Foreign Divorce decree, registering divorce thats issued?

If a divorce decree has been obtained from a non Turkish court, the decision does not automatically affect the marriage registration in Turkey. In other words, if a couple has their marriage registered in Turkey and were divorced by a non-Turkish court, they need to take legal action to register their divorce in Turkey, otherwise their marriage will remain valid in Turkey. .

There are two options to register a foreign divorce decree in Turkey:

· File a recognition case for the divorce decree in a court in Turkey

· Make an application to the Turkish consulate for the recognition of the divorce decree

What are the requirements for filing a divorce decree recognition case in Turkey?

The requirements for the enforcement procedure for a decision by a foreign court, are set down in the International Private Law and Procedure Law of Turkey, article 54:

(1) The competent court shall render enforcement subject to the following conditions:

a) Existence of an agreement, on a reciprocal basis between the Republic of Turkey and the state where the court decision is given or a de facto practice or a provision of law enabling the authorisation of the execution of final decisions given by a Turkish court in that state,

b) The judgement must have been given on matters not falling within the exclusive jurisdiction of the Turkish courts or, in condition of being contested by the defendant, the judgement must not have been given by a state court which has accepted himself competent even if there is not a real relation between the court and the subject or the parties of the lawsuit,

c) The court decree shall not openly be contrary to a public order,

d) The person against whom enforcement is requested was not duly summoned pursuant to the laws of that foreign state or to the court that has given the judgement, or was not represented before that court, or the court decree was not pronounced in his/her absence or by a default judgement in a manner contrary to these laws, and the person has not objected to the exequatur based on the foregoing grounds before the Turkish court,

If the foreign divorce decree meets the requirements which are listed above, the recognition case can be filed in Turkey.

Will the Turkish court make a new divorce decision?

The Turkish court will not evaluate the conditions of the divorce or make a new decision. The content of the foreign decree will remain the same and the Turkish court will only decide on whether the foreign divorce decree meets the above requirements for recognizing foreign court decrees.

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