Divorce from a Foreign Spouse

Divorce from a Foreign Spouse – Lawyer in Izmir

Divorce from a foreign spouse can be finalized abroad or in Türkiye. Those divorcing a foreign spouse abroad must file a recognition and enforcement lawsuit in Turkey after the divorce decree becomes final, so that the decree is also valid in Türkiye.

Provisions regarding marriage and divorce for foreigners. International Private Law This is regulated by law. The type of lawsuit differs depending on whether one or both spouses are foreigners. According to Article 13 of the International Private Law Legislation, the capacity and conditions for marriage are subject to the national law of each party at the time of marriage. The general provisions of marriage are subject to the common national law of the spouses. If the parties have different nationalities, the law of their common habitual residence applies; if there is no such residence, Turkish law applies.

The duration of a divorce case varies depending on the type of divorce and whether the process is handled through a lawyer. Specifically, whether it's an amicable or contested divorce, and whether it's handled by a lawyer, can significantly shorten or lengthen the process. Therefore, to shorten the process, ensure smoother procedures, and avoid loss of rights, it is more beneficial to proceed through a lawyer. For a divorce decree issued by a foreign court to be valid in Türkiye, recognition and enforcement procedures must be completed. Without recognition and enforcement, the divorce will not be directly valid in Türkiye. If recognition and enforcement do not occur, the marriage of the parties in Türkiye continues, and therefore the foreign court decision will not be valid and will not have legal effect in Türkiye.

Initiating a divorce case against a foreign spouse presents significant technical and legal challenges. Turkish citizens married to foreign nationals, especially when seeking a divorce, may encounter serious, stressful, and time-consuming technical and legal problems. The first problem a Turkish citizen facing a foreign spouse may encounter is that the foreign spouse has left the home without notice and returned to their country, leaving their address unknown. The lack of a known address and the need to serve notices abroad due to the foreign nationality can prolong the divorce proceedings. For these reasons, consulting with a lawyer, particularly when divorcing a foreign national, is beneficial for both parties.

 As explained above, Turkish law can be applied even if one or both spouses are foreigners. In this case, a divorce can be requested based on the grounds stipulated in our law.

‘"...Since the parties are British citizens, the applicable law in matters of divorce and separation is British law, which is their common national law. Therefore, while British law should be applied in resolving the dispute between the parties, the court's decision to apply Turkish law and render a judgment based on the parties' request for the application of Turkish law is incorrect. For this reason, it is necessary to decide to overturn the judgment."’’' Y. 2. HD., 2019/4761 E., 2019/10295 K.

‘"...As of the date of the lawsuit, the parties are German citizens, and there is no error in applying German law in resolving the dispute. It is the parties' responsibility to explain the facts, while the legal characterization belongs to the judge (Code of Civil Procedure, Article 33). It is understood that both parties' lawsuits relate to divorce based on the breakdown of the marital union, as per Article 166/1 of the Turkish Civil Code. From the Turkish translation of the German Civil Code found in the file, it is understood that Article 1565 corresponds to the grounds for divorce based on the breakdown of the marital union as defined in Article 166/1 of the Turkish Civil Code. In this case, while it is necessary to evaluate the evidence based on Article 1565 of the German Civil Code and make a positive or negative decision, the judgment rendered in writing necessitates reversal."’ Y.2 .HD., 2016/7438 E., 2016/11110 K

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İzmir Divorce Attorney

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