KÜHEYLAN HUKUK
Recognition and Enforcement in Türkiye of Divorce Decision Received Abroad (2026) Law No. 5490 art. Administrative Registration in accordance with 27/A, MÖHUK art. Recognition and Enforcement Case, Required Documents and the Fate of Custody and Alimony Provisions within the Scope of 50-59 Updated as of 2026
A divorce decision received from a foreign court does not automatically become effective in Türkiye; Unless recorded in the civil registry, the person continues to appear married in terms of Turkish law. There are two ways to eliminate this result: administrative registration through the civil registry office or consulate, in cases where the conditions are suitable, and a recognition case in the family court, which can be applied in any case. For provisions that need to be enforced, such as custody, alimony and compensation, an enforcement decision must be taken. The recognition case is not bound by any time period.
1. Why Is Recognition Necessary?
Foreign court decisions do not have direct consequences in the field of Turkish state sovereignty. If the marriage continues in the civil registry of a Turkish citizen who divorced abroad; Serious problems arise in terms of remarriage, inheritance sharing, use of surnames, children's birth registration and social security rights. For example, in the event of the death of one of the ex-spouses, if the final judgment is not recognized in Türkiye, the other may still appear to be the legal heir.
Article 27/A of the Population Services Law allows foreign divorce decisions that meet certain conditions to be recorded directly in the civil registry by administrative authorities, without filing a lawsuit.
The decision must have been given by the competent authority of the foreign country and become final in accordance with the law of that country,
As a rule, the application must be made jointly by the spouses; If one of the spouses is dead or a foreigner, the Turkish citizen spouse can apply alone,
If one of the spouses applied separately, the other must apply to the same authority within 90 days.
The application is made to the Turkish foreign representative office in the country where the decision was made or to the provincial population and citizenship directorate in Türkiye. Administrative registration only records the divorce decree; It does not cover custody, alimony, compensation and property sharing provisions. Moreover, administrative registration is not a mandatory preliminary stage; The relevant person may directly file a recognition lawsuit.
In cases where there are no administrative registration conditions (for example, spouses cannot apply together) or the other party does not cooperate, a recognition lawsuit is filed. Recognition is the acceptance of the final judgment and conclusive evidence effect of a foreign decision in Türkiye. Recognition conditions (via MÖHUK article 54)
finalization The decision must be finalized according to the law of the country where it was made.
exclusive jurisdiction The decision was not given on a matter that falls within the exclusive jurisdiction of Turkish courts.
right of defense The other party has been duly summoned, represented and his right to defense has not been restricted.
The Turkish court does not re-examine the merits of the foreign decision (revision au fond ban). The absence of a reason for divorce in Turkish law, for example, a divorce based on a unilateral declaration, does not constitute a violation of public order on its own; However, cases where the party is divorced without being informed are considered as violation of the right to defense.
Recognition is not sufficient for the parts of the foreign decision that require enforcement (alimony, compensation, child delivery pursuant to custody, property division); An enforcement decision must be taken. In addition to the recognition conditions, enforcement requires reciprocity: there must be an agreement, legal regulation or actual practice based on reciprocity between the country where the decision was made and Turkey (MÖHUK art. 54/1-a). In practice, recognition and enforcement requests are usually put forward together in the same petition.
The competent court is the family court. The competent court is the court of the place of residence or residence in Türkiye of the person against whom recognition is sought. If these are not available, a lawsuit can be filed in one of the Ankara, Istanbul or Izmir courts (MÖHUK article 51).
Apostille annotation (for countries party to the Hague Apostille Convention) or consular approval of both documents,
Power of attorney if pursued through a lawyer.
When the recognition decision becomes final, the spouses are deemed to be divorced from the date the foreign decision becomes final and the decision is recorded in the civil registry.
The Turkish citizen couple living in Germany was divorced in the German family court in 2021, custody of the children was given to the mother and the father was sentenced to pay monthly alimony. The father returned to Türkiye, does not pay alimony and wants to remarry in Türkiye. The decision is not recognized in Türkiye.
In order for the father to remarry, the divorce decision must be recorded in the civil registry; If the mother does not cooperate, the father must file a lawsuit for recognition. In order for the mother to collect her alimony receivable in Türkiye, she must request the enforcement of the alimony and custody parts of the decision. Since there is reciprocity between Türkiye and Germany, the enforcement conditions are met. Following the enforcement decision, the father's salary in Türkiye may be seized.
Is it necessary to come to Türkiye from abroad for the recognition case?
No. The case can be pursued through an attorney. A person abroad can issue a power of attorney to a lawyer at the Turkish consulate in his/her country.
How long does the recognition case take?
If the other party is abroad, the notification process largely determines the duration. If the other party is in Turkey or participating in the case, the case may be concluded within a few months, or longer if notification abroad is required.
I got divorced abroad but I did not announce it in Türkiye. Can I remarry?
To get married in Türkiye, the previous marriage must have ended in Turkish records. While new marriages made abroad are also registered in Türkiye, previous marriages cause problems.
Can divorces made by consensual notary or administrative authority be recognized?
In some countries, divorce is done by administrative authorities, not judicial authorities. Such decisions may be recognized if they have the effect of a court decision in the law of that country and other conditions are met; The evaluation is made based on concrete documentation.
Applying only with the text of the decision without obtaining the finalization annotation.
Leaving the apostille annotation or sworn translation of the documents incomplete.
Thinking that custody and alimony are also recognized with administrative registration.
Requesting only recognition without distinguishing between recognition and enforcement.
Delaying the recognition of the decision for years and encountering problems in inheritance and marriage transactions.
A divorce decision taken abroad is only an incomplete legal process until it is recognized in Türkiye. Choosing the right path, preparing the documents completely and requesting the enforcement of the provisions requiring execution together will shorten the process significantly. Küheylan Law Firm handles the recognition and enforcement cases of Turkish citizens living abroad remotely, end-to-end, from document preparation to population registration, via power of attorney.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Since each dispute involves unique facts, the file must be evaluated separately by a lawyer in order to avoid loss of rights in a concrete case. The legislation and case law information contained in the text is up to date as of the date of publication; subsequent changes may affect the result.
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