Is the Divorce Decision from a Foreign Court Applicable in Turkey?
Yes, a divorce decision taken from any court abroad can be executed in Turkey. Persons divorced in a foreign country are not required to file a separate divorce case in Turkey. Decisions that meet the conditions in the legislation are also valid in Turkey.
What Should Be Done for the Implementation of the Decision of the Foreign Court in Turkey?
In order for the decisions taken by foreign courts to be valid and enforceable in Turkey, recognition and enforcement must be made in Turkish courts.
There are some conditions for the decision taken from foreign courts to be subject to recognition and enforcement in Turkey. These conditions are basically as follows; the decision is taken from a foreign court, is on a private law issue and is finalized. In addition, the decision must be on a subject that does not fall under the exclusive jurisdiction of the Turkish courts, must not be contrary to public order and must not violate the right of defence of the other party.
Is it Possible to Register the Divorce Decision of the Foreign Court directly to the Civil Registry?
Yes, if there is only a divorce decision in the foreign courts decision, besides the possibility of recognition in Turkish courts, it can also be registered directly in the civil registry according to the Civil Reigstry Services Law without recognition.
Decisions that can be registered in accordance with the Civil Registry Services Law; These are the decisions taken by foreign judicial or administrative authorities regarding divorce, annulment of the marriage or the determination of whether the marriage exists or not. For registration, if the parties are together or one of the parties is dead or foreign, the other party who is a Turkish citizen or their proxies must apply. Registration procedures to be made in the civil registry are carried out by foreign representatives in the country where the decision was made abroad, and by the directorate of census determined by the Ministry in the country.
In order for the decision to be registered, it must be given by the competent judicial or administrative authority according to the laws of the state in which it was made and must be duly finalized and must not be clearly contrary to the Turkish public order.
If the divorce decision taken from a foreign court includes decisions such as custody or alimony that can be enforced, then it cannot be registered directly in accordance with the Civil Registry Services Law. For such decisions, it is necessary to obtain an enforcement decision from the authorized and authorized Turkish courts.
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