Istanbul Recognition and Enforcement Lawyer

Recognition and Enforcement Lawyer

A recognition and enforcement lawyer provides services to clients to ensure that a legal decision made in another country is also accepted in Turkey. Each country has its own legal rules. A decision made in a court of one country is only valid in that country. However, in some cases, it is desired that a decision given by a court in a foreign country be valid in Turkey as well; in such a case, a recognition and enforcement lawsuit must be filed. Recognition and enforcement lawsuits are most often filed due to divorce. However, it is also possible to file a lawsuit for reasons such as adoption.

What documents are required for a recognition and enforcement lawsuit?

The original copy of the court decision sought to be recognized and enforced is among the documents required in a recognition and enforcement case. To initiate these cases, the court must have reached a final decision. Recognition and enforcement cases cannot be filed regarding ongoing court proceedings. Therefore, the final court decision must be submitted. In addition, the following documents are alsorequired for recognition and enforcement :

• Identity document,
• The Apostille to be obtained from the consulate,
• Application form.

In recognition and enforcement cases, the competent court varies depending on the subject matter of the case. However, since recognition and enforcement cases are generally filed for divorce decrees, the Family Court is the competent court in these cases.

Why are Recognition and Enforcement Important?

Unless a recognition and enforcement lawsuit is filed, a court decision in another country concerning a Turkish citizen will not be directly valid in Türkiye. For example, individuals who divorce in another country will still be considered married in Türkiye unless they file a recognition and enforcement lawsuit in Türkiye. This can lead to the following problems:

• If applicable, the inability to share child custody,
• Inability to remarry,
• Inability to divide property,
• Failure to receive alimony or compensation.

To avoid such problems, filing a lawsuit is essential. While legal representation is not mandatory for recognition and enforcement cases, individuals living abroad, in particular, must appoint a lawyer to represent them. This eliminates the need for physical presence in court. To appoint a lawyer, you can contact Ferhat Kule, a recognition and enforcement lawyer . Those interested can find his contact information and learn about the case process by visiting his website at https://ferhatkule.av.tr/