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Divorce in Turkey

Introduction

For those who are married to a national of their own country, a divorce in that country brings the marriage to an end.

However, if you have a Turkish spouse, a divorce in a foreign country will not have any legal effect in Turkey unless the divorce decree is recognised by the Turkish Courts. In such cases, rather than having to go through divorce proceedings in Turkey, Turkish law allows foreign divorce decrees to be recognised in Turkish courts provided that certain conditions are met.

The issue of recognition and enforcement of foreign court judgments and arbitration awards in Turkey is one of the most vital final key points in international transactions in case the object of the transaction (i.e. marriage, debtor assets, goods)

 

Required Documentation

For the application of a recognition and enforcement procedure in Turkey, the following documents are required:

  1. Foreign decree that shall be subject to the recognition and enforcement procedure with certificate of no appeal by the court and the date of finalization on the original copy of decree
  2. Apostille on the foreign decree
  3. Notarized translation of the decree and the certificate of no appeal into Turkish
  4. Notarized power of attorney in case of representation by an attorney at law.

The certificate of no appeal means that the decree is absolute and comes into effect. The apostille is a certification under the Hague Convention for authenticating documents for use in other States that are also signatories to the Convention. Most states have signed this Convention, including the UK and the US.

The apostilled decree has to be translated into Turkish and then notarized. Translation and notarization can be carried-out at the relevant Turkish Consulate abroad.

Power of Attorney

In case of representation by a lawyer, the power of attorney has to be in Turkish and notarized. Turkish nationals can arrange the power of attorney at the nearest Turkish Consulate abroad. Foreign nationals have to arrange the power of attorney either at the Turkish Consulate or at the notary in their home country. However, if the power of attorney is not issued at the Turkish Consulate, an apostille from the competent authority in the notary’s district is required for its use in Turkey.

It is important that the power of attorney relates to recognition and enforcement procedures (In Turkish: Tanıma ve Tenfiz Davası). At least two passport pictures are also required for the power of attorney. Advocate Abroad can help you to arrange this power of attorney and to represent you in Turkey to have the divorce decree from your country recognised by the Turkish Courts.

 

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Client testimonials

"Kubra was extremely knowledgeable about Turkish law and my options as a dual Turkish/American citizen living abroad. I was blown away by how quickly she assessed my situation.

At every step along the way, she provided me with options for the next step. I never felt stuck or pressured to go in a certain direction. Costs were discussed in advance. They were very reasonable for the work performed.

I truly felt that I had someone on my side at every step along the way. Kubra is extremely friendly and very professional. I will definitely continue using her services for any other legal issue that I have to address in Turkey."

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Divorce

Available in the following locations: Ankara, Antalya, Aydın, Bodrum, Istanbul, Izmir, Kocaeli , Kusadasi, Manisa , Mersin, Mugla.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

Location

1Who is this Service for?

For anyone who wishes to initiate, or who needs to respond to, divorce proceedings or other family law proceedings including separation and annulment.

2What does this service consist of?

  • Initial discussion with a specialist lawyer to understand the current position and options for next steps
  • If initiating divorce proceedings, possibility to refer case to an Advocate Abroad solicitor registered by the Law Societies in the UK to provide consultation on whether divorce proceedings may take place in the UK
  • If proceedings in UK not possible or desired, filing of the divorce petition to the local Courts or formal legal response if responding to a petition for divorce in the local Courts
  • Certificate of English law arranged if applying English-law to the foreign divorce proceedings
  • Negotiation of all terms of the divorce settlement
  • Drafting/Review of the divorce agreement
  • Division and distribution of Matrimonial Assets
Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

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