DIVORCE CASES IN TURKEY

According to Turkish law, there are 2 types of divorce cases. These are contentious divorce case and uncontested divorce case.

In the uncontested divorce case, the spouses mutually agree on the divorce and the financial consequences of the divorce and the status of the children and notify the court with a protocol. However, the marriage must have lasted at least one year in order to file an uncontested divorce case. Uncontested divorce cases are concluded much faster than contentious divorce cases.

In contentious divorce cases; it is a divorce case filed by one of the spouses based on the special grounds of adultery, attempt on life, very bad or degrading behaviour, committing a crime and leading a life without dignity, abandonment and mental illness and the general ground of shaking the marriage union from its foundation. The general reason for the contentious divorce case is the fundamental breakdown of the marriage union. Such cases last longer than the contested divorce case. (Antalya Divorce lawyer, Kemer Divorce case)

CAN FOREIGN CITIZENS FILE FOR DIVORCE IN TURKEY?

Divorce cases with a foreign element can be filed in Turkish courts. In other words, foreign citizens and Turkish citizens whose spouse is a foreign citizen can file for divorce in Turkey.

The element of foreignness is not only the foreignness of both spouses or one of the spouses.

The element of foreignness is;
-the marriage is performed in a foreign country
-the transaction is to be performed in a foreign country
-the subject matter of the transaction is located in a foreign country
-one of the parties to the case is a foreign national
-the domicile of one of the parties is located in a foreign country
-the existence of a habitual residence in a foreign country
finds application in such cases.

WHICH COUNTRY'S LAW IS APPLIED IN THE DIVORCE CASE FILED BY FOREIGN CITIZENS IN TURKEY?

Foreign citizens may file for divorce in Turkey. Law No. 5718 on Private International Law and Procedural Law regulates which country's law will be applied in the divorce of foreigners in Turkey.

Article 14 of the Law No. 5178 regulates which legal rules shall be applied in the divorce case to be filed by foreigners in Turkey. Accordingly, the grounds and provisions of divorce and separation shall be governed by the common national law of the spouses. If the parties have different citizenship, the law of the common habitual residence shall apply, and if not, Turkish law shall apply.

Maintenance claims of the spouses, custody and problems related to custody shall be governed by the common national law of the spouses. If the parties have different citizenship, the law of the common habitual residence shall apply, and if not, Turkish law shall apply. This provision shall also apply in case of separation and nullity of marriage.

Turkish law shall apply to requests for precautionary measures regarding divorce and custody.

WHAT IS THE COMPETENT COURT FOR DIVORCE CASES OF FOREIGN NATIONALS IN TURKEY?

The competent and responsible court in an uncontested divorce case is the family court of any courthouse. Parties who want to divorce by agreement can file a divorce case by applying to the family court of any courthouse.

The competent and competent court in a contested divorce case is the court where one of the spouses resides (domicile) or where they have been living together for the last 6 months before the case.

If one of the spouses is Turkish and the other is a foreign national, the lawsuit is filed at the family court in the place where one of the spouses resides in Turkey or where they have been living together for the last 6 months.

If the Turkish citizen or the other party does not have a residence address in Turkey, the case shall be heard in the family court in the place where the person concerned is located, or if he/she is not in Turkey, in the court of his/her last place of residence in Turkey, or if he/she is not in Turkey, in one of the courts of Ankara, Istanbul or Izmir.

If both spouses are foreign citizens living in Turkey, the court of the place of residence of both spouses in Turkey, or if there is no residence address, the court of the place where they stand in Turkey is authorised in the case. If the spouses do not reside in Turkey, the case shall be heard in the court of the last place of residence in Turkey, or in one of the courts of Ankara, Istanbul or Izmir.

WHICH COUNTRY'S LAW APPLIES TO THE MARITAL PROPERTY OF FOREIGN CITIZENS IN DIVORCE CASES FILED IN TURKEY?

The spouses may expressly choose either the law of their habitual residence or national law at the time of marriage; in the absence of such a choice, the common national law of the spouses at the time of marriage shall apply to the matrimonial property, and in its absence, the law of their common habitual residence at the time of marriage, and in its absence, Turkish law shall apply.

In the liquidation of immovable property, the law of the country in which it is located shall apply. Spouses who have a new common law after marriage may be subject to this new law without prejudice to the rights of third parties.

ALIMONY CLAIMS OF FOREIGN NATIONALS IN DIVORCE CASES FILED IN TURKEY

In divorce cases with foreign elements, alimony claims are subject to the law of the habitual residence of the alimony creditor. (Antalya Divorce case )

REGISTRATION OF DIVORCE DECREES ISSUED ABROAD IN THE CIVIL REGISTRY IN TURKEY

Decisions made by the judicial or administrative authorities of foreign countries regarding divorce, nullity, annulment or annulment of marriage or determination of whether it exists or not shall be registered in the civil registry provided that they are issued by the competent judicial or administrative authority in accordance with the laws of the country in which they are issued and are duly finalised and are not clearly contrary to the Turkish public order.

SD Law and Consultancy Office Antalya provides the highest level of consultancy services in divorce cases of foreign citizens in Turkey. We provide legal advice and solutions to assist our clients in the finalisation of their divorce cases.

Working with a professional law firm facilitates your divorce proceedings. Therefore, we offer professional guidance to make your process stress-free, smooth and simple.

SD Law Office is at your service to help you with your divorce process. Attorney Sabire ALTUN TERLEMEZ and Attorney Davut TERLEMEZ provide legal support and representation to foreign clients who wish to file for divorce.