Divorce in Turkey for Foreigners

The issue of foreign citizens filing for divorce in Turkey is one of the most curious topics. Therefore, when answering this question, it is necessary to first check whether Turkish courts are competent and, if so, which country’s law will be applied.

Divorce of Foreign Citizens in Turkey

The first thing we need to look at is which country’s law is applied in the divorce case. Regarding the applicable law, Article 14 of the International Private and Procedural Law No. 5718 appears, and a gradual system is envisaged here. According to this; The reasons and provisions for divorce and separation are applied as follows:

1- Joint national law of the spouses,
2- If the spouses do not have a common national law, common habitual residence law,
3- Common national or habitual residence law or Turkish law.

To explain in more detail, if both spouses are foreigners and have the same nationality, the Turkish court applies that national law, that is, common national law. If both spouses are foreigners but do not have common national law, the law of common habitual residence must apply. If there is no common national law or common habitual residence law, or if these are clearly contrary to Turkish public order, Turkish law should be applied.

The judge applies ex officio the Turkish conflict of laws rules and the foreign law that is authorized according to these rules. In this regard, the competent authority may request the assistance of the parties in determining the content of the foreign law. If the provisions of foreign law regarding the incident cannot be determined despite all research, Turkish law shall be applied.

For example; If two married Russian citizens want to divorce in Turkey, Russian laws will be applied first. If Russian laws cannot be applied, the law of the place where the spouses reside together will apply. Let’s assume that Russian citizens live in Istanbul. If we assume that Russian laws cannot be applied, then Turkish laws will be applied.

How to Get a Divorce in Turkey?

Foreign citizens can also file for divorce in Turkey. There is no legal obstacle to this. First of all, if foreign spouses have a common national law, that law will be applied. In the absence of a common national law, common habitual residence law will apply. If there is no common habitual residence, Turkish law will apply.

For example: If two married Russian citizens want to divorce in Turkey, they will apply to Turkish courts. Since both spouses are Russian citizens, Russian laws will be applied in the divorce case.

How to Get a Divorce from a Turkish man?

In divorce cases with foreign elements, if the residence of one of the spouses or the place where the spouses last lived together before the case is located in Turkey, the courts in Turkey have jurisdiction and the spouses’ divorce can be decided by applying the common national law. Therefore, divorce of foreigners in Turkey is possible depending on their residence in Turkey.

Child Custody in Foreign National Divorces

One of the consequences of divorce is custody. The judge is given discretionary authority regarding who will be given custody of the child in a divorce. When deciding on the party to whom custody will be given, the judge will make a decision in accordance with the best interests of the child who is under the age of 18 or who is mentally ill, not the reason for the divorce in question. Gender, age and the child’s relationship with both parents are taken into consideration by the judge. When determining the child’s interests, both material and moral issues are taken into account.

In the custody case of foreigners, respectively;

1- Joint national law of the spouses,
2- If the spouses do not have a common national law, common habitual residence law,
3- If there is no common national or habitual residence law, Turkish law will be implemented.

Foreign Divorce Lawyer

Foreign Divorce lawyer Istanbul should work to represent the client in the best possible way and to obtain results in the client’s favor. As an Istanbul Divorce Lawyer, our law firm is always ready to serve citizens in need. For this, you can CONTACT us.

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