Divorce in Turkey for Foreigners: Jurisdiction, Applicable Law and Procedure

Foreign nationals living in Türkiye, and mixed couples where one spouse is Turkish, can divorce before the Turkish family courts. The procedure is the same as for Turkish citizens, but two preliminary questions must be answered first: do Turkish courts have jurisdiction, and which country’s law will they apply?

Jurisdiction of Turkish courts

Turkish courts may hear a divorce if one of the spouses is a Turkish citizen, or — for foreign couples — on the basis of the spouses’ domicile or habitual residence in Türkiye. Turkish citizens living abroad may also file in Türkiye, at the court of their last domicile in Türkiye or in Ankara, İstanbul or İzmir.

Which law applies?

Under Article 14 of the Turkish Code on Private International and Procedural Law, divorce is governed by the spouses’ common national law; if they have none, by the law of their common domicile; failing that, by the law of their common habitual residence; and otherwise by Turkish law. A Turkish court therefore may apply, say, German law to a divorce between two German nationals living in Antalya — which affects the grounds and the consequences.

Uncontested divorce

If the marriage has lasted at least one year, the spouses may file jointly or one may file with the other’s acceptance. They submit a protocol settling custody, contact, child support, alimony and property. Both spouses must attend the hearing in person; the judge hears them and, if satisfied that the will is free and the protocol fair, grants the divorce. With a sworn interpreter, foreign spouses can complete this in a single hearing.

Contested divorce

Where spouses disagree, the claimant must prove a ground: irretrievable breakdown, adultery, abandonment, attempt on life or serious mistreatment, among others. Contested cases take considerably longer and involve evidence such as messages, witness statements and expert reports.

Children: custody and international moves

Custody is decided in the best interests of the child, often with social worker and psychologist reports. Where one parent wishes to move abroad with the child, the court weighs the impact on the other parent’s contact. Türkiye is a party to the Hague Convention on International Child Abduction, so wrongful removal or retention can be challenged through the central authorities.

Property and alimony

Matrimonial property is governed by the law chosen by the spouses or, failing a choice, by their common national law at the time of marriage, then their common domicile. Real estate in Türkiye remains subject to Turkish rules on registration. Alimony and child support are assessed under the law applicable to maintenance, generally the law of the recipient’s habitual residence.

Will the divorce be recognised abroad?

A Turkish divorce judgment, once final, must usually be recognised in the spouse’s home country — within the EU under the applicable rules, elsewhere through local procedures. We provide final judgments with finality annotations and apostilles for this purpose.

For a divorce obtained abroad that needs to be recognised in Türkiye, see recognition of foreign judgments.