WHICH COUNTRY'S LAW IS APPLIED IN CASE OF DIVORCE WITH A FOREIGN NATIONAL WIFE?


WHICH COUNTRY'S LAW IS APPLIED IN CASE OF DIVORCE WITH A FOREIGN                                                                    NATIONAL WIFE?

The law to be applied in the case of divorce from a foreign spouse is regulated in the Law No. 5718 on International Private and Procedural Law. Article 14 of this law is regulated under the title of "Divorce and separation";

(1) The grounds and provisions of divorce and separation are governed by the common national law of the spouses. If the parties are of different citizenships, the law of common habitual residence is applied, and in the absence of it, Turkish law is applied.

(2) The provisions of the first paragraph shall apply to the alimony demands between the divorced spouses. This provision is also valid in case of separation and nullity of marriage.

(3) Custody and custody issues in divorce are also subject to the provisions of the first paragraph.

(4) Turkish law applies to interim measures requests.


Where is the Divorce Case for the Foreign Spouse Filed?

 

The place where the divorce case will be filed for the spouse who is a foreign national is regulated in the Law No. 5718. However, due to the lack of a clear regulation, there may be uncertainty about which court falls under the jurisdiction of the divorce case to be filed against the foreign spouse. Because, the court in charge of the divorce case for the foreign spouse is the family court. Where there is no family court, the civil court of first instance is in charge.

In divorce cases where one of the spouses is a foreign national, the competent court is determined by referring to Article 168 of the Turkish Civil Code No. 4721. According to this article; The competent court in the divorce case to be filed against the foreign spouse is the place of residence of one of the spouses or the court of the place where they have lived together for the last six months before the lawsuit. However, if both spouses live abroad, since the competent court cannot be determined according to article 68 of the Turkish Civil Code, Article 41 of the International Private Law Law is considered;

Cases of Turkish citizens related to their personal status can be filed in the court of competent jurisdiction in Turkey in case they are not or cannot be filed in foreign courts, in case of absence, the place of residence of the person concerned, if he is not residing in Turkey, in the court of the last settlement in Turkey, if he is not present, Ankara, Istanbul or in one of the Izmir courts.

 

Validity of Divorce Decision Taken in a Foreign Country in Turkey

Divorce decision taken in a foreign country becomes valid in Turkey only as a result of recognition and enforcement procedures. In this respect, it is important to know that a divorce decision made in a foreign country will not be directly valid in Turkey. In the event that a divorce decision made abroad is not recognized and enforced in Turkey, the parties divorced abroad are still considered married in Turkey, and the decision of the foreign court will not have a judgment and result in Turkey.

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