Recognising a Foreign Divorce in Türkiye: Court and Registry Routes

A divorce granted by a foreign court is not automatically valid in Türkiye. Until it is recognised, Turkish records still treat the person as married, which can block remarriage and complicate property and inheritance matters for foreign residents on the coast. There are two routes: a court case, and, since 2018, direct registration at the civil registry.

Key legal considerations

• A foreign judgment needs Turkish recognition. Under the Code on Private International Law and Procedure (No. 5718), a foreign civil judgment can be executed in Türkiye only through a Turkish court enforcement (tenfiz) decision; for it to count as conclusive (recognition, tanıma), the court must find the enforcement conditions met.
• Conditions. These include reciprocity between Türkiye and the state that issued the judgment, consistency with Turkish public policy, and observance of the rights of defence.
• Court route. Recognition and enforcement are, in practice, handled by the family court.
• Administrative route (since 2018). A regulation published in the Official Gazette on 7 February 2018 (No. 30325), based on Article 27/A of the Civil Registration Services Law (No. 5490), allows a final foreign divorce decision to be registered directly at the provincial civil registry, or at a Turkish diplomatic mission abroad, without a court case. Parties may apply jointly or separately; where separate, the two applications must be no more than 90 days apart. A decision manifestly contrary to Turkish public policy is rejected, and the application is refused where there is conflicting litigation in Türkiye. If administrative registration is refused, the court route remains available.
• Documents. The foreign decision must carry an apostille (for Hague Convention countries) and an authenticated Turkish translation.

Practical steps

1. Confirm the decision is final under the law of the country that issued it.
2. Legalise it: an apostille and a certified Turkish translation.
3. Choose the route: registry or consulate registration where the conditions are met, or a court case where they are not.
4. Apply at the provincial civil registry or a Turkish consulate (administrative), or before the family court (judicial).

Risks and common issues

• Assuming the foreign divorce is automatically effective in Türkiye.
• A decision that is not final, or missing the apostille or translation.
• A public-policy conflict, or parallel proceedings in Türkiye, leading to refusal.
• Separate applications filed more than 90 days apart on the administrative route.

Conclusion

Recognising a foreign divorce is what makes a person's marital status correct in Türkiye, and it usually comes down to a final, properly legalised and translated decision processed through the right route. Resolving it early avoids later problems with remarriage, property and inheritance.