The divorce process of foreign couples who marry or live in Türkiye is regulated in accordance with MÖHUK article 13.
Authority
- Foreign couples living in Türkiye can get divorced in the Turkish court
- Civil or family court of first instance
- Authority: where the joint residence is located
Applicable Law (MÖHUK) art.13)
- If the spouses have joint citizenship, the law of that country
- If not, joint habitual residence
- If not, Turkish law
Typical Scenarios
- Two Syrian citizens got married in Türkiye and divorced in the Turkish court → Syrian law
- Turkish-German couple lives in Türkiye → Turkish law
- Two foreigners (different nationalities) live in Türkiye → Turkish law
Documents
- Passport / residence permit
- Overseas marriage certificate (apostilled)
- Overseas civil status certificate
- Translated documents
Decision Recognition (Domestic Except)
- Can the Turkish court decision be valid abroad?
- Recognition process according to the laws of that country
- Apostille auxiliary
Custody of Children
- Turkish court can decide (if Turkish law is applied)
- If foreign law is applied, the rules of that country
- 1980 Hague Child Abduction Convention protection provides
Supreme Court 2. HD
2. HD accepts that in divorces of foreign couples, the law to be applied should be determined according to MÖHUK article 13, and that it is unfair to apply Turkish law mechanically.
Family and foreigners law lawyer is recommended.