Divorce and Family Law in Türkiye

When one or both spouses are foreign nationals

Foreign nationals can divorce before Turkish courts where those courts have jurisdiction – for example where a spouse lives in Türkiye. The law governing the divorce is set by Article 14 of the Turkish Act on Private International and Procedural Law (MÖHUK): the spouses’ common national law; if their nationalities differ, the law of their common habitual residence; failing that, Turkish law.

Uncontested divorce

Under Article 166(3) of the Turkish Civil Code, a marriage that has lasted at least one year can be dissolved by agreement if both spouses apply together, or one accepts the other’s petition, and the judge – after hearing both spouses in person – approves their agreement on the financial consequences and the children. The core of the work is a clear, enforceable settlement protocol.

Contested divorce

Without agreement, the divorce rests on a statutory ground: adultery (Art. 161), attempt on life or severe or degrading mistreatment (Art. 162), crime or dishonourable conduct (Art. 163), abandonment (Art. 164), mental illness (Art. 165) or the irretrievable breakdown of the marriage (Art. 166). The claims must be proven, and the duration depends on evidence, expert reports and appeals.

Maintenance, custody and property

• Interim maintenance during the proceedings (Art. 169), post-divorce maintenance for a spouse who would otherwise fall into need (Art. 175) and child maintenance (Art. 182)
• Custody decided by the best interests of the child
• Since 2002 the statutory property regime is participation in acquired property (Art. 202); its liquidation can be a separate case

Competent court and proceedings in Alanya

Family courts hear divorce cases. Under Article 168 of the Civil Code, the competent court is that of either spouse’s domicile or of the place where the spouses last lived together for at least six months. Where a spouse lives in Alanya, the case can be brought before the family court in Alanya, where our office is located. In an uncontested divorce both spouses must appear before the judge in person; in other hearings you can usually be represented by your lawyer under a power of attorney.

Recognition of a foreign divorce in Türkiye

A divorce granted abroad does not automatically take effect in the Turkish civil register. For Turkish citizens – including dual nationals – it must be recognised under Articles 50 et seq. of MÖHUK, either by a Turkish family court or, where the conditions are met, administratively through the civil registry or a consulate. Both routes, the documents and the steps are explained in the guide Recognition of a foreign divorce in Türkiye.

Documents

• Passports or identity cards
• Marriage certificate (apostilled and translated if issued abroad)
• Documents concerning children and income
• Title deeds and records of property to be divided
• For foreign judgments: the final judgment with its certificate of finality, an apostille and a sworn Turkish translation

Contact details are on the Contact page. This page is general information and is not legal advice on a specific case.