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DIVORCING OF FOREIGN NATIONALS IN TURKEY
It is possible for foreign nationals to get divorced in Turkey. The law applicable to divorces of foreign nationals and separations that do not end a marriage but end a joint life for a certain period of time is regulated in Article 14 of the Law on International Private and Procedural Law.
Divorce and separation
ARTICLE 14 – (1) The reasons and provisions for divorce and separation are subject to the joint national law of the spouses. If the parties have different citizenships, the law of joint habitual residence shall apply, otherwise, Turkish law shall apply.
(2) The provision of the first paragraph shall apply to requests for alimony between divorced spouses. This provision shall also apply in the event of separation and nullity of marriage.
(3) Custody and custody-related issues in divorce shall also be subject to the provision of the first paragraph.
(4) Turkish law shall apply to requests for temporary measures.
According to Article 14 of the MÖHUK, in divorce cases of foreign nationals who want to divorce in Turkey, if the parties have the citizenship of the same country, the common national law of the parties shall apply. If the parties have the citizenship of different countries, the law of joint habitual residence shall apply, and if there is no law of joint habitual residence, Turkish law shall apply.
Requests for alimony are also subject to the law applicable to divorce and separation.
According to Article 14/f.4 of the MÖHUK, Turkish law shall apply to requests for temporary measures in divorce cases.
As with all conflict of laws rules, the foreign law rules applied should not be contrary to Turkish public order. For example; although it is regulated that the provision of the first paragraph will also be applied to issues related to custody and alimony, which are the results of divorce and separation, the Court of Cassation considers the provisions regarding joint custody in foreign laws to be contrary to Turkish public order.
Competent and Competent Court
The competent court is the Family Court. In places where there is no Family Court, the Civil Court of First Instance will hear this case as the Family Court.
International jurisdiction
ARTICLE 40 – (1) The international jurisdiction of Turkish courts is determined by the jurisdiction rules of domestic law in terms of location.
In our domestic law, the competent court in divorce cases is regulated in Article 168 of the Turkish Civil Code. 1. Jurisdiction
ARTICLE 168- The competent court in divorce or separation cases is the court of the place of residence of one of the spouses or the place where they last lived together for six months before the case.
St. Rumeysa Özge Uzkan
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