The Problem
You are going through a divorce involving Turkey — perhaps you married a Turkish citizen, have property in Turkey, or both spouses are foreigners living in Turkey. International divorce cases are legally complex because they involve questions of which country courts have jurisdiction, which country law applies to the marriage, how assets in multiple countries will be divided, and how custody of children will be determined across borders.
How the Law Works in Turkey
International divorce jurisdiction is governed by the International Private and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun, Law No. 5718). Turkish courts have jurisdiction if either spouse is a Turkish citizen or if both spouses are domiciled in Turkey. Applicable law: the common national law of the spouses applies; if they have different nationalities, the law of their common domicile applies; if different domiciles, Turkish law applies (Article 14). Grounds for divorce under Turkish law include: irretrievable breakdown (TMK Article 166), adultery (161), attempt on life (162), cruel treatment (162), and criminal conviction/dishonorable conduct (163-164).
What the Tourist Should Do
Determine which country has jurisdiction and which law applies. Attempt mandatory mediation (arabuluculuk) first for uncontested divorces. If filing in Turkey, prepare: marriage certificate (apostilled and translated), evidence supporting grounds for divorce, financial documentation for asset division, and a custody proposal if children are involved. File the divorce petition at the Family Court (Aile Mahkemesi) of the defendant domicile. For urgent matters (domestic violence, child abduction), request interim measures.
The Risks
Filing in the wrong jurisdiction can result in a judgment that is unenforceable in other countries. Divorce judgments from Turkish courts must be recognized (tanıma) and enforced (tenfiz) through court proceedings in other countries — this is not automatic. Child custody decisions may conflict across jurisdictions, creating Hague Convention abduction risks. Assets in Turkey may be dissipated during proceedings if interim protective measures are not obtained quickly.
LetFix Solution
LetFix handles international divorce cases in Turkey with sensitivity and expertise. Our family lawyers manage jurisdiction analysis, applicable law determination, asset division across borders, custody arrangements, and enforcement of foreign judgments.
