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Divorce Case with Foreign Elements: Which Country's Law Applies, Which Court is Competent and How is a Foreign Divorce Decision Recognized in Türkiye? Law No. 5718 on Private International Law and Procedural Law art.2, art.5, art.13-15, art.40, art.50-59; Article 168 of the Turkish Civil Code No. 4721 was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
When at least one of the spouses is a foreigner, the divorce case carries a foreign element and the law of the country to be applied is determined according to Law No. 5718. As a rule, the reasons and provisions of divorce are subject to the common national law of the spouses; If the spouses have separate citizenships, joint habitual residence law applies; otherwise, Turkish law applies. Alimony and custody are also subject to the same rule; In temporary measures, Turkish law applies. The validity of the divorce decision taken in a foreign court in Türkiye depends on the recognition or enforcement case. This guide explains these three questions: which law, which court, which procedure.
Which Country's Law Applies to Divorce with a Foreign Element?
According to the first paragraph of Article 14 of Law No. 5718, the reasons and provisions for divorce and separation are subject to the common national law of the spouses. If the parties have different citizenships, common habitual residence law applies; otherwise, Turkish law applies. The same rule applies to alimony requests, separation and nullity of marriage (Art. 14/2). Custody and custody-related problems in divorce are also subject to the same provision (Art. 14/3). Turkish law applies to requests for interim measures (Art. 14/4).
Spouses are citizens of different countries and have a common habitual residence Common habitual residence law
marital property The law chosen by the spouses; If there is no choice, common national law; if that is not available, common habitual residence law; otherwise, Turkish law (Art. 15/1).
Does the Judge Apply Foreign Law Automatically?
Yes. According to Article 2 of the Law, the judge applies the Turkish conflict of laws rules and the foreign law that is authorized according to these rules. The judge may request the assistance of the parties in determining the content of foreign law. If the provisions of foreign law regarding the incident cannot be determined despite all investigations, Turkish law shall be applied (Art. 2/2). If a provision of foreign law applied to a specific case is clearly contrary to Turkish public order, that provision is not applied; Turkish law is applied in cases deemed necessary (Art.5).
In its decision dated November 2, 2022 and numbered E.2022/6751, K.2022/8808, the 2nd Civil Chamber of the Supreme Court of Appeals did not find it appropriate for the first instance court to directly apply Turkish law without researching foreign law in a divorce case in which both parties were Syrian citizens and overturned the decision. The Chamber stated that the spouses' common national law should be investigated first, and if this law is clearly contrary to Turkish public order, Turkish law should be applied. The decision shows the importance of making the right choice of law at the beginning of the trial in divorce cases with foreign elements.
In which court is the divorce case filed?
The international jurisdiction of Turkish courts is determined by the local jurisdiction rules of domestic law (MÖHUK art. 40). In divorce or separation cases, the competent court is the court of one of the spouses' place of residence or the court of the place where they lived together for the last six months before the lawsuit (TMK article 168). Therefore, if one of the spouses is resident in Türkiye or if the spouses have been living together in Türkiye for the last six months, a divorce case can be filed in Türkiye. Since spouses may have the opportunity to file a lawsuit in a foreign country, it is a strategic decision in which country to file the lawsuit. If there is a lawsuit filed and pending in a foreign court, its impact on the case in Türkiye should also be examined.
Is a Divorce Decision Received in a Foreign Court Valid in Türkiye?
The acceptance of a foreign court's divorce decree as final judgment or conclusive evidence in Türkiye depends on the court's determination that it meets the recognition conditions (Art. 58/1). In recognition, reciprocity is not required between Türkiye and the state where the decision is made (Art. 58/1). Compulsory execution of the judgment in Türkiye requires enforcement action (Art. 50). For enforcement, conditions such as reciprocity, the judgment not being given on a matter within the exclusive jurisdiction of the Turkish courts, not clearly contrary to public order, and the defendant being duly summoned are required (Art. 54).
The court in charge of enforcement cases is the court of first instance; The lawsuit can be filed in the court of the residence of the person against whom enforcement is sought in Türkiye, or in the court of the place where he/she resides, or in the absence of that, in one of the courts of Ankara, Istanbul or Izmir (Art. 51). A foreign court decision has the effect of final judgment or conclusive evidence from the moment it becomes final (Article 59). The recognition decision also comes into question in practice in population registration procedures; The same document may also be important in residence permit or citizenship processes.
How Does Divorce Affect a Foreigner's Residence Permit?
For a foreigner married to a Turkish citizen, divorce affects the family residence permit. A short-term residence permit may be available in cases such as three-year family residence, being a victim of violence and the death of a sponsor; This issue is also discussed in the family residence permit guide. The timing and outcome of the divorce case can directly affect the legal status of the foreign spouse in Türkiye.
Reasons for divorce Common national law; Law of common habitual residence in separate citizenship (Art.14/1)
Determination of foreign law The judge applies ex officio; If it cannot be determined, Turkish law (Art.2)
competent court Place of residence of one of the spouses or the place where they have lived together for the last 6 months (TMK article 168)
Recognition of foreign decision Reciprocity is not required (Art. 58); Required in enforcement (Art. 54)
Case Summary Form: Fictional example: Two foreign spouses living in Türkiye are citizens of different countries. The family lived abroad for a while, then moved to Türkiye. One of the spouses wants to file for divorce in Türkiye. The parties do not know which law will apply. Process: Since the spouses have separate citizenships, there is no common national law. The location of the last joint habitual residence is determined according to the concrete case. If not found, Turkish law applies. Requests for interim measures are in any case subject to Turkish law. Conclusion: Collecting information about citizenship documents, place of common living and foreign law at the beginning of the case ensures the correct determination of the law. The court's investigation of foreign law may affect the duration of the process.
Can two foreigners get divorced in Türkiye?
The international jurisdiction of Turkish courts is determined according to the jurisdiction rules in domestic law. If one of the spouses is resident in Türkiye or if the spouses have been living together in Türkiye for the last six months, the case can be filed in Türkiye. The applicable law may be foreign. Can the foreign spouse receive alimony in divorce? Alimony requests are also evaluated according to the law governing the reasons for divorce. Alimony conditions may vary depending on common national law or habitual residence law.
According to which law is custody of children determined?
Custody and related issues in divorce are also subject to the law applicable to the grounds of divorce. Requests for interim measures are evaluated according to Turkish law.
Is a divorce decision taken abroad automatically valid in Türkiye?
No. In order for it to be accepted as final judgment or conclusive evidence in Türkiye, it must be determined by the court that it meets the recognition conditions.
Which law applies to property division?
Spouses can choose between their habitual residence at the time of marriage or their national law. If there is no choice, common national law is applied, if that is not available, common habitual residence law is applied, and if that is not available, Turkish law is applied. In the liquidation of immovable properties, the law of the country in which they are located is applied.
Who proves foreign law to the court?
The judge applies foreign law ex officio; However, it may request the assistance of the parties in determining foreign law. For this reason, preparing documents and information regarding the law of the relevant country facilitates the process.
Although the grounds for divorce are subject to foreign law, the petition is prepared only based on Turkish law. Failure to provide sufficient evidence in determining joint habitual residence. The divorce decision taken abroad is considered valid in Türkiye without filing a lawsuit for recognition or enforcement. Planning the divorce process without taking into account the residence permit results. The law or choice of law applicable to the property regime is not controlled by the contract.
Divorce cases with foreign elements require the applicable law, the competent court and the recognition of foreign decisions to be evaluated together. Failure to determine the correct law may lead to the verdict being overturned under the supervision of the Supreme Court. Küheylan Law Firm provides legal support to foreign clients in the execution of divorce cases with foreign elements, recognition and enforcement of foreign court decisions, and planning of the residence permit consequences of divorce.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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