Divorce & Family Law in Antalya, Turkey

Can Foreign Nationals Get Divorced in Turkey?

Potentially, yes. Foreign nationality by itself does not prevent divorce proceedings from being brought before Turkish courts. However, Turkish international jurisdiction, domestic venue rules and the applicable conflict-of-laws provisions must first be assessed.

Relevant situations can include a foreign spouse married to a Turkish citizen, two foreign nationals living in Turkey, spouses who married abroad or spouses currently living in different countries.

Does a Marriage Celebrated Abroad Have to Be Divorced Abroad?

No automatic rule requires a marriage celebrated abroad to be dissolved only in the country where the marriage took place. The competent forum and applicable law should instead be determined using the relevant jurisdiction and conflict-of-laws rules.

What If One Spouse Lives Outside Turkey?

Residence abroad does not automatically prevent participation in Turkish divorce proceedings. Depending on the type of proceeding and procedural requirements, representation may be possible through a properly issued power of attorney.

Service of judicial documents abroad, document authentication, apostille requirements, translations and personal-attendance requirements should be considered before the proceedings begin.

Does an Agreement Automatically End the Marriage?

No. A private agreement signed by the spouses does not, by itself, dissolve the marriage.

Under Article 166, the judge must personally hear the spouses, determine that their intention to divorce has been expressed freely and find the agreed arrangements concerning the financial consequences of the divorce and the children appropriate.

The judge may propose changes considered necessary in relation to the parties' and children's interests. The divorce can proceed on this basis if those changes are accepted.

Uncontested Divorce Agreement

Depending on the circumstances, an agreement may address:

• Termination of the marriage
• Child custody
• Personal contact with children
• Child support
• Spousal maintenance
• Compensation
• Property-related arrangements
• Household and personal property issues
• Other agreed financial consequences

International spouses should not assume that a divorce agreement prepared under another country's law will automatically have the same legal effect before a Turkish court.

Grounds for Divorce Under the Turkish Civil Code

The Turkish Civil Code contains specific and general grounds for divorce. Depending on the circumstances, these may include:

• Adultery
• Attempt on life
• Severe ill-treatment or seriously degrading conduct
• Commission of a crime or dishonourable lifestyle under the statutory conditions
• Abandonment
• Mental illness under the statutory conditions
• Irretrievable breakdown of the marital union

The legal elements, evidence and any applicable statutory time limits differ according to the ground relied upon. The appropriate ground should therefore be determined from the facts rather than selected solely from a general list.

International Custody and Relocation

A custody dispute can become significantly more complex when one parent lives abroad or intends to relocate internationally with the child.

A parent should not assume that existing custody arrangements automatically permit permanent relocation to another country. Turkish law, the applicable foreign law and relevant international conventions may need to be considered.

Temporary Maintenance

Temporary financial measures may become relevant while divorce proceedings are pending. In an international case, Article 14 of Law No. 5718 expressly provides that requests for temporary measures are governed by Turkish law.

Child Support

Financial support for a child is assessed separately from spousal maintenance. The child's needs and the parents' circumstances may be relevant to the amount and structure of the claim under the applicable legal framework.

Post-Divorce Spousal Maintenance

A spouse may be entitled to claim post-divorce maintenance where the statutory conditions under the applicable law are met. In international divorce cases, the applicable law must first be determined before assuming that Turkish substantive rules govern the claim.

Pecuniary and Non-Pecuniary Compensation

Under Turkish law, compensation claims arising from divorce depend on statutory conditions including the parties' circumstances, relative fault and the nature of the interests affected.

No specific compensation amount can responsibly be predicted without reviewing the facts, evidence and financial circumstances.

Property Located in Turkey

For real estate located in Antalya or elsewhere in Turkey, the title-deed records, acquisition history, payment documents, mortgages, annotations and the applicable matrimonial property rules should be reviewed.

Property Located Abroad

Where assets are located outside Turkey, a Turkish divorce judgment does not automatically determine how every foreign asset will be treated or enforced in another jurisdiction. Separate conflict-of-laws and enforcement questions may arise.

Administrative Registration of a Foreign Divorce

Under Article 27/A of the Civil Registration Services Law and the relevant regulation, qualifying decisions issued by foreign judicial or administrative authorities may be entered into the Turkish civil registry through an administrative procedure if the statutory conditions are satisfied.

The required documents and application route depend on the circumstances, the country in which the decision was issued and the status of the parties.

When May Court Recognition or Enforcement Still Be Required?

Judicial recognition or enforcement may still be relevant where the administrative-registration conditions are not met, where a different type of foreign judgment is involved or where an enforceable obligation must be given effect in Turkey.

Recognition and enforcement are legally distinct concepts. The appropriate procedure depends on the content of the foreign judgment and the legal effect sought.