Divorce proceedings involving foreign spouses in Turkey are among the most common family law cases. Divorce cases between a Turkish citizen and a foreign spouse are evaluated under both the Turkish Civil Code and the Private International Law and Procedural Law Act (PIL – MÖHUK).
In this article, you will find updated and comprehensive answers to questions such as:
“How can a divorce case be filed with a foreign spouse in Turkey? How do foreign nationals initiate a divorce case? Which court is competent? Which law is applicable? Are foreign divorce decrees valid in Turkey?”
Yes. Foreign nationals married to Turkish citizens may divorce in Turkey. Even if the foreign spouse does not have a residence permit in Turkey, the Family Courts are competent to hear such cases.
For spouses residing in Turkey: The Family Court of the defendant spouse’s place of residence.
For spouses residing abroad: The Family Court of the plaintiff’s place of residence in Turkey or where the marriage lasted for the last 6 months.
Competent court: Family Courts.
According to PIL (MÖHUK), the law applicable to divorce is determined as follows:
If the spouses share a common nationality → their national law applies.
If no common nationality exists but there is a common habitual residence → the law of that residence applies.
If neither exists → Turkish law applies.
This rule applies not only to divorce itself but also to matters such as custody, alimony, compensation, and property division.
Divorce decrees granted abroad are not automatically valid in Turkey. For recognition and enforcement, one of the following must be filed before Turkish courts:
Recognition action (to have the foreign judgment legally recognized in Turkey),
Enforcement action (to render the foreign judgment enforceable in Turkey).
In these cases, the judgment must be final, properly served to the other party, and must not be contrary to Turkish public order.
Custody is determined according to the best interest of the child under the Turkish Civil Code.
Temporary alimony (alimony pendente lite),
Child support (participation alimony),
Spousal support (poverty alimony).
These can be ordered under Turkish law depending on the case.
If Turkish law applies, the regime of participation in acquired property is the default.
Either spouse may claim material or moral damages.
1. Can foreign nationals file for divorce in Turkey without coming to Turkey?
Yes. Even if the foreign spouse does not reside in Turkey, divorce proceedings can be pursued through an attorney. The court process continues with official notifications and submission of the required documents.
2. Is a foreign divorce decree valid in Turkey?
No. For a foreign divorce decree to be valid in Turkey, a recognition or enforcement action must be filed before the Turkish courts.
3. How is custody of children determined?
Custody is decided according to the best interest of the child, usually based on which parent can provide a better living environment.
4. Is uncontested divorce possible with a foreign spouse?
Yes. If both parties agree on divorce and its consequences (custody, alimony, property division, etc.), an uncontested divorce action can be filed. If the foreign spouse resides abroad, they may participate in the proceedings via a notarized power of attorney through their lawyer.
5. How long does it take to divorce a foreign spouse in Turkey?
The duration depends on whether the case is contested or uncontested, and whether notifications must be sent abroad. On average, the process may take between 6 months and 2 years.
6. How is property divided?
If Turkish law applies, all property acquired during marriage is deemed marital property and subject to division, while personal assets (such as gifts or inheritance) remain separate.
7. What happens if the foreign spouse’s address is unknown?
If the address cannot be determined, service by publication (public notice) is used. This may prolong the case but does not prevent it from proceeding.
8. Does the foreign spouse’s application for Turkish citizenship affect the divorce process?
No. A pending citizenship or residence permit application does not impact the divorce proceedings. Divorce is handled independently.
9. Can a foreign spouse remain in Turkey after divorce?
If the residence permit was based on marriage, it may be terminated after divorce. However, the foreign spouse may remain in Turkey through other residence grounds such as work permits, student residence, or investment-based residence permits.
10. Is it mandatory to hire a lawyer?
No, but it is highly recommended. Divorce cases involving foreign nationals often combine international private law and Turkish law, and professional legal assistance ensures the process is accurate, faster, and without rights violations.
Divorce cases with foreign elements involve both Turkish family law and international private law. Therefore, it is crucial to seek professional support. Preparation of documents, translations, apostille procedures, and proper service of notifications require expertise. With legal assistance, parties can avoid potential loss of rights and ensure a smooth process.
Divorcing a foreign spouse in Turkey is possible and can be completed smoothly if the right steps are followed. With complete documentation, filing before the competent court, and proper legal representation, the process can be finalized efficiently.
