Although it is a very nice situation for people from different nationalities to unite their marriages, unfortunately, not every marriage may have a happy ending. The divorce process in marriages with foreign spouses can be a complex and sensitive issue. In this article, I aim to provide detailed information on this subject and what you should pay attention to during the divorce process with a foreign spouse.
Which Court Has Jurisdiction?
In cases of divorce with a foreign spouse, the competent court is determined according to the place where the spouses have resided together in the last six months. If one of the spouses is a Turkish citizen and resides in Turkey, Turkish courts are authorized to hear the divorce case.
Types of Divorce
Divorce with a foreign spouse can take place in two ways, consensual or contested, just like divorces between Turkish citizens.
Consensual Divorce: If the spouses can agree on the divorce and the financial and material consequences of the divorce (custody, alimony, property division, etc.), they can file for consensual divorce. Such cases are concluded faster and easier.
Contested Divorce: If an agreement cannot be reached between the spouses, a contested divorce case is filed. In these cases, the court decides by evaluating the evidence presented by the parties and witness statements.
Required documents
The documents required to file for divorce with a foreign spouse are:
Marriage certificate
Identity Cards
Case Petition
Reasoned Petition (In contested divorce cases)
Address Document
Duly Power of Attorney (If a divorce case is filed with a lawyer)
Absence of Foreign Spouse
If the foreign spouse is not in Turkey, a court decision is required to notify him/her. After notification, the foreign spouse may not be involved in the litigation process. In this case, a case of missing zihar can be filed.
International Talent Rules
In divorce cases with a foreign spouse, international talent rules should also be taken into account. These rules determine which country’s court has jurisdiction to hear a divorce case.
Alimony and Property Sharing
Alimony and property division are also important issues in divorce cases with a foreign spouse. The amount of alimony is determined according to factors such as the income status of the spouses, the duration of the marriage and whether there are common children. Property sharing is done in accordance with the property regime provisions of the Turkish Civil Code.
Lawyer Support is Important
Divorce cases with a foreign spouse involve complex and legally sensitive issues. Therefore, it is important to get support from a lawyer in such cases. The lawyer will help you protect your rights and ensure that the case is concluded quickly and fairly.