Understanding what makes a foreign divorce valid in Turkey
If a couple divorces abroad, Turkey does not automatically recognize that decision. To have the divorce recognized, applicants must meet several legal and procedural conditions under Turkish law. Below, I explain these conditions and the documents you need for divorce recognition in Turkey.
It must be issued by a competent authority, which can be either a judicial or certain administrative body.
In some countries, mutual consent divorces or related matters (such as child support or alimony) may sometimes be finalized by civil registries or local administrative offices rather than a court. Under Turkish law, these foreign administrative decisions also can be recognized in Turkey.
📌 Example: In Germany, child support (alimony) or even a mutual consent divorce may be issued by an administrative office. If such a decision is final according to the foreign law and does not violate Turkish public policy, it can be registered in Turkey through the relevant civil registry office.
Important note: Recognition is limited to the main divorce itself. Secondary matters such as alimony, child custody, or property division may still require separate legal proceedings to be enforced in Turkey.
The most fundamental rule is that the decision must be final
To qualify for recognition, the foreign judgment must be final and binding. This means no appeals remain in the country where the court issued the decision
Applicants must provide a certificate of finalization (also called “certificate of non-appeal”).
Some countries note finalization directly on the divorce decree; others issue a separate document.
⚖️ Without this certificate, Turkish courts will reject the recognition request.
Limited exceptions exist under international treaties, like the Hague and Luxembourg European Conventions. In these cases, courts can sometimes enforce interim decisions (e.g., alimony, custody) without finalization.
The decision must respect Turkish public order
Turkish courts cannot recognize a foreign divorce if it violates public policy (kamu düzeni). Examples:
Divorce granted only to one gender, violating equality principles.
Judgments based on religious law or discriminatory practices.
Excessively high compensation that Turkish law considers “unjust enrichment.”
Also you should know that “public order” is a flexible subject, so there is no strict rule about it.
Res judicata rule
If a Turkish court previously rejected a divorce case for the same couple and the same grounds, Turkish courts would consider this a violation of the principle of res judicata (final judgment).
Who can apply for recognition?
Anyone with a legal interest can file for recognition. You do not have to be a Turkish citizen.
Required documents for filing the case
To start the process, the applicant must submit:
1. The original foreign court judgment, officially certified and apostilled, along with its Turkish translation notarized in Turkey.
2. Certificate of finalization (proof that the judgment is final and enforceable), also with its notarized Turkish translation.
📄 Most foreign documents are validated through an apostille, which confirms their authenticity for use abroad.
Filing a divorce recognition case without the original foreign documents
If the documents cannot be obtained directly, The court may allow you to submit the required documents later through official channels.
However, the process may take longer, and missing documents could cause temporary delays.
Divorce recognition in Turkey depends on both formal requirements (documents, finalization, apostille) and substantive conditions (public order, judicial nature of the decision) Even small procedural errors can cause delays or rejection.
If you need more information or guidance on your case, please contact me and I’ll help you through the process step by step.
Related Articles:
Divorce Recognition vs. Divorce Enforcement in Turkey: What’s the Difference?
Foreign Divorce Recognition in Turkey
