In order for people divorced abroad to be considered divorced in Turkey, the divorce decision must be recognized and enforced in Turkey. Diagnosis and enforcement means making the divorce decision valid in Turkey.
Diagnosis and Enforcement Cases
People who are divorced abroad must file a lawsuit in the family court for the recognition and enforcement of their divorce decisions in Turkey. The case is filed based on the original or certified copy of the decision of the competent court in the country where the divorce decision was made.
Conditions Required in Diagnosis and Enforcement Cases
In diagnosis and enforcement cases, the following conditions must be met:
• The divorce decision must be given by a competent court according to the nationality of the parties or the place where the divorce took place.
• The divorce decision must be in accordance with the will of the parties.
• The divorce decision is not contrary to public order
Duration of Diagnosis and Enforcement Cases
Diagnosis and enforcement cases are filed in the Family Court and concluded within a maximum of one year.
Results of Diagnosis and Enforcement Cases
In the diagnosis and enforcement case, if it is decided that the divorce decision is valid in Turkey, the parties are deemed to be divorced in Turkey. In this case, the parties can also benefit from the provisions such as custody, alimony and compensation given with the divorce decision.
Things to Consider in Diagnosis and Enforcement Cases
In diagnosis and enforcement cases, the following points should be taken into consideration:
• In order for the divorce decision to be recognized and enforced in Turkey, the parties must have a clear will that they want to divorce.
• In order for the divorce decision to be recognized and enforced in Turkey, the divorce decision must not be contrary to public order.
• Diagnosis and enforcement cases are filed in the Family Court.
• Diagnosis and enforcement cases are concluded within a maximum of one year.
Lawyer Service in Diagnosis and Enforcement Cases
Diagnosis and enforcement cases are cases that require legal and technical knowledge. Therefore, it is necessary to obtain legal assistance in recognition and enforcement cases. As Özkök Law Firm, we are at your service with our expert lawyers in this regard.