Family Law · Familienrecht
Recognition and Enforcement of a Foreign Divorce Judgment in Turkey
A divorce judgment obtained from a German court is not automatically valid in Turkey: you remain listed as married in the civil registry, you cannot remarry, and you cannot settle your inheritance rights. We file your recognition or enforcement action with a power of attorney and conclude it without requiring you to attend any hearing.
What is the difference between recognition and enforcement?
| Criterion | Recognition | Enforcement |
|---|---|---|
| What does it provide? | Acceptance of the legal existence of the judgment and its res judicata effect | Rendering the judgment enforceable in Turkey |
| What is it sufficient for? | Recording marital status in the civil registry as "single" | Applying operative provisions such as alimony, compensation and division of matrimonial property |
| When is it required? | When the judgment contains only a divorce ruling | When the judgment also contains provisions requiring execution (together with recognition) |
The two actions can be filed together: the divorce ruling becomes valid in Turkey through recognition, and the operative provisions through enforcement.
The 2017 facility: registration at the civil registry office without litigation
In 2017, Decree-Law No. 690 introduced an important facility: when the spouses apply jointly (or one spouse applies with the consent of the other), the foreign divorce judgment may be registered directly at the civil registry office without the need for a court judgment.
Required documents
- The original or a certified copy of the divorce judgment — it must bear a certificate of finality (Rechtskraftvermerk),
- Apostille annotation — certified by the German authorities,
- Certified Turkish translation — notarised,
- Up-to-date civil registry extracts of the parties,
- Power of attorney — from a Turkish consulate or a German notary.
We guide you step by step through obtaining the documents, translating them and completing the apostille formalities, and we file a complete case file with the court.
The proceedings
Application to the Family Court
The action is filed with the Family Court of the defendant's place of residence in Turkey; if the defendant is not resident in Turkey, the competent court is determined according to the claimant's situation.
Service of process
Service of process is effected on the opposing party; if the party is in Germany, the international service of process procedure applies (which may extend the timeline).
Examination of the requirements
The court examines the requirements of competent jurisdiction, finality, compatibility with public policy (ordre public) and observance of the rights of defence. The merits of the divorce are not re-tried.
Judgment
Proceedings are usually concluded within 4 to 12 months.
Notification to the civil registry
The final judgment is notified to the civil registry office; your marital status is updated.
Legal consequences of the recognition judgment
- Your marital status in the Turkish civil registry is updated to "single",
- You regain the right to remarry in Turkey,
- Your inheritance rights become independent of your former spouse,
- A legal basis is established for the liquidation of the matrimonial property regime in Turkey.
An enforcement judgment additionally makes it possible to enforce in Turkey the operative provisions rendered by the German court, such as alimony and compensation.
FAQ
Frequently asked questions on recognition and enforcement
Is my German divorce automatically valid in Turkey?
No. Foreign court judgments are not automatically valid in Turkey. Direct civil registry registration (the 2017 facility) or a recognition/enforcement action is required; otherwise you remain officially listed as married.
My spouse will not give consent. Can I still have it recognised?
Yes. Without consent, the direct civil registry registration route is closed, but you can file a recognition action. The court decides after examining the required conditions; your spouse's consent is not mandatory.
How long do the proceedings take?
Usually 4 to 12 months. If the opposing party is in Germany, the international service of process procedure may extend the timeline; if the spouses act jointly, the process proceeds much faster.
My judgment also includes alimony and compensation. Is recognition alone sufficient?
No. For provisions requiring execution (alimony, pecuniary/non-pecuniary compensation, division of matrimonial property), a separate enforcement action is also required. The two actions can be filed together.
How do I prepare the documents from Germany?
Obtain the judgment from the German court with a certificate of finality and an apostille. We organise the certified Turkish translation and the notarisation. You can have the power of attorney drawn up at a Turkish consulate or a German notary.
Are your documents sufficient? Let us check for free.
Send us your divorce judgment; we will review the status of the certificate of finality and the apostille and tell you in the first consultation which route (direct registration or litigation) is appropriate.
- Telefon+90 536 089 76 94
- WhatsApp+90 536 089 76 94
- E-mail[[email protected]]