Decisions made in courts abroad are not automatically valid in Turkey. In order to ensure that foreign court decisions are valid in Turkey, recognition and enforcement cases must be filed in Turkey. Most citizens living abroad experience difficulties such as “My divorce case was filed in Germany, but I seem to be still married in Turkey”, and they may become victims in this regard.
In order for the divorce decision made abroad to be valid in our country, a recognition and enforcement case must be filed. If the decision rendered in the foreign court is not validated by the recognition and enforcement action, the decision will not be processed by the relevant authorized institutions. For this reason, it is very important to qualify the foreign court decision as an official transaction with the recognition and enforcement case. Divorce realized abroad must be recognized in Turkey.
What is Recognition and Enforcement Decision?
Recognition decision is the recognition of a decision made by a court abroad as a final judgment in Turkish courts. Recognition of court decisions taken abroad in Turkish courts is divided into two as final judgment and conclusive evidence. For this reason, thanks to recognition, the decision and the result rendered in a foreign country are accepted as if they were given in Turkish courts.
In order for the recognition case to be opened, there must be a declaration issued by foreign courts. It is obligatory that the subject matter of the lawsuit is finalized in form and materially. The verdict given by the court abroad must have been taken on matters that do not fall under the exclusive jurisdiction of the Turkish courts. Foreign writ must not be contrary to Turkish public order.
Enforcement lawsuit, on the other hand, is the type of lawsuit that ensures the execution of the final decision given by foreign courts in Turkey. Unlike the recognition case, in the enforcement case, the judgment includes an executive judgment. Enforcement action should be filed in order to ensure that the enforceable provision is also valid in our country.
It is not enough to recognize the decision to give custody of children and to rule on alimony after the divorce decision. In this case, the enforcement decision must also be given in order for the decision to be enforced. For this reason, in order for the valid provisions of the foreign court decision to be recognized in Turkey, an enforcement action must be filed.
What Happens if Recognition Enforcement Case is not Filed in Divorce?
If a divorce has taken place abroad, a recognition and enforcement action must be filed in order for this divorce to be considered valid in our country as well. In addition, for the execution of the enforcement proceedings regarding the divorce, the recognition and enforcement action must be realized.
Each country has its own legal provisions. A divorce decision approved by a court located abroad will not be valid in the Republic of Turkey. If the recognition and enforcement action is not filed, the problem of still being married within the borders of the Republic of Turkey will arise.
UDA Legal meticulously carries out civil registration procedures regarding marriage contract, divorce, property sharing contract, recognition and enforcement of court decisions. As UDA Legal, we provide services in the follow-up of all legal proceedings in our country. We share with you the way to be followed in all legal proceedings of citizens living in Europe in Turkey.
