Introduction: The Biggest Problem for Alimony Creditors – The Non-Enforcement of the Decision in Türkiye

The enforcement of alimony decisions issued in foreign countries in Turkey is only the enforcement process . This applies to decisions issued in Germany, the Netherlands, the United Kingdom, France, the United States, or the Gulf countries.

• Child support,

• Alimony,

• Interim alimony,

• Child care expenses,

• Alimony increase decisions

In Turkey, it cannot be directly enforced.
Therefore, many alimony recipients are victimized because the court's decision is not being implemented in Turkey.

By 2025, Turkish courts will have both accelerated and developed a more predictable process for enforcing foreign alimony decisions.

---

1. Recognition alone is not sufficient in alimony decisions – enforcement is absolutely necessary

Divorce recognition is for the termination of the marriage. However, since alimony is a decision requiring enforcement, "recognition" alone is not sufficient

Alimony decisions in Türkiye can only be enforced when they are executed.

Therefore, the recognition and enforcement processes are carried out separately.

---

2. Which Alimony Decisions Are Enforceable?

• Indefinite alimony

• Child support

• Interim (precautionary) alimony

• Child care expenses

• Alimony increase decisions

• retroactive alimony debt

• Decisions to terminate alimony

• Accumulated alimony payments

According to the Supreme Court, a foreign can request enforcement of the court decision if it has become final.

---

3. Documents Required for Enforcement

The following documents are required for an enforcement request:

• Original copy of the foreign court decision,

• The finalization clause,

• Apostille certificate,

• Notarized Turkish translation,

• The parties' address information.

Missing documents can delay the process for months or lead to rejection.

---

4. Enforcement Requirements (Turkish Code of Private International Law, Article 54)

A Turkish court will only enforce a foreign alimony decision if the following conditions are met:

1. There must be no clear violation of public order,

2. The right to defense must not have been violated

3. The decision must be final

4. It must not infringe upon the exclusive jurisdiction of Turkish courts.

Since alimony decisions generally meet these conditions, the enforcement rate is high in practice.

---

5. How long does the enforcement process take?

Average for 2025:

• With a complete file: 3–6 months

• In the case with missing documents: 6–12 months

• In cases with notification issues: 8-15 months

Providing the correct address for serving notices to the defendant is crucial for a swift resolution.

---

6. Enforcement of Foreign Alimony Decision

Once the enforcement decision becomes final, the alimony recipient has the following rights:

• Initiating debt collection proceedings in Türkiye,

• Seizure of assets,

• Wage garnishment,

• Bank accounts blocked

• Collection of accumulated alimony payments for the past 5 years.

In Turkey, non-payment of alimony can also lead to imprisonment for coercive measures

---

7. The Hague 2007 Convention on Maintenance and International Cooperation

Since 2020, Turkey has been engaging the 2007 Hague Convention on Maintenance of Child Support :

• Transmission of documents,

• Collection of alimony payments,

• Calculating childcare costs

They cooperate on these issues.

In this context:

• Germany,

• Holland,

• France,

• Belgium,

• Switzerland
  have made it easier to collect alimony payments in Turkey.

---

8. Refusal to Enforce Foreign Alimony Decision

Enforcement may be refused in the following cases:

A. If the party has not been notified of the lawsuit

For example, if the defendant has not been served with a summons.

B. Violation of public order

If there is a clear violation of Turkish public order, such as excessive alimony obligations.

C. If the decision is not final

Decisions for which the appeal period is still ongoing will not be enforced.

D. Contrary to the best interests of the child

This criterion is important in child support payments related to custody.

The rejection decision is not final; the deficiencies can be rectified and a new application can be submitted.

---

9. Can Enforcement and Recognition Be Requested Together?

Yes.
For divorce and alimony decisions:

• Divorce → Recognition

• Alimony → Enforcement

This can be requested in the same petition.
This is established jurisprudence of the Supreme Court and speeds up the processes.

---

10. The Most Common Mistakes

Mistakes made by alimony creditors often lead to the dismissal or delay of the case:

• Submitting a document without an apostille

• Filing a lawsuit on the grounds that the decision is not yet final,

• Filing a lawsuit in the wrong court,

• Failure to provide a notification address,

• Translation errors,

• Requesting enforcement instead of recognition, or requesting recognition instead of enforcement.

---

Conclusion: The Enforcement of Foreign Alimony Decisions in Türkiye is Now a Faster and More Protective Mechanism

With the implementation of the 2025 plan:

• The documents are standardized,

• The competent courts have started to make quick decisions,

• International cooperation has strengthened,

• The digital notification mechanism has improved

is in this situation.

Alimony creditors can enforce their court orders quickly in Türkiye with the right application process.