and multinational families residing in Türkiye, questions surrounding the dissolution of marriage under Turkish private international law have become critical.
Foreign citizens residing in Türkiye or foreign nationals married to Turkish citizens frequently ask whether they can file for divorce before Turkish courts, which legal system will govern their case, and whether their physical presence is mandatory.
Below is an overview of the key legal principles governing international divorce proceedings in Türkiye under the Turkish Civil Code (Law No. 4721) and the Turkish Act on Private International and Civil Procedure Law (Law No. 5718 – PIL).
- Can Foreign Nationals File for Divorce in Türkiye? (Jurisdiction)
Under Article 40 of Law No. 5718 (PIL), the international jurisdiction of Turkish courts is determined by domestic territorial jurisdiction rules.
Pursuant to the Turkish Civil Code, divorce proceedings may be instituted before the Family Court at:
- The place of the spouses’ joint habitual residence, or
- The place of domicile of either spouse.
Accordingly, if at least one spouse is legally residing in Türkiye, or if the couple’s last joint marital residence was in Türkiye, Turkish Family Courts have full jurisdiction to hear the case, even if both parties are foreign citizens.
- Which Law Governs the Divorce? (Choice of Law Rules)
A foreign nationality does not automatically mean that foreign law or Turkish law applies exclusively. Under Article 14(1) of Law No. 5718 (PIL), the governing law is established hierarchically:
- Common National Law: If both spouses share the same citizenship, the law of their common nationality applies to the grounds and legal effects of divorce.
- Law of Common Habitual Residence: If the spouses hold different citizenships (e.g., a British citizen and a Turkish citizen), the law of their common habitual residence governs. If the couple last resided together in Türkiye, Turkish law directly applies.
- Subsidiary Turkish Law: In the absence of a common habitual residence, Turkish law applies as a default.
Under Article 14(4) of Law No. 5718, interim injunctions and protective measures (such as temporary maintenance, child protection, or interim custody) are strictly governed by Turkish law regardless of foreign citizenship.
- Grounds for Divorce Under Turkish Law
When Turkish law applies to the proceedings, divorces fall into two categories:
- Uncontested (Consensual) Divorce (TMK Art. 166/3): If the marriage has lasted at least one year and the parties mutually submit a signed settlement protocol covering financial claims, maintenance, and child custody, the court can grant a divorce in a single hearing.
- Contested Divorce (TMK Art. 166/1): If the parties cannot reach an agreement, a contested lawsuit based on the irretrievable breakdown of the marital union must be filed. In contested proceedings, proving relative fault (e.g., economic neglect, emotional abuse, domestic discord, or infidelity) determines claims for material and moral compensation (TMK Art. 174) and post-divorce maintenance (TMK Art. 175).
- International Asset Division and Maintenance
- Matrimonial Property: Liquidation of marital assets is treated as an independent legal action distinct from the divorce lawsuit. While a divorce decree terminates the marital bond, claims for participation in surplus value or contribution share require an independent claim or a separate action.
- Cross-Border Assets: Assets acquired outside Türkiye or funded by pre-marital personal assets (such as real estate sold abroad) fall under the rules of personal property (TMK Art. 220) and require meticulous financial tracing and cross-border documentary evidence.
- Is Physical Attendance in Türkiye Required? (Remote Representation)
In contested divorce cases, foreign parties are not legally required to travel to Türkiye or attend court hearings in person.
Through a specially authorized Divorce Power of Attorney executed before a Turkish Consulate abroad or prepared before a foreign notary public with an Apostille certificate, your licensed Turkish family lawyers can manage the entire litigation, submit evidence, examine witnesses, and obtain final decrees on your behalf remotely.
(Note: In uncontested/consensual divorces under TMK Art. 166/3, the judge is legally required to hear both spouses in person to confirm free will).
ConclusionInternational family law disputes involve intersecting procedural rules, foreign evidentiary requirements, and complex jurisdictional choices. Managing these cases requires experienced legal counsel capable of bridging civil law practices with cross-border demands.
For tailored legal assessment and representation, consult our international family law practice at
02.10.2026
Atty. İREM ŞİROLU
