Introduction: Why is the Divorce Process More Complex in International Marriages?

Today, it is quite common for Turkish citizens to marry abroad or for foreigners to marry in Turkey. However, the dissolution of these marriages, i.e., divorce cases, has a much more complex structure than classical Turkish family law. This is because these cases involve:

• The parties may be citizens of different countries

• They can reside in different countries,

• The country where the marriage takes place may be different from the country where they live

• The legal status of the parties (citizenship, marital status) may differ.

This situation raises issues of jurisdiction (which country's court will hear the case?) and applicable law (which country's laws will apply?). The Private International Law Act (Law No. 5718) provides detailed rules on these matters, and in practice, international divorce cases have become increasingly systematic and predictable by 2025.

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1. Which Country's Courts Can Hear a Divorce Case? – Jurisdiction Issue

A. When do Turkish courts have jurisdiction?

Turkish courts may hear divorce cases in the following circumstances:

1. one of the parties a domicile in Turkey ,

2. one of the parties a habitual residence in Turkey ,

3. If the marriage was established in Turkey ,

4. Even if the defendant is a foreigner, this applies if the plaintiff has strong connections in Türkiye.

The concept of habitual residence has gained particular importance in the 2025 implementation, at least 6 months of regular living .

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B. Multiple Countries May Have Authority: The "Jurisdiction Race" Problem

A common situation in international divorces:

• Turkish authorities,

• The authorities of the country where your spouse lives,

• The country where the marriage took place may have jurisdiction.

In this situation, the plaintiff must make a strategic choice. Because the country where the divorce takes place determines what happens next:

• Custody,

• Alimony,

• Property division,

• Recognition and enforcement processes

It makes a huge difference in that respect.

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2. Which Country's Law Will Apply? – The Applicable Law Issue

Article 14 of the Private International Law Act defines divorce law.

A. Common national law applies primarily

spouses a common nationality, the laws of that country apply.
For example:
If a Turkish citizen marries a Turkish citizen in a foreign country → Turkish law applies.

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B. If there is no shared citizenship, the law of common habitual residence applies

Example:
Turkish spouse + German spouse → They live together in Germany → German law applies.

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C. If there is no common habitual residence, the most closely connected law applies

The court considers the law of the country where the marital bond is strong.

This assessment is made as follows:

• The country where they live together,

• The country where the marriage was established,

• The place where the children are,

• The socio-economic relationships of the parties
  are taken into consideration.

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3. In divorces involving foreign spouses, which legal system governs the property regime and division of assets?

Property division a separate legal framework .

A. If a Marriage Contract Has Been Made

Whichever law the parties have chosen to apply, the court will abide by it.

B. If there is no contract

Article 15 of the Private International Law Act comes into effect.

• Common habitual residence law,

• Or is it common national law?

• Otherwise, the strictest law will apply.

Therefore, when a Turkish-German couple living in Germany divorces, the provisions of the German property regime can be applied.

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4. Custody Aspects of Divorce from a Foreign Spouse

In custody cases in Turkey, the best interests of the child are paramount.

Applicable law in custody decisions:

• Firstly, the child's usual residence,

• Family ties,

• The child's education and social environment,

• The provisions of the International Convention for the Prevention of Child Abduction (Hague 1980)
  are taken into account.

If a foreign spouse abducts their child and takes them abroad, a Turkish court can quickly issue a protective order.

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5. The Impact of a Divorce Decree Obtained in a Foreign Country on Türkiye

When divorcing a foreign spouse, the foreign court decision is not directly valid in Turkey.

For it to be valid in Türkiye:

• Recognition (for the dissolution of the marriage),

• Enforcement (for alimony, child custody, and compensation)
  .

If no recognition occurs:

• She is still legally married in Türkiye

• Property division cannot be initiated

• Remarriage is not allowed

• The child's custody is considered invalid in Türkiye.

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6. Advantages of Divorce Cases with Foreign Spouses in Turkish Courts

• The party knows the language of the Turkish court and can manage the process more easily

• Since Turkish law will apply, the need for recognition of the decision decreases

• More protective provisions can be applied in the property regime

• Fees and costs are lower.

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7. Advantages of Getting Divorced in a Foreign Country

In some cases, it makes more sense to get divorced abroad:

• The duration is shorter

• Calculations for monetary compensation may vary

• If the child lives in that country, the custody assessment may be clearer.

In this case, the decision must be recognized in Türkiye.

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8. The Most Common Mistakes Spouses Make in International Divorces

• Filing a lawsuit in the wrong country,

• Delaying recognition and enforcement,

• Ignoring the provisions of the matrimonial property regime,

• Taking a child out of the country without permission,

• Not sending the notification to the country where the spouse resides,

• Applying the wrong law.

These errors may lead to the dismissal of the case or a ruling of lack of jurisdiction.

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Conclusion: In divorces involving foreign spouses, the "Right Legal Strategy" makes all the difference

International divorce cases are multifaceted, not only emotionally but also legally. Therefore:

• Authority,

• Applicable law,

• Property regime,

• Custody,

• Recognition and enforcement

Each stage, like this, must be managed professionally.

With the right country selection, the right request, and the right legal framework, the process can be completed quickly and smoothly.