You Divorced Abroad But Still Appear Married in Turkey: What Should You Do?
You have completed a challenging divorce process abroad and the court decree has become final. However, when you access the e-Devlet system in Turkey or during consulate procedures, you notice that your civil registry record still lists your status as “Married.”
This situation can create serious legal hurdles for you, especially if you plan to remarry, or during inheritance processes and property transfers.
So, why is a foreign court decision not automatically considered valid in Turkey, and how can you resolve this issue without needing to travel to Turkey? Here are the details of the legal procedure.
The Source of the Problem: The “Sovereignty Principle”
According to Turkish Law, a decision rendered by a foreign country’s court does not automatically have legal effect in Turkey. For a divorce decree given by a foreign court to be registered in the Turkish Civil Registry, this decision must be reviewed and “Recognized” by Turkish Courts.
In our legal system, this process is conducted through two different types of lawsuits:
- Recognition Lawsuit (Tanıma Davası): If your sole aim is to change the status in the civil registry from “Married” to “Divorced,” a Recognition lawsuit is sufficient.
- Enforcement Lawsuit (Tenfiz Davası): If the foreign court, alongside the divorce, has also ruled on executable matters such as alimony, compensation, or custody, and you want these to be enforceable in Turkey as well, an Enforcement lawsuit must be filed.
You Do Not Need to Come to Turkey
The most frequent question asked by our clients living abroad is: “Is it mandatory for me to come to Turkey personally and attend the hearings to open the case?”
Our answer is clear: No, you do not need to come personally.
Your legal process in Turkey can be managed entirely remotely through a lawyer. You can complete the process without disrupting your established routine abroad, without sacrificing time from your job or family.
How Does the Process Work?
The documents required for your divorce decree to be recognized in Turkey are as follows:
- The Original Foreign Court Decree: It is mandatory that the decree is “finalized” (meaning parties have exhausted their right of appeal or the time limit has expired).
- Apostille Annotation: This is the official approval stamp ensuring the international validity of the decree (Obtained from the authorities of the foreign country).
- Power of Attorney: A power of attorney containing specific authority for divorce proceedings, issued at the Turkish Consulate in your country of residence on behalf of our office.
How Long Does It Take?
This duration varies depending on the stance of the other party (your ex-spouse).
- Uncontested (Agreed) Situation: If your ex-spouse also gets involved in the process or is represented by a lawyer in Turkey, the case usually concludes in a single hearing, in a very short time.
- Contested Situation: In cases where formal notification needs to be made to the counterparty abroad, the duration may extend slightly due to international notification procedures. However, the outcome of the case does not change; the decree will eventually gain validity in Turkey.
Get Professional Support
Recognition and Enforcement lawsuits are strictly bound to technical procedural rules. A simple lack of a document or a procedural error can cause the process to extend for months.
As Ebibli Law Office, we meticulously serve as the solution partner in Turkey for the legal processes of our citizens living abroad.
You can reach us via the communication channels on our website or the WhatsApp button on the bottom right for us to review your documents and initiate your process.