Divorce Cases Filed in Türkiye by Spouses Living Abroad

ENTRANCE

1. Basic Concepts: Spouse Residing Abroad, International Element, and Jurisdiction of Turkish Courts

1.1. What does "Spouse Living Abroad" mean?

Turkish citizens who have been residing abroad for a long time ,
Foreign spouse married to a Turkish citizen ,
Both spouses are foreigners but have ties to Türkiye (for example, their marriage took place in Türkiye, and their assets are located in Türkiye).

What is important is that the marital relationship has an international element:

The fact that the parties have different nationalities,
Having one's place of residence (domicile/habitual domicile) abroad,
The possibility of establishing a connection with the laws of more than one country in terms of marriage, divorce, or property regimes.

1.2. International Element and Law No. 5718 on Private International Law

When spouses live abroad, a divorce case ceases to be a "pure" family law case resolved solely under the Turkish Civil Code; the Law No. 5718 on International Private Law and Procedural Law also comes into play.

In short, the Private International Law Act outlines the following issues:

Turkish courts have international jurisdiction (in what situations can a Turkish court hear a case?),
Which law will be applied (Turkish law or foreign law will apply to the divorce?)
Recognition and enforcement of foreign court judgments (for example, recognition in Turkey of a divorce decree issued in Germany).

Therefore, divorce proceedings for spouses living abroad require knowledge of both family law and international private law

2. The Court with Jurisdiction and Authority in Divorce Cases in Türkiye

2.1. Competent Court: Family Court

In Turkey, the courts responsible for handling divorce cases are , as a rule, Family Courts . In places where Family Courts have not been established, this task is performed by the Civil Court of First Instance , "in the capacity of a family court".

This is no different for spouses living abroad. Even if the parties to the case live abroad, if the divorce case is to be filed in Turkey, the competent court is the Family Court.

2.2. Competent Court: Article 168 of the Turkish Civil Code and International Dimension

According to the Turkish Civil Code, the competent court for divorce and separation cases is:

The court of the place of residence of one of the spouses , or
the spouses last resided together for at least six months prior to the lawsuit.

But what if the spouses now reside in Germany, the Netherlands, France, England, etc., and have no actual residence in Türkiye? This is where the issue of international jurisdiction arises.

The generally accepted approach is this:

The international jurisdiction of Turkish courts territorial jurisdiction stipulated in .
spouse has a registered address, in practice the competent court is usually the spouses' place of population registration, their previous place of residence, or another place of residence with which a connection can be established.

Therefore, in practice:

If one spouse lives in Turkey: The Family Court of their place of residence has jurisdiction.
If both individuals reside abroad but have registered addresses in Turkey: in the relevant Family Court, .

At this point, a case-by-case assessment is crucial. Practice and Supreme Court rulings particularly emphasize the requirement of a genuine connection to Turkey.

3. Which Law Will Apply? (Within the Framework of Article 14 of the Private International Law Act)

One of the most frequently asked questions by spouses living abroad is:
"Will Turkish law or the law of the country I live in apply to my divorce?"

The answer to this question lies in the jurisdiction rules of the Private International Law Act. In summary:

the spouses share a common national law , that law generally applies in divorce cases.
- For example, if both are Turkish citizens, Turkish law applies.
If spouses have different nationalities and there is no common national law, then the law of their common habitual residence applies.
- For example, if one is Turkish and the other is German and has been living in Germany for a long time, German law may come into play.
If there is no common national law or common habitual residence, Turkish law (lex fori) applies in the final instance.

This framework does not mean that when spouses living abroad file a lawsuit in Turkey, the case will necessarily be governed by Turkish law ; however, in practice, Turkish law is mostly applied , especially if both spouses are Turkish citizens

3.1. Example Scenarios

Scenario 1: Both spouses are Turkish citizens and live in Germany.

We share both Turkish national law and strong ties with Türkiye.

In divorce cases filed in Turkey, Turkish law is the primary rule.

Scenario 2: One spouse is Turkish, the other German; they have been living together in Germany for a long time.

They have no common national law, but their common habitual residence is Germany.

According to the Turkish Private International Law Act, the application of German law may come into question.

At this point, the court may, if necessary, seek the opinion of the Ministry of Justice or experts to determine the content of foreign law.

Scenario 3: One spouse is Turkish, the other is a foreigner; they live in different countries and have no shared habitual residence.

There is no common national law, no common habitual residence.

Turkish law applies in the final stage

Therefore, it is extremely important for spouses living abroad to consult with an expert regarding the applicable legal analysis before filing a lawsuit in Turkey

4. Advantages and Disadvantages of Divorce in Türkiye for Spouses Living Abroad

4.1. Advantages

Language and Cultural Convenience:
For a spouse who is a Turkish citizen, having the petition, court proceedings, witness testimonies, and evidence in Turkish is a significant advantage. A case conducted in a language they do not understand could lead to a loss of rights.
Trust in and Predictability of the Turkish Legal System : In practice, Turkish family law and Supreme Court precedents follow a relatively predictable course. Spouses can develop a strategy based on Turkish precedents regarding fault, compensation, alimony, and child custody .
For Turkish citizens and those whose assets are located in Turkey, it is more practical to pursue legal action and enforce the judgment in Turkey , considering property regimes and compensation, if a significant portion of the spouses' assets are in Turkey
Avoiding the Obligation to Recognize a Foreign Decree:
If you get divorced directly in Turkey instead of abroad, the need to file a recognition and enforcement lawsuit afterwards is eliminated. Since the decree is issued directly by a Turkish court, its registration in the population registry is a simpler process.

4.2. Disadvantages

Service of process and distance issues:
When one or both spouses are abroad, service of the lawsuit petition and other documents international service of process rules. This extends the deadlines.
Difficulty in Attending Hearings:
It can be economically and practically difficult for the parties to travel to Turkey frequently. Therefore, legal representation preferred, but in some cases, it is important for the party to be heard in person.
The Possibility of Applying Foreign Law:
If the common habitual residence is in a foreign country, a Turkish court to apply foreign law . In this case, transitions become more technical and complex.
Prolonged Processes:
Due to reasons such as notification, evidence gathering, and witness testimony via letters rogatory, divorce cases involving spouses living abroad may take longer than traditional domestic court cases.

5. Notifications, Power of Attorney, and Consular Procedures

Perhaps the most critical issue for spouses living abroad of notification and power of attorney .

5.1. Service of process abroad

If the divorce case was filed in Türkiye, notification will be sent to the other spouse's address abroad

Notification Law, Notification Regulation,
If applicable, a bilateral notification agreement with the relevant country or
Turkey is a party to the Hague Convention on Service of Processing Regulations.

It is done according to the regulations.

If the address is correct and up-to-date;

The notification is delivered to the recipient through the competent authorities of the relevant country.
Processes can vary from country to country; sometimes notification processes can take months.

Providing an incorrect or incomplete addresscan prolong the case and even lead to allegations of improper service of process. Therefore, accurate address and contact information is of vital importance.

5.2. Preparation of Power of Attorney

If a party living abroad wishes to work with a lawyer in Türkiye, they generally follow these procedures:

Issuing Power of Attorney at Turkish Consulates
- At the consulate, a power of attorney is drawn up in Turkish, containing specific authorizations for the divorce case .
- This power of attorney can be used directly in Türkiye.
Notary Public + Apostille in the Country of Residence
- The power of attorney is drawn up in the presence of a foreign notary.
- An apostille certificate is obtained.
- The power of attorney is sent to Turkey, a sworn translator , and notarized.

For family law proceedings such as divorce, child custody, and property division, to clearly state the specific powers granted . Otherwise, the court may have doubts about the scope of the power of attorney.

6. Types of Divorce: Amicable or Contested?

6.1. Mutual Divorce

Basic requirements for an amicable divorce under the Turkish Civil Code:

The marriage must have lasted at least one year.
The spouses' intention to divorce must be complete and free.
The parties must have reached an agreement on matters such as custody, alimony, compensation, and property division .
The judge finds the settlement acceptable.

The most frequently asked question by spouses living abroad is:
"Is it absolutely necessary for both of us to come to Turkey for a hearing for an amicable divorce?"

As a rule, in amicable divorces, the judge to personally hearand ascertain whether they are acting freely. However;

In practice, in some cases, it is possible for one party to be represented by a power of attorney while the other is present in court.
It is possible for the parties to be heard via video conference (SEGBİS, etc.),

This should be taken into consideration. This may vary depending on the specific case and the court's discretion.

Therefore, it is often possible for spouses living abroad to develop a strategy that allows them to complete the entire process in one go by coming to Turkey ; however, this requires prior planning and preparation

6.2. Contested Divorce

If spouses cannot agree on the grounds for divorce or its consequences (alimony, compensation, child custody, property division, etc.), a contested divorce case arises.

In contested divorces involving spouses living abroad:

Allegations of fault,
Message logs, email correspondence, social media evidence,
Witness testimonies (witnesses living in the country or abroad),
Documents regarding economic status and living standards

It gains importance.

The testimonies of witnesses abroad letters rogatory . This process, however, can prolong the procedure.

7. Claims for Custody, Alimony, and Damages Following Divorce

For spouses living abroad, a divorce case is not limited solely to "dissolution of marriage." The following claims can be made within the same case:

Child custody and relationship arrangements,
Alimony,
Child support,
Material and moral compensation,
Interim alimony when necessary .

For spouses living abroad, the following questions are important:

What standards determine the amount of alimony?
- Factors such as the parties' income levels, living standards, children's needs, and income/expense structures in foreign currency are taken into consideration.
- The income earned by the spouse living abroad, as well as items such as the cost of living and rent expenses, must be proven with concrete evidence.
Custody and children living abroad
- If a child lives in one country and the other parent lives in another, of the child's best interests takes precedence.
- The child's education, language skills, social environment, and established routine are among the most important criteria considered by the court.
Compensation (material and non-material)
- A spouse who suffers economic loss or damage to their personal rights due to divorce may claim compensation from the other spouse.
- In particular, instances of fault such as deception, serious insult, and violence are important factors affecting the amount of compensation.

8. Marital Property Regime and Assets Abroad

During or after a divorce case, the marital property regime , particularly the community property regime, comes into play.

Additional problems arise for spouses living abroad:

A significant portion of your assets located abroad (house, business premises, vehicle, bank accounts, etc.),
Dispositions of this asset may have to be evaluated in accordance with the laws of the relevant country
The recognition, enforcement , or direct execution of a Turkish court decision in a foreign country may come into question

Therefore, in cases where the property regime aspect is strong:

Not just a divorce case,
A separate property regime lawsuit to be filed after or together with a divorce ,
Subsequently, if necessary, enforcement and execution processes

It should be planned as a whole.

9. Validity of Divorce Decrees Issued Abroad in Türkiye

Although our topic is "Filing for divorce in Türkiye," in practice, the following situation is frequently encountered:

“We actually got divorced in Germany/England.
We are still registered as married in Turkey. What should we do?”

divorce decrees issued abroad to be registered in the Turkish population registry , as a rule:

a recognition and enforcement lawsuit or
In some cases, administrative recognition (through the population registry office) is necessary.

Therefore, a foreign court decision automatically considered valid in Turkey.

Therefore, some couples, years after divorcing abroad, realize they are still listed as "married" in Türkiye and have to complete additional procedures.

If spouses living abroad file for divorce directly in Turkey, they do not have to deal with the recognition and enforcement process; the court decision is directly notified to the population registry.

10. Step-by-Step Process: How Should Spouses Living Abroad File for Divorce in Türkiye?

If you live abroad and want to file for divorce in Türkiye, the process can be summarized as follows:

10.1. Legal Consulting and Strategy

First, it is beneficial to have a preliminary meeting with a lawyer experienced in family law cases with international dimensions .
At this stage,
- The competent court,
- The applicable law,
- Which country would be more advantageous to file a lawsuit?
- Whether the course of action will be amicable or contested
  needs to be carefully considered.

10.2. Preparation of Power of Attorney

A special power of attorney is issued through the methods mentioned above (consulate or notary + apostille) .
The power of attorney is delivered to the lawyer in Türkiye.

10.3. Preparing the Lawsuit Petition

The reason for divorce (violence, infidelity, discord, abandonment, etc.) must be clearly and demonstrably presented.
Claims regarding custody, alimony, compensation, and property regime are clearly formulated.
Information regarding international connections (addresses, residence, citizenship, and any foreign court rulings) must be included in the application.

10.4. Payment of Fees and Expenses

Court fees and advance payment for expenses are paid when filing a lawsuit.
Procedures such as serving notices abroad, requests for judicial assistance, and witness testimonies can increase costs.

10.5. Notification, Response Letter and Preliminary Examination

The lawsuit petition is served on the opposing party.
The other party a response .
During the preliminary hearing, the claims and defenses of the parties are outlined as a framework; the points of dispute are clarified.

10.6. Investigation and Collection of Evidence

Witnesses are interviewed, documents are collected, and social and economic status is investigated if necessary.
The testimonies of witnesses located abroad can be obtained through letters rogatory.
Message logs, social media correspondence, medical reports, etc., are presented as evidence to the court.

10.7. Decision, Finalization and Notification to the Population

The court evaluates the evidence and decides whether to grant a divorce or dismiss the case.
the decision becomes final , it is reported to the population registry office and the population records are updated.

The couple are now legally considered divorced.

11. Frequently Asked Questions (FAQ)

Question 1: Do I absolutely need to be in Turkey to file for divorce?
No. A spouse living abroad of attorney arranged via a consulate or notary public with an apostille , without having to come in person. Attending hearings may be necessary at certain stages; this can be resolved with one-off visits planned in advance.

Question 2: I got divorced in Germany, but I'm still considered married in Turkey. What should I do?
Foreign court decisions are not automatically valid in Turkey. A recognition and enforcement lawsuit must be filed in Turkey, or the administrative recognition procedure must be followed. This usually requires providing the original divorce decree, a certificate of finality, and an apostille.

Question 3: My spouse is not Turkish, and I am a Turkish citizen. Can I still file for divorce in Turkey?
Yes. connections between you and Turkey, such as place of residence, population registry, property, etc. , the international jurisdiction of Turkish courts may arise. Which court has jurisdiction and which law applies should be evaluated separately according to the specific circumstances of the case.

Question 4: Is an amicable divorce possible for spouses living abroad?
Yes, it is possible. However, for an amicable divorce, both parties must clearly express their intentions, a protocol must be prepared, and the judge must verify this intention in person or through appropriate means (hearing, video conference, etc.). In some cases, one party may be represented by a lawyer while the other party is present in court.

Question 5: Is a divorce case filed in Turkey valid abroad?
This depends on the relevant foreign law. Generally, a divorce decree issued in Turkey be recognized and enforced . For example, countries like Germany, France, and England have separate procedures for recognizing Turkish court decisions.

Question 6: My spouse, who lives abroad, is hiding their address, making it impossible to serve notice. What happens?
Not knowing the address doesn't mean the case can't proceed; however, it can lead to significant delays and procedural disputes. The court may resort to methods such as address searches, Mernis records, consular channels, and finally, notification by public announcement . These processes are time-consuming.

Question 7: Can I resolve property division and alimony issues in the same lawsuit? Alimony and compensation claims are generally filed within the same lawsuit as the divorce case . The property regime (participation in acquired property) lawsuit, however, is usually filed as a separate lawsuit after the divorce ; however, the strategy may vary depending on the specific case.

14. Conclusion and Recommendations

For spouses living abroad, filing for divorce in Turkey involves more legal and technical details than a classic divorce case:

In addition to the divorce and custody provisions of the Turkish Civil Code,
Rules of the Private International Law Act No. 5718,
International service of process and power of attorney procedures
Assets in foreign countries and potential recognition and enforcement processes

They should be evaluated as a whole.

Because:

Which country would be more advantageous for you to file a lawsuit ?
the applicable law Turkish law or foreign law ,
The potential consequences regarding alimony, compensation, child custody, and property division ,
How to manage international notification and power of attorney procedures ,

Planning with professional legal support will prevent future loss of rights that would be difficult to rectify.

In summary , living abroad does not prevent you from filing for divorce in Turkey. With the right strategy, complete documentation, careful process management, and expert support, it is possible to make both the divorce process and subsequent property, child custody, and alimony arrangements more predictable and manageable .

If needed, sharing your specific circumstances (country of residence, citizenship, children, assets, foreign decisions, etc.) in detail a personalized roadmap would be the most effective approach.

Family Law, lawyer, divorce, couple, law, international, overseas

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