A divorce with a foreign national spouse is handled within the framework of the Turkish Civil Code and International Private Law rules. Although the divorce process follows a similar procedure to general divorce cases, when divorcing a foreign national spouse, additional legal processes are involved. If the divorce case has been finalized in a foreign country, a recognition and enforcement case must be filed in Turkey. For the foreign court’s divorce ruling to be valid in Turkey, this case must be opened. Otherwise, the decision will not produce legal effects in Turkey, and the individuals will still be considered married.
With the increasing use of the internet and social media platforms, the number of marriages between people from different countries has also risen. This development has led to a significant increase in marriages and divorces involving foreign nationals. In such cases, Turkish citizens or those residing in Turkey who wish to divorce their foreign national spouse will need legal assistance to understand the necessary steps. These divorce cases generally proceed in two ways: contested divorce cases and uncontested divorce cases.
A divorce with a foreign national spouse occurs as an uncontested divorce when the spouses agree on the divorce process and the financial outcomes of the divorce. During the uncontested divorce process, the parties reach an agreement on issues such as alimony, compensation, and custody, and they record this agreement in a written protocol. This protocol is then submitted to the court where the divorce case will be heard, and the divorce is finalized with the court’s approval.
The uncontested divorce process offers an advantage in terms of speed and smooth resolution. However, to avoid delays and ensure no legal mistakes are made, it is essential to seek the assistance of an experienced family law attorney. This ensures that the agreement between the parties is legally sound and that the process is completed without any loss of rights.
The court reviews the protocol submitted by the parties and, once it confirms that the agreement is accepted by both sides, issues the divorce decision. An uncontested divorce typically concludes much faster than a contested divorce since there is no dispute over financial matters or custody.
Contested divorce cases arise when there are disagreements between the parties over the divorce itself, financial matters, or issues related to children. Filing a contested divorce case with a foreign national spouse may result in a longer and more challenging process. In such cases, the party seeking the divorce may base their claim on general grounds for divorce, such as the breakdown of the marital union, or they may invoke specific grounds for divorce as stipulated in the Turkish Civil Code.
In contested divorce cases, the parties must provide evidence to support their claims. For instance, specific grounds for divorce such as infidelity, abandonment, or severe incompatibility must be substantiated with concrete evidence. Obtaining legal support during this process is crucial to ensure that the case proceeds effectively and that no rights are lost. To avoid prolonged proceedings, seeking help from an experienced divorce attorney is the most prudent approach.
When filing a contested divorce with a foreign national spouse, the outcome of the case largely depends on the grounds for divorce presented and the evidence supporting those grounds. If the plaintiff cannot prove the breakdown of the marriage or other specific reasons for divorce, the case may be dismissed. Therefore, obtaining legal advice in contested divorce cases is of utmost importance.
In divorce cases involving foreign national spouses, the applicable law is determined by the International Private and Procedural Law No. 5718 (MÖHUK). Article 14 of the MÖHUK outlines a hierarchical system for such cases. Initially, the common national law of the spouses is applied in the divorce proceedings. If the spouses are of different nationalities, the law of their common place of residence is applied. If there is no common place of residence, Turkish law comes into effect.
In divorce cases, the law to be applied according to the spouses’ nationalities is of great importance. Additionally, post-divorce alimony claims and custody issues are also governed by the same legal principles. For example, if Turkish law is applied in a divorce case, matters such as alimony, custody, and property division will also be governed by Turkish law. However, in such cases, requests for interim measures are always subject to Turkish law.
In conclusion, the applicable law in divorce cases depends on the nationality, residence, and specific circumstances of the parties. To navigate this complex structure properly, it is essential to seek the support of an experienced lawyer in divorce cases involving foreign national spouses. This way, the applicable legal rules are correctly determined, and the case proceeds efficiently.
In the case of divorce from a foreign national spouse, certain changes may occur regarding citizenship and residence permit rights. If the foreign national spouse has acquired Turkish citizenship through marriage, they do not lose this citizenship after divorce. However, if the requirements for obtaining citizenship were not met during the marriage, the right to citizenship may be lost upon divorce. For instance, a foreign national must be married to a Turkish citizen for at least three years to obtain Turkish citizenship. Additionally, they must have lived as a family unit throughout the marriage and must not have engaged in activities that threaten national security.
If a foreign national spouse divorces their Turkish citizen spouse, their residence permit and work permit rights may also be revoked. These rights are reviewed by the relevant authorities following the dissolution of the marriage and may be canceled in certain circumstances. If it is determined that the foreign spouse resided in Turkey unlawfully during the marriage, their residence and work permits may be canceled after the divorce.
In conclusion, whether citizenship or residence permit rights acquired through marriage will continue depends on the specific circumstances of the case. Therefore, it is essential to seek legal advice on issues such as citizenship, residence permits, and work permits during the divorce process with a foreign national spouse. With legal consultancy, the most appropriate steps can be taken to either protect or relinquish these rights.
In divorce cases involving foreign national spouses, the court with jurisdiction in Turkey is the Family Court. However, in places where there is no Family Court, the Civil Court of First Instance acts in the capacity of a Family Court. These courts are competent to handle both divorce cases and all related financial matters. Individuals filing for divorce can initiate the case in the court of the spouse’s place of residence or where they have lived together for the past six months.
According to the provisions of the International Private Law, the rules outlined in this law also apply in divorce cases with foreign national spouses. The court takes into account the nationality and place of residence of the parties when reviewing the divorce case. If the case is filed in Turkey, Turkish courts will also determine the applicable legal rules for the divorce process. To ensure the smooth running of the legal procedures in divorce cases involving foreign national spouses, it is important to seek legal support.
Divorce decisions made in a foreign country must be subject to recognition and enforcement cases in Turkey for them to be valid. That is, couples who have divorced in a foreign country may still be considered married in Turkey. Therefore, it is mandatory to file a recognition and enforcement case to make the foreign court’s decision valid in Turkey. These cases are handled in Turkish courts, ensuring that the foreign court decision is enforceable in Turkey.
Recognition and enforcement cases are typically filed to recognize the divorce or to make financial matters such as alimony and custody enforceable in Turkey. Working with the right legal representative during this process prevents time losses and legal problems. For recognition and enforcement cases to succeed, the foreign court decision must meet the legal requirements of Turkey.
