Turkish citizens who divorced in Germany, the Netherlands or another country often discover some time later that they still appear as married in the Turkish civil registry. For a divorce abroad to take effect in Turkey, the judgment must either be registered in the civil register by administrative means or a recognition or enforcement decision must be obtained from a Turkish court. In this article we explain the conditions of both routes, the documents, the competent court, the 2026 costs, the status of alimony and custody provisions and the consequences of never having the judgment recognised.
Short answer: how is a foreign divorce judgment entered in Turkish records? #
Divorce judgments issued by foreign authorities do not automatically become valid in Turkey. The route to follow depends on whether the spouses can apply together and whether the judgment contains only the divorce itself or other provisions as well:
| Route | What does it achieve? | When is it suitable? | Legal basis |
|---|---|---|---|
| Administrative registration with the civil registry | The divorce is entered in the civil register; no court action is filed | If the spouses can apply together, or the other spouse is a foreign national or has died | Law No. 5490, Art. 27/A and the Regulation |
| Recognition action | The judgment acquires res judicata effect in Turkey and is entered in the civil register | If a joint application is not possible or administrative registration was refused | Law No. 5718 on International Private and Procedural Law (MÖHUK), Art. 58 |
| Enforcement action | Provisions of the judgment such as alimony, compensation or handover of the child become enforceable in Turkey | If compulsory performance in Turkey of an obligation in the foreign judgment is sought | Law No. 5718 (MÖHUK), Arts. 50–57 |
Those living abroad who have not yet divorced also have the option of filing a case in Turkey; for the duration and service-of-process issues involved, see our guide how long does a divorce case take.
The difference between recognition and enforcement #
Recognition means that the foreign judgment is accepted in Turkey as res judicata or conclusive evidence. Recognition is sufficient for the divorce to be entered in the civil register, for the woman’s surname to change or for the spouses to be able to remarry. Any administrative act to be carried out in Turkey on the basis of a foreign judgment is subject to the same procedure (MÖHUK Art. 58/3).
Enforcement, on the other hand, makes the judgment executable. If the foreign judgment orders one of the spouses to pay alimony or compensation, or to hand over the child, and that obligation is to be performed compulsorily in Turkey through an enforcement office, an enforcement decision is required. A foreign judgment for which enforcement has been granted is executed like a judgment of a Turkish court (Art. 57).
One of the most important differences between the two actions is the reciprocity requirement: for enforcement, there must be a reciprocity agreement, a statutory provision or de facto practice between the state that issued the judgment and Turkey; reciprocity is not required for recognition (Art. 54/1-a, Art. 58/1). Therefore, in files where only recognition of the divorce is sought, reciprocity is not an obstacle.
Registration without a court action: Law No. 5490, Art. 27/A #
This route, introduced in 2017, allows those who divorced abroad to correct their records without going to court. Decisions issued by judicial or administrative authorities of a foreign country concerning divorce, the nullity or annulment of a marriage, or a finding as to whether a marriage exists are registered in the civil register under the following conditions:
Five conditions #
- Application: The spouses must apply together, in person or through their attorneys; if one spouse is a foreign national or has died, the Turkish citizen spouse may apply alone. The spouses do not have to be present at the same time, but where they apply separately, the interval between the two applications may not exceed 90 days.
- Competent authority and finality: The decision must have been issued by an authority competent under the laws of the state where it was given and must have become final in due form under that country’s law.
- Public policy: The decision must not be manifestly contrary to Turkish public policy.
- No pending case: If a recognition action concerning the same decision is pending in Turkey or has been dismissed, the application is refused.
Where to apply and how long does it take? #
Where to apply? To the Turkish embassy or consulate general in the country where the decision was issued; in Turkey, to the provincial directorate of civil registration and citizenship at the place of residence of one of the parties. If there is no place of residence in Turkey, the application may be made to one of the provincial directorates listed in the Regulation (Istanbul, Ankara, Izmir, Bursa, Antalya and others). Appointments at diplomatic missions are made via konsolosluk.gov.tr. The law makes no distinction as to the country from which the decision comes, and reciprocity is not required.
The application is examined by a commission; if registration is approved, the record is entered in the family register within 7 days. If documents are missing, 90 days are given to complete them. The commission’s decision has effect only as regards the divorce: the custody, child maintenance, personal contact, matrimonial property regime and compensation provisions of the foreign judgment do not become valid in Turkey through administrative registration; recognition or enforcement must be sought in court for these. If the application is refused, a recognition action may still be filed before the family court.
Conditions of the recognition and enforcement action #
If the administrative route cannot be used, or if the custody and alimony provisions of the judgment are also to be made valid in Turkey, one must go to court. Under MÖHUK Art. 54, the following conditions are examined for the recognition or enforcement of a foreign judgment:
- A final court judgment: The judgment must have become final under the laws of the state where it was issued. A judgment still open to appeal cannot be recognised.
- No breach of exclusive jurisdiction: The judgment must not have been given on a matter within the exclusive jurisdiction of Turkish courts. Divorce cases are not within the exclusive jurisdiction of Turkish courts; Turkish citizens may also divorce in a foreign country (Art. 41).
- No manifest breach of public policy: The fact that the foreign court relied on a ground for divorce different from Turkish law is not in itself an obstacle; the test is whether the outcome is manifestly incompatible with the fundamental values of Turkish law. According to the unifying decision of the Court of Cassation (Yargıtay), the fact that a judgment contains no reasoning does not in itself amount to a breach of public policy; in practice this is important for uncontested divorce judgments with brief reasoning.
- Respect for the right of defence: If the other party was not duly summoned before the foreign court or was not represented, and objects on this ground before the Turkish court, recognition is refused. This condition depends on an objection by the other party.
- Reciprocity: Required only for enforcement; not required for recognition.
Court with subject-matter and territorial jurisdiction #
MÖHUK generally designates the civil court of first instance as competent for recognition and enforcement; however, recognition and enforcement of foreign judgments on family law matters fall within the jurisdiction of the family court (aile mahkemesi) (Law No. 4787, Art. 4). Where there is no family court, the civil court of first instance (asliye hukuk mahkemesi) hears the case acting as a family court.
The court with territorial jurisdiction is that of the place of residence in Turkey of the spouse against whom recognition or enforcement is sought, or failing that, the place where he or she is staying. If the other party has no place of residence or stay in Turkey, the case may be filed before the courts of Ankara, Istanbul or Izmir (Art. 51). Where the former spouse lives abroad, it is therefore possible to file the case in Istanbul, for example before the family courts in Bakırköy or Çağlayan. Anyone with a legal interest may file the case; heirs seeking recognition after the death of one of the spouses also fall within this scope (Art. 52).
For parties whose residence in Türkiye is Istanbul, the case is brought before the family court of the courthouse to which the relevant district belongs; on our Istanbul district pages you can see the courthouse of each district.
Required documents: certificate of finality, apostille and translation #
The documents to be attached to the statement of claim and to the administrative registration application are largely the same. Missing or improperly certified documents are the most common reason for delays:
- Certified original or copy of the judgment: It must be certified by the authority that issued it.
- Annotation or certificate of finality: If the judgment bears no annotation of finality, a separate certified letter showing that it has become final is obtained from the authorities of that country.
- Apostille: In countries party to the Hague Apostille Convention, the judgment and the certificate of finality are certified with an apostille by the competent authority of that country. In countries not party to the Convention, certification by that country’s authorities and by the Turkish diplomatic mission is required.
- Turkish translation: A Turkish translation of the judgment and the certificate of finality made by a sworn translator and certified by a notary or a diplomatic mission.
- Identity documents and power of attorney: A copy of an identity card or passport; if the matter is handled by a lawyer, a power of attorney with a photograph that expressly includes authority for recognition of the divorce judgment. Those living abroad can have the power of attorney drawn up at a Turkish consulate.
The recognition process step by step #
- Check the judgment and its finality: Obtain from that country a document showing that the judgment has actually become final and the date of finality.
- Choose the route: If you can apply together with your former spouse and entering only the divorce is sufficient, consider the consulate or civil registry directorate route; otherwise prepare for a recognition action.
- Complete the documents with apostille and translation: A complete chain of certification prevents the court from granting additional time.
- Prepare the statement of claim: It states the other party’s address, the court and country that issued the judgment, its date and number, and a summary of the ruling; if recognition or enforcement of only part of it is sought, this is specified (Art. 52).
- Service and hearing: The statement of claim is served on the other party together with the hearing date; the case is heard under the simplified procedure (Art. 55). The other party may object only by arguing that the conditions for recognition are not met.
- Finality and notification to the civil registry: Once the decision becomes final, it is notified to the civil registry directorate and the record is corrected.
How long does a recognition action take, and how much does it cost? #
Duration: Because the simplified procedure applies, recognition actions are markedly shorter than divorce cases requiring witnesses and experts. If the other party is in Turkey, or joins the case through an attorney and does not object, the file can often be decided within a few months. If service must be made on the other party abroad, service through that country’s authorities or Turkish diplomatic missions can extend the process by months. An appeal to the regional court (istinaf) may be lodged within 2 weeks of service of the decision, and an appeal on points of law (temyiz) against the regional court of appeal’s decision within 2 weeks as well (Code of Civil Procedure (HMK), Arts. 345, 361); if the parties waive their right of appeal, the decision becomes final earlier. For administrative registration, the commission meets within 15 days at the latest once an agenda has formed; however, appointment availability at diplomatic missions determines the overall duration.
2026 costs:
| Item | 2026 amount / explanation |
|---|---|
| Filing fee | 732 TL |
| Fixed decision and judgment fee | 732 TL (only in cases where recognition of the divorce alone is sought) |
| Advance on costs | For service and file expenses; increases if service abroad is required |
| Apostille and sworn translation | Varies by country, number of pages and the translation office’s fee |
| Attorney fee | Under the 2026 Minimum Attorney Fee Tariff, the lower limit for cases before civil courts of first instance and family courts is 45.000 TL; the fee is set by agreement |
If enforcement of a monetary claim in the foreign judgment is sought, how the court fee will be calculated should be assessed separately before filing. For general divorce costs, see our article divorce case costs and attorney fees.
If the judgment is not recognised: the consequences of appearing married in Turkey #
Even if the divorce abroad has been completed in that country, Turkish official records show the marriage as continuing until registration or recognition takes place. The concrete consequences are as follows:
Concrete consequences #
- Remarriage: A person wishing to marry in Turkey must prove that his or her previous marriage has ended (Turkish Civil Code (TMK) Art. 130); an unrecognised foreign judgment is not accepted as sufficient at the marriage registry office. A new marriage concluded abroad cannot be entered in the civil register either. The fact that one of the spouses was already married at the time of marriage is a ground of absolute nullity under Turkish law (TMK Art. 145/1).
- Inheritance: Divorced spouses cannot be each other’s statutory heirs (TMK Art. 181); however, if the record has not been corrected, the former spouse may appear as an heir in the certificate of inheritance. In that case the other heirs are forced to file a recognition action and have the certificate corrected. For the certificate of inheritance process, see our article renunciation of inheritance and certificate of inheritance.
- Surname and documents: Upon divorce, the woman reverts to the surname she had before marriage (TMK Art. 173); until the record is corrected, the former surname continues to be used in identity card, passport and land registry transactions.
- Other transactions: Transactions such as a family home annotation or those requiring the spouse’s consent may also be processed as though the marriage were still continuing.
The retroactive effect of recognition #
When a recognition decision is given, the effect of the foreign judgment begins from the moment the judgment became final in the foreign country (MÖHUK Art. 59). Thus, even if recognition is obtained later, the divorce is based on the foreign date of finality, and a large part of the problems in transactions carried out in the meantime are resolved. If the recognition request is refused, however, these problems continue; the application should therefore be made before remarrying or before an inheritance process begins.
Recognition and enforcement of alimony and custody provisions #
Foreign divorce judgments often also contain provisions on custody, personal contact and alimony. As administrative registration does not cover these provisions, the court route is followed:
- Custody: Recognition is sufficient for custody to be entered in the civil register and relied upon in official transactions in Turkey (such as passports and school enrolment). If handover of the child or personal contact is to be secured through enforcement, enforcement is required. Since custody concerns public policy, after recognition its modification may be requested before a Turkish court if the best interests of the child so require; see our guide custody case and personal contact.
- Alimony: An enforcement decision is required to collect child maintenance or spousal maintenance ordered in the foreign judgment through enforcement proceedings in Turkey; the reciprocity condition is also examined in enforcement. If the parties’ circumstances change after enforcement, adjustment of the amount may be requested from a Turkish court; for details, see our article action to increase or terminate alimony.
- Partial request: Recognition of only the divorce and custody parts of the judgment and enforcement of its alimony part may be requested in the same action; the court may decide on partial recognition or enforcement of the judgment (Art. 56).
Divorces before a notary or outside court #
Some countries have made it possible to conclude an uncontested divorce before a notary, through an agreement between lawyers, or before administrative authorities such as a municipality instead of a court. The status of such divorces in Turkey cannot be answered in a single sentence and must be assessed carefully:
- Decisions of administrative authorities: Law No. 5490, Art. 27/A expressly covers divorce decisions issued by competent administrative authorities of a foreign country. A divorce decision issued by a public authority competent under that country’s law and which has become final can be registered administratively if the other conditions are met.
- Contract-type divorces before a notary or lawyers: The recognition and enforcement provisions of MÖHUK are built on a “court judgment”. Whether divorces in which there is no decision by an authority and only the parties’ will is recorded can be registered or recognised in court is disputed; in practice there are examples of such applications being refused.
- Divorce by unilateral declaration: Forms of divorce effected by the unilateral declaration of one spouse, which do not recognise the other spouse’s right of defence, may raise additional problems in terms of public policy and the right of defence.
For this reason, spouses living abroad who wish to divorce by agreement would do well to assess whether the outcome can be entered in Turkish records before resorting to an out-of-court route. Where necessary, obtaining a court judgment in that country or filing an uncontested divorce case in Turkey may be a safer route; for the conditions, see our uncontested divorce guide.
Brief summary #
- A divorce judgment obtained abroad is not automatically entered in the Turkish civil register; administrative registration or a court decision is required.
- If the spouses can apply together, or the other spouse is a foreign national or has died, registration without a court action is possible through a consulate or the civil registry directorate (Law No. 5490, Art. 27/A).
- If a joint application is not possible, a recognition action is filed before the family court; reciprocity is not required for recognition but is required for enforcement.
- The judgment must be final, must not be manifestly contrary to public policy, and the right of defence must have been respected; documents must bear an apostille and a certified Turkish translation.
- In 2026, the filing fee and the fixed decision fee in a recognition action are 732 TL each.
- Custody, alimony and compensation provisions do not become valid through administrative registration; recognition or enforcement must be sought for them.
- Recognition in Turkey of out-of-court divorces before a notary or lawyers is disputed; the choice of route should be assessed in advance.
Divorce files involving a foreign judgment require family law and international procedural law to be applied together. For divorce, custody and alimony, see our Istanbul divorce lawyer and family law page; for issues concerning a foreign spouse, residence and citizenship, see our foreigners and citizenship law page.
