Divorce Cases & Recognition of Divorce Abroad in Turkey

Divorce cases are legal processes that involve the termination of the marriage union. In Turkey, divorce proceedings are conducted in accordance with the Civil Code and other relevant legislation. The recognition of divorces abroad in Turkey takes place through certain procedures.

Divorce Cases in Turkey:

Divorce cases in Turkey are legal processes in which couples apply to the court to terminate the marriage union. Divorce cases are handled in two main categories: uncontested divorce and contentious divorce.

Uncontested Divorce: If the spouses have reached an agreement on the terms of divorce, they may opt for an uncontested divorce. Uncontested divorce is realised with a protocol submitted to the court. This protocol includes issues such as property division, custody of children, alimony. When the court confirms that the protocol is in accordance with the law, it decides on divorce.

Contentious Divorce: If the spouses cannot agree on divorce, they can file a contentious divorce case. In this case, the court decides by evaluating the reasons for divorce and other relevant factors. 

Recognition of Divorce Abroad in Turkey:

In Turkey, there are certain procedures for the recognition of a divorce granted abroad in Turkey. The divorce judgement given abroad must be in accordance with Turkish law. The basic principles and conditions required for a divorce in Turkey must be compatible with the judgement given abroad.

Filing a Recognition and Enforcement Case: In order for a foreign divorce decree to be recognised in Turkey, a recognition and enforcement action must be filed. Recognition and enforcement proceedings are carried out by applying to a local court in Turkey. Within the scope of the recognition and enforcement case, the local court evaluates the divorce judgement given abroad. The court evaluates whether the judgement is contrary to Turkish public order and other validity conditions.

Recognition and Enforcement Decision: If the court decides to recognise the foreign divorce decree in Turkey, a recognition and enforcement decision is issued. With this decision, the divorce judgement given abroad becomes valid in Turkey and the rights of the parties are protected.

The above-mentioned explanations are general explanations about divorce and recognition of a divorce abroad in Turkey. However, each case may be different and therefore it is important to get direct support from a lawyer. The details and requirements of the legal process may vary depending on the specifics of the case and local legislation.