Recognition of divorce is among the problems that millions of Turkish citizens living abroad experience. People abroad may face the loss of some rights when they cannot follow the legal issues in Turkey. For example, the most important legal problems of citizens living abroad are family law, inheritance law, real estate, and administrative law.
Citizens living abroad may want to follow many procedures. For example, prenuptial agreement, property sharing agreement, divorce, recognition and enforcement of court decisions, the civil registry issues etc. In particular, citizens may need to receive information about the divorce and the court decisions. Divorce cases with an element of alienation are very important from a practical and theoretical point of view.
Recognition of Divorce – What is a Recognition and Execution Case?
Divorce decisions issued by courts abroad are not valid in Turkey. Though, the divorce of the citizens in a foreign country must be valid in Turkey. Still, they must file a recognition and execution case in Turkey. this way, the divorce will be in effect in civil registry and other records.
Recognition and execution proceeding is a lawsuit filed for the implementation of court decisions, that are taken and finalized abroad, in Turkey. A recognition-execution case is the recognition of the decision of divorce abroad by the competent and authorized courts in our country.
If there isn’t a divorce recognition and execution case, the validity of the divorce granted by foreign courts in our country will not be valid. Also, this can cause problems with many things such as remarriage, inheritance, and property sharing. Therefore, to avoid any problems in the future, it is necessary to open a recognition-enforcement case.
People who are divorced in a foreign country will are listed as still married in the Turkish civil registry. This happens if they have not filed a recognition and execution case. However, this will create a problem when they want to remarry. In addition, even if the people living in a foreign country divorce, when there is no recognition, the divorced spouses will be heirs of eachother in Turkey. These problems will be prevented by opening a recognition and execution case for the recognition of a divorce decision, that is made abroad, in Turkey.
How to File a Divorce Recognition and Execution Case?
Citizens living abroad can file a recognition and execution case to the Family Courts in Turkey. For people who complete the divorce procedure in courts abroad, recognition and execution procedures is a must for their divorce to be valid in our country.
To file a recognition and execution case, people living abroad do not have to be personally present in Turkey. One or both of the parties can file a recognition and enforcement case by giving a proxy to a lawyer. On the other hand, with the conduct of the case with the lawyer, the conclusion will take less time.
If both parties of the spouses give proxy to the lawyer, the cases will be over in 1-2 months. If one of the spouses does not grant a proxy to the lawyer, the litigation process will take longer time. Therefore, it is extremely important to give an attorney proxy so that the process does not last long.
What are the Necessary Documents For Divorce Recognition – Execution Proceedings?
Documents required for the recognition and execution case
- The original the divorce decision issued by the court abroad
- A commentary or apostille showing the finalized version of the divorce decision issued in a foreign court
- Translation of the divorce decision issued in foreign courts into Turkish (by an interpreter and with the execution of the translation by a notary or consulates)
- Photocopy of passports and identity cards of people divorced abroad
- Granting the attorney proxy for divorce recognition
