DIVORCE RECOGNITION ENFORCEMENT (QUESTION AND ANSWER)


I was divorced abroad, why should I file a lawsuit (divorce recognition and enforcement) again in Turkey?

Being divorced abroad and having the relevant divorce decision alone are not enough. Because, even if a trial has been made abroad, both public institutions and private institutions and organizations do not have the authority to evaluate and appreciate the jurisdiction in which country based on which laws and their applicability in Turkey.

In this case, although technically the recognition and enforcement of the divorce case has been filed, it is not a second trial due to the nature of the case, it can be accepted as the approval of the authority giving the judgment by analyzing the suitability of the first proceeding in terms of Turkish law.

 

Do I have to file a recognition-enforcement case?

 

Before deciding whether you can file a lawsuit for recognition and enforcement of divorce, it is necessary to express the negative effects that may occur if the lawsuit is not filed.


Some problems that you may encounter if you do not file a lawsuit;

1-) Since the parties still appear to be married in terms of Turkish law, their legal heirship status against each other continues. In other words, your divorced spouse can claim your property.

2-) When you want to get married again and you apply to institutions such as the marriage office or population directorate, it is not possible to remarry because you seem to be married. The marital status in your identity card cannot be changed to single.



I live abroad, do I have to come and go to Turkey and follow the hearings when I file a recognition and enforcement case? Can't the case be concluded without ever going to court?

There is no obligation to come to court in recognition-enforcement cases that you carry out through your lawyer. For this reason, you will not have to disconnect from your daily life periodically.

 

I will leave my Turkish citizenship and become a citizen of a foreign country (eg Germany). Should I file a case for the recognition of the divorce decision made abroad?

 

When you renounce your citizenship and want to remarry when you become a citizen of another country, some countries - for example Russia, which we mentioned in the example - will be questioned by the Turkish authorities whether you have the license to marry in terms of your previous citizenship. In this way, it is not possible for you to get married because you still seem married.


How long does the recognition-enforcement case last?

 

In terms of this case, the most important factor that prolongs the process is the obligation to send a notification to the other spouse residing abroad. Because, it is not possible to take any action in the absence of the other spouse. This notice should technically be sent a minimum of 2 times in a case. The content of the notification to be sent should be translated into the language of that country, the form 184 should be filled and sent. A notification alone is not enough. The return of the piece of notification regarding whether it has reached the relevant person is awaited. Due to the issue of notification only, the case takes a minimum of 4-5 months.

If you want your case to be completed as soon as possible and if you have a chance to contact your ex-spouse, you can inform him or her about the situation that he will give a power of attorney to a lawyer in Turkey and the litigation process will be shortened considerably.


What documents are required to open a recognition-enforcement case, what should be done?

 

The original of the divorce decision given by the foreign court (It should not be a photocopy and should be wet signed and sealed.

An annotation or document showing that the divorce decision of the foreign court has been finalized must be obtained. (For example, this decision has become final on ….)

Apostille certification must be added to the foreign court decision in accordance with the Hague Convention. (Due to reciprocity agreements with some countries, apostille may not be required.)

The foreign court decision must be translated into Turkish by a sworn translator. The Turkish decision translated by a sworn translator must be approved by the consulate or notary public.

If a power of attorney is to be given to the lawyer, a divorce power of attorney with a picture must be given from the consulate. The power of attorney must contain "authority to file a lawsuit for recognition and enforcement of the divorce decision made abroad".






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