Procedure for divorce of foreign citizens in Turkey

Divorce is a difficult process, both emotionally and legally, especially for foreign nationals in another country. In Turkey, the legislation governing divorce proceedings clearly defines the rights and obligations of the parties. In this article we will look at the key aspects of divorce for foreign citizens in Turkey, its features, procedure and the importance of professional legal assistance.

Features of divorce of foreign citizens in Turkey

1. Applicable law
The question of which law applies to divorce proceedings - Turkish or the law of the country of nationality of the parties - is decided depending on the circumstances. According to Article 14 of the Turkish Civil Code, divorce is governed by:

• the legislation of the country where the spouses have common citizenship;
• the legislation of the country where the spouses last lived together;
• Turkish law, unless otherwise applicable.

2. Recognition of marriage and divorce in other countries
If the marriage took place abroad, it must be legalized in Turkey. Otherwise, divorce may be legally impossible. Likewise, a divorce granted outside Turkey must be recognized by the Turkish courts through the process of tanıma ve tenfiz (recognition and enforcement of a foreign judgment).

3.Features of mixed marriages
When one foreigner and a Turkish citizen divorce, issues of child custody, alimony and division of property are considered in accordance with Turkish law, unless a court decision has previously been obtained in another country.

Divorce procedure in Turkey

1. Divorce agreement
If the spouses agree to the divorce and agree on all the conditions (division of property, child custody, alimony), the process goes faster. To do this, you must file a joint application with the court and submit a written agreement on the key aspects of the divorce.

2. Judicial divorce
If there is no consent of one of the spouses, divorce is carried out through the court. The main reasons for filing a divorce claim include:

• treason;
• violence or abuse;
• Inability to live together due to irreconcilable differences;
• long-term separation;
• mental illness of one of the spouses.

Stages of the divorce process

• Preparation of documents. A marriage certificate, identification card, documents on jointly acquired property, as well as evidence of the reasons for divorce are required.
• Filing a claim. The claim is filed in the civil court of Turkey at the place of residence of the defendant or plaintiff.
• Litigation. The court considers the evidence presented, hears the parties and makes a decision.

Duration of the process
The timing depends on the degree of consent of the spouses and the complexity of the case. A divorce agreement can be approved in a few months, while a trial can drag on for a year or more.

Assistance from a lawyer in the divorce process

1. Consultations and analysis of the situation
   The lawyer will explain the applicable legislation, assess the prospects of the case and propose the optimal strategy.
2. Drafting and filing a claim
   The lawyer will prepare documents, ensure they comply with the requirements of the law and file the claim in court.
3. Representation in court
   In court, the lawyer will protect the interests of the client, present evidence and arguments aimed at achieving a beneficial result.
4. Translation of documents and language support
   It is important to consider that all documents must be translated into Turkish and notarized. A lawyer will help arrange translation and provide legal support, including communication with the court.
5. Resolution of Related Issues
   Divorce entails issues related to the division of property, child custody and alimony. An experienced lawyer will help you reach a fair solution.

The main risks of independent divorce proceedings

Attempting to carry out the process without professional assistance may result in the following risks:

• errors in document preparation;
• failure to comply with procedural deadlines;
• loss of property or unfair distribution of assets;
• violation of child custody rights.

Divorce in Turkey for foreign citizens is a complex process that requires taking into account many legal nuances.By turning to an experienced lawyer for help, you can minimize stress, protect your interests and speed up the process.