Divorce cases involving foreign nationals can raise questions that do not usually arise in purely domestic proceedings. The spouses may live in different countries, hold different nationalities or have children and property located outside Turkey. These factors should be considered before a case is filed.
Can Foreign Spouses Divorce in Turkey?
Foreign spouses may be able to commence divorce proceedings in Turkey if the Turkish courts have jurisdiction. Nationality, residence, habitual residence and any divorce proceedings already pending in another country may influence this assessment.
A marriage performed abroad does not necessarily prevent the spouses from divorcing in Turkey. However, foreign-issued marriage certificates, birth certificates and other official documents may require an apostille or another form of legalisation. A sworn Turkish translation may also be necessary.
Contested or Uncontested Divorce
An uncontested divorce may be possible if the marriage has lasted for at least one year and the spouses agree on both the divorce and its consequences. Their agreement should address relevant matters such as child custody, visitation, alimony and financial arrangements.
Where the spouses cannot reach a complete agreement, the case may proceed as a contested divorce. The court will then examine the parties’ claims, defences and lawfully obtained evidence.
Managing the Case From Abroad
A lawyer may handle many procedural steps under a properly prepared power of attorney. However, this does not guarantee that the entire process can be completed without travelling to Turkey. Personal attendance may still be required depending on the type and circumstances of the case. In an uncontested divorce, both spouses must personally confirm their agreement before the judge.
Foreign nationals and Turkish citizens living abroad can obtain further information about divorce and family law services in Turkey, including child custody, financial claims and the recognition of foreign divorce decisions.
Every international divorce has different legal and practical circumstances. Jurisdiction, required documents and court attendance should therefore be assessed individually before proceedings begin.