Jurisdiction and Applicable Law in International Divorce Cases in Turkey

International divorce cases often involve more than one country, nationality or legal system. The spouses may hold different citizenships, live in separate countries, have children habitually resident abroad or own property in multiple jurisdictions. These connections raise two fundamental questions:

1. Do the Turkish courts have jurisdiction to hear the divorce?
2. If a Turkish court hears the case, which country’s law will it apply?

These questions must be examined separately. The fact that a Turkish court has jurisdiction does not necessarily mean that Turkish substantive law will govern every issue. Equally, the possible application of Turkish law does not by itself establish the jurisdiction of the Turkish courts.

For this reason, jurisdiction and applicable law should be assessed before an international divorce in Turkey is commenced.

Short Answer

Turkish courts generally determine their international jurisdiction by referring to Turkey’s domestic territorial jurisdiction rules. In divorce cases, the residence of either spouse and the place where the spouses last lived together may therefore be relevant. Special jurisdictional rules may also apply to Turkish citizens living abroad.

Once jurisdiction is established, the law applicable to divorce and separation is generally determined under Article 14 of Turkish International Private and Procedural Law No. 5718:

• The spouses’ common national law applies first.
• If they have different nationalities, the law of their common habitual residence applies.
• If they have neither a common nationality nor a common habitual residence, Turkish law applies.

This sequence concerns the grounds and legal consequences of divorce and separation. Matters such as marital property, child support, parental responsibility, assets located abroad and recognition of judgments may require separate conflict-of-law analysis or the application of international conventions.

What Is the Difference Between Jurisdiction and Applicable Law?

Jurisdiction identifies the country and court that may hear a dispute. Applicable law identifies the substantive legal rules that the court will use when deciding the dispute.

For example, a Turkish family court may have jurisdiction because one spouse is domiciled in Ankara. However, if both spouses are French nationals, French law may govern the grounds and consequences of their divorce under the common-national-law rule.

This distinction is one of the most important aspects of cross-border family law.

When Do Turkish Courts Have Jurisdiction Over an International Divorce?

Under Article 40 of Law No. 5718, the international jurisdiction of Turkish courts is generally determined by the domestic rules on territorial jurisdiction.

In divorce and separation proceedings, Article 168 of the Turkish Civil Code provides that the competent court is generally the court of:

• The domicile of either spouse; or
• The place where the spouses last lived together for at least six months before the case was filed.

These connecting factors may establish both a territorial connection with a particular Turkish court and, through Article 40, the international jurisdiction of the Turkish courts.

However, the facts must be reviewed carefully. Domicile, residence and habitual residence are related but legally distinct concepts. A temporary visit, ownership of property or the existence of a Turkish bank account does not necessarily establish domicile or habitual residence.

Which Court Hears an International Divorce in Turkey?

Divorce cases are generally heard by the family court with territorial jurisdiction.

Where a separate family court has not been established, a designated civil court of first instance may hear the case in its capacity as a family court.

A claimant should not assume that a divorce petition can be filed before any family court in Turkey. Filing before a court that lacks territorial or international jurisdiction can lead to objections, procedural delay and additional expense.

The correct court should therefore be identified before the petition and supporting documents are prepared.

Does Marriage in Turkey Give Turkish Courts Jurisdiction?

Not by itself.

A marriage having been celebrated or registered in Turkey does not automatically mean that the divorce must also take place in Turkey. The place of marriage may be relevant to the documents and registration history, but jurisdiction over the divorce must be established under the applicable jurisdiction rules.

Similarly, marrying abroad does not automatically prevent a Turkish court from hearing the divorce. A marriage certificate issued abroad may be used in Turkish proceedings when it is submitted in the legally required form, which may include an apostille or another form of legalisation and a sworn Turkish translation.

Does Owning Property in Turkey Establish Divorce Jurisdiction?

The ownership of a house, bank account, company interest or other asset in Turkey does not necessarily establish jurisdiction over the divorce itself.

Divorce, marital property and rights in immovable property are legally distinct matters. A Turkish court may have jurisdiction over a dispute involving property situated in Turkey even where another country’s court hears the divorce. Conversely, Turkish divorce jurisdiction does not mean that a Turkish judgment can automatically be enforced against property situated abroad.

The court competent for the divorce and the courts competent for related property claims should be considered separately.

Can Two Foreign Nationals Divorce in Turkey?

Two foreign nationals may be able to divorce in Turkey if the Turkish courts have a sufficient jurisdictional basis under Turkish law.

For example, jurisdiction may exist where one of the spouses is domiciled in Turkey or where the spouses’ last qualifying shared residence was in Turkey. However, the mere fact that the marriage took place in Turkey, that the parties occasionally visit Turkey or that one spouse owns property in Turkey may not be sufficient by itself.

Even if the Turkish courts have jurisdiction, the divorce may still be governed by the spouses’ common foreign national law.

Can a Turkish Citizen Living Abroad File for Divorce in Turkey?

Law No. 5718 contains a special provision for personal-status cases involving Turkish citizens.

Under Article 41, where a personal-status case concerning a Turkish citizen has not been or cannot be filed before a foreign court, the case may be heard by the court that has territorial jurisdiction in Turkey. If no such court can be identified, the statute provides a sequence of alternative connecting points and, ultimately, the possibility of filing before one of the courts in Ankara, Istanbul or Izmir.

This provision should not be interpreted as giving every Turkish citizen living abroad an unrestricted right to select any court in Turkey. The existence of proceedings abroad, the spouses’ domicile and residence, their last domicile in Turkey and the conditions of Article 41 must be examined.

Any foreign proceedings already pending should be disclosed before a Turkish case is commenced.

Does a Power of Attorney Establish Jurisdiction?

No. A power of attorney authorises a lawyer to act on behalf of a client; it does not create jurisdiction for the Turkish courts.

A person living abroad may authorise a Turkish lawyer to file petitions, submit evidence and undertake permitted procedural acts. However, jurisdiction must still be established independently.

The formal requirements and limits of representation are explained in our guide to obtaining a power of attorney for divorce in Turkey.

Which Law Applies to Divorce in Turkey?

Article 14 of Law No. 5718 establishes a three-stage rule for determining the law applicable to the grounds and consequences of divorce and separation.

1. Common National Law

If both spouses have the same nationality, their common national law generally governs the divorce.

For example, if two French citizens are properly before a Turkish court, French law may govern the grounds and consequences of divorce even if the proceedings take place in Turkey.

The Turkish court would still apply Turkish procedural law. However, the substantive divorce rules may be those of France.

2. Common Habitual Residence

If the spouses have different nationalities, the law of their common habitual residence generally applies.

Habitual residence is not determined solely by formal registration or temporary physical presence. It generally concerns the place where a person’s life is centred with sufficient factual stability.

The court may consider matters such as:

• The duration and continuity of residence,
• The family home,
• Employment and business activities,
• The children’s residence and education,
• Social and family connections,
• The circumstances and purpose of the stay.

A person may be formally registered in one country while being habitually resident in another. The assessment is therefore fact-sensitive.

3. Turkish Law

If the spouses have neither a common nationality nor a common habitual residence, Turkish law generally governs the grounds and consequences of the divorce.

For example, Turkish law may apply where the spouses have different nationalities and have established separate habitual residences in different countries, provided that the Turkish court has jurisdiction to hear the case.

At What Date Are Nationality and Habitual Residence Assessed?

Under the general connecting-factor rule in Law No. 5718, nationality, domicile and habitual residence are normally assessed by reference to the date on which the proceedings are commenced, unless a particular provision requires otherwise.

This can be important where:

• A spouse has changed nationality,
• A spouse holds more than one nationality,
• The spouses recently moved to different countries,
• One spouse relocated shortly before the divorce,
• The family’s habitual residence is disputed.

The relevant date and the legal effect of any change should be examined for each claim separately.

What Happens if a Spouse Has More Than One Nationality?

Multiple nationality requires a separate analysis under Law No. 5718.

Where a person holds Turkish citizenship together with another nationality, Turkish law is generally taken into account for determining that person’s national law under the statutory rules.

Where a person holds more than one foreign nationality but is not a Turkish citizen, the law of the country with which that person has the closest connection may become relevant.

As a result, simply identifying all passports held by the spouses may not be sufficient. The legal treatment of multiple nationality can affect whether the spouses are regarded as having a common national law.

Can the Spouses Choose Turkish Law for Their Divorce?

The spouses should not assume that they can freely select the law applicable to the divorce.

Article 14 establishes objective connecting factors based on common nationality and common habitual residence. A clause stating that “Turkish law shall apply to any divorce” will not necessarily override these statutory conflict-of-law rules.

Choice-of-law possibilities may be different for other matters, including aspects of the matrimonial property regime. A marital agreement should therefore not be assumed to determine the law applicable to every consequence of divorce.

Can the Spouses Choose a Turkish Court?

An agreement between the spouses does not automatically give jurisdiction to a Turkish family court.

Party agreements concerning jurisdiction are generally associated with disputes over rights that the parties may freely dispose of. Divorce concerns personal status and is subject to mandatory jurisdictional and procedural rules.

Even where both spouses agree to divorce in Turkey, the court must independently determine whether it has international, territorial and subject-matter jurisdiction.

Does a Turkish Court Always Apply Turkish Procedural Law?

As a general principle, proceedings before Turkish courts are conducted under Turkish procedural law.

This includes matters such as:

• Filing and service requirements,
• Procedural deadlines,
• Submission of evidence,
• Hearings,
• Court fees,
• Appeals,
• Representation by a lawyer,
• Translation and certification of foreign documents.

The application of foreign substantive law does not transform the Turkish proceeding into a foreign procedure. The Turkish court remains responsible for managing the case under Turkish procedural rules.

How Does a Turkish Court Determine Foreign Law?

A Turkish court must determine and apply the relevant foreign law where Turkish conflict-of-law rules designate that law.

The court is expected to investigate the content of foreign law on its own initiative. The parties may also assist by submitting:

• The relevant legislation,
• Official legal materials,
• Court decisions,
• Legal opinions,
• Certified translations,
• Information obtained through judicial or institutional channels.

A translation of a foreign statute may not always be sufficient. The court may also need to understand how the relevant provisions are interpreted and applied in that legal system.

If the content of the foreign law cannot be established despite reasonable investigation, Turkish law may ultimately be applied under Law No. 5718. However, this should not be treated as an automatic shortcut around the foreign-law analysis.

Can Foreign Law Be Rejected for Public Policy Reasons?

The application of a foreign law may be restricted where the result would be manifestly contrary to Turkish public policy.

This exception is interpreted by reference to the result produced in the individual case. The fact that a foreign rule differs from Turkish law is not, by itself, sufficient to exclude it.

Where the application of foreign law would produce a result manifestly incompatible with fundamental principles of the Turkish legal order, the relevant foreign rule may not be applied. Turkish law may be applied where necessary.

Public policy is an exceptional safeguard rather than a general method of preferring Turkish law.

Which Law Applies to Interim Measures?

Article 14 of Law No. 5718 provides for the application of Turkish law to temporary measures.

Accordingly, a Turkish court may consider requests for provisional arrangements under Turkish law while the proceedings are pending. Depending on the case, these may concern:

• Temporary maintenance,
• Temporary use of the family home,
• Temporary care arrangements for children,
• Protective measures,
• Preservation of property or evidence.

The availability and scope of a particular measure depend on the facts, the relief requested and the court’s jurisdiction.

Which Law Applies to Spousal Maintenance?

Claims for maintenance between divorced spouses are addressed within the statutory framework of Article 14. The spouses’ common national law, common habitual residence or Turkish law may therefore become relevant according to the statutory sequence.

However, not every financial claim is governed by the same rule. Temporary maintenance, child support, compensation and enforcement against assets may require different analysis.

The law governing the substance of maintenance must also be distinguished from the law governing recognition and enforcement in the country where the debtor’s income or assets are located.

Which Law Applies to Child Custody and Parental Responsibility?

Law No. 5718 contains a rule linking custody issues arising from divorce to the applicable-law framework for divorce. However, international child matters may also be governed by international conventions that take priority over domestic conflict-of-law rules.

Turkey is a contracting party to the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. The Convention has been in force for Turkey since 1 February 2017. The child’s habitual residence is particularly important under this framework. Turkey’s status is recorded by the HCCH.

International custody questions should therefore not be resolved solely by applying the spouses’ nationality. The following matters may need to be considered:

• The child’s habitual residence,
• Existing custody or protection orders,
• Whether the relevant countries are parties to an applicable convention,
• The child’s current location,
• Any previous wrongful removal or retention,
• The jurisdiction of the authorities where the child habitually resides,
• Recognition and enforcement of foreign measures.

International child abduction proceedings under the 1980 Hague Convention are also legally distinct from proceedings that determine final custody.

Which Law Applies to Child Support?

Child support should not automatically be treated as identical to maintenance between former spouses.

The applicable law and international jurisdiction may depend on separate provisions of Turkish private international law and any international convention binding between the relevant countries. The child’s habitual residence and the location where enforcement will be sought may be especially important.

A Turkish child-support decision may require recognition or enforcement before it can be executed against a parent’s salary, bank account or property located abroad.

Which Law Applies to the Division of Marital Property?

The division of marital property is legally distinct from the divorce itself.

Article 15 of Law No. 5718 contains separate rules for matrimonial property regimes. Depending on the circumstances, relevant factors may include:

• A valid choice of law made by the spouses,
• The spouses’ nationalities at the time of marriage,
• Their common habitual residence at the time of marriage,
• The location of immovable property,
• The date and source of acquisition of each asset,
• Changes in nationality or residence during the marriage.

Immovable property may also be affected by mandatory rules of the country where the property is situated.

Consequently, the law governing the divorce should not be assumed to govern the division of every asset. Separate proceedings may also be required in Turkey.

What Happens if Assets Are Located in Different Countries?

A Turkish judgment does not automatically transfer, seize or divide assets located in another country.

Where the spouses have property in multiple jurisdictions, it may be necessary to examine:

• The matrimonial property law,
• The law of the country where each asset is located,
• The international jurisdiction of the relevant courts,
• Recognition of the Turkish judgment,
• Foreign enforcement procedures,
• Disclosure and valuation of assets,
• Company and trust structures,
• Local registration and tax consequences.

Proceedings in more than one country may sometimes be necessary. However, separate cases should be coordinated to reduce inconsistent decisions and unnecessary costs.

What Happens if Divorce Cases Are Filed in Two Countries?

Parallel divorce proceedings may occur where each spouse files in a different country.

The existence of a foreign case does not lead to the same automatic consequence in every Turkish proceeding. The Turkish court may need to examine:

• When and where each case was filed,
• Whether each court has jurisdiction,
• Whether the foreign judgment is likely to be recognised in Turkey,
• Whether proper service was completed,
• Whether the right of defence was respected,
• Whether custody or maintenance orders conflict,
• Whether one proceeding has already resulted in a final judgment.

The first case filed is not necessarily the case that will produce legal effects in every country. Before commencing a second proceeding, the consequences of parallel litigation and the recognition of the resulting judgment should be examined.

Why Is International Service Important?

A Turkish court must ensure that a spouse living abroad is properly informed of the proceedings and given a meaningful opportunity to respond.

Service may be completed through:

• An applicable international convention,
• A bilateral agreement,
• Diplomatic or consular channels,
• Procedures available under Turkish law.

The correct route depends on the destination country and the applicable legal framework. An incorrect address, incomplete translation or defective service may delay the proceedings and may later affect recognition of the judgment.

International service can therefore become one of the most time-consuming stages of an international divorce.

Must Foreign Documents Be Translated?

Documents submitted to a Turkish court generally need to be available in Turkish.

Foreign public documents may also require an apostille or another legalisation procedure, depending on the issuing country, the nature of the document and applicable international agreements.

Commonly required foreign documents may include:

• Marriage certificates,
• Birth certificates,
• Civil registry records,
• Passport and nationality records,
• Residence documents,
• Foreign court decisions,
• Documents confirming that a judgment is final,
• Custody and maintenance orders,
• Property and company records.

Further information is available in our guide to the documents required for divorce in Turkey for foreigners.

Recognition of a Foreign Divorce in Turkey

A person who has already obtained a divorce abroad may not need to file a new divorce case in Turkey.

Instead, the foreign judgment may need to be:

• Registered through the available administrative procedure; or
• Recognised by a Turkish court.

Judicial enforcement may additionally be required where the foreign judgment contains obligations concerning maintenance, compensation, custody or property that must be executed in Turkey.

Recognition and enforcement are different from filing a new divorce case. Detailed information is available in our guide to the recognition and enforcement of foreign judgments in Turkey.

Practical Examples

The following simplified examples illustrate why jurisdiction and applicable law must be separated. The result may change when additional facts or international conventions are considered.

Two French Spouses Living in Ankara

If the Turkish court has jurisdiction based on residence or domicile, the divorce may nevertheless be governed by French law because the spouses have a common French nationality.

A Turkish Spouse and a British Spouse Habitually Living in Turkey

The spouses do not have a common nationality. If they share a common habitual residence in Turkey, Turkish law may govern the divorce.

Spouses With Different Nationalities Living in Different Countries

If the spouses have neither a common nationality nor a common habitual residence, Turkish law may govern the divorce, provided that the Turkish courts have jurisdiction.

Two Foreign Spouses Who Married in Turkey but Live Abroad

The fact that the marriage ceremony took place in Turkey does not independently establish Turkish jurisdiction. Their domicile, habitual residence and other jurisdictional connecting factors must be examined.

Information Required for an Initial Jurisdiction Assessment

Before commencing proceedings, the following information should generally be reviewed:

• Each spouse’s current nationality,
• Any previous or additional nationalities,
• Current domicile and residence,
• Habitual residence,
• The spouses’ last shared residence,
• How long they lived together at that location,
• Where and when the marriage took place,
• Where the children habitually reside,
• The location of marital assets,
• Any marital or property agreement,
• Existing custody or maintenance orders,
• Pending proceedings in another country,
• Any foreign divorce judgment already issued,
• The intended legal effects of the Turkish proceedings.

Jurisdiction should be assessed before a power of attorney is issued, a petition is filed or an uncontested divorce agreement is finalised.

Frequently Asked Questions

Does filing for divorce in Turkey mean Turkish law will apply?

No. A Turkish court may have jurisdiction while being required to apply foreign substantive law under Turkish conflict-of-law rules.

Can foreign law be applied by a Turkish family court?

Yes. Where Law No. 5718 designates a foreign law, the Turkish court may apply that law while conducting the proceedings under Turkish procedural rules.

Can the spouses agree that Turkish law will apply?

Not necessarily. The law applicable to divorce is generally determined by statutory connecting factors. An agreement between the spouses does not automatically override these rules.

Can two foreigners divorce in Turkey?

They may be able to do so if the Turkish courts have international and territorial jurisdiction. The place of marriage alone is not sufficient.

Does Turkish citizenship always establish jurisdiction?

Turkish citizenship is relevant and special rules may apply to Turkish citizens living abroad. However, the conditions of the applicable jurisdiction provisions and any foreign proceedings must still be examined.

Is habitual residence the same as registered residence?

Not always. Habitual residence is generally determined from the factual centre and stability of a person’s life rather than only formal registration.

Does owning a house in Turkey allow a person to file for divorce in Turkey?

Not necessarily. Property ownership and divorce jurisdiction are separate matters.

Can a power of attorney give Turkish courts jurisdiction?

No. A power of attorney authorises representation but does not create jurisdiction.

Which law governs marital property?

Matrimonial property is governed by separate conflict-of-law rules. The law governing the divorce does not necessarily govern the division of every asset.

Which law governs child custody?

Turkish private international law and applicable international conventions must be considered. The child’s habitual residence may be particularly important.

What happens if a divorce case is already pending abroad?

The foreign case should not be ignored. Its jurisdiction, stage, service history and likely recognition in Turkey should be assessed before another proceeding is commenced.

Is a foreign divorce automatically effective in Turkey?

Not in every case. Administrative registration or judicial recognition may be required before the divorce produces the intended effects in Turkish civil records.

Conclusion

Jurisdiction and applicable law are separate questions in every international divorce case.

The Turkish courts’ jurisdiction is generally determined through domestic territorial jurisdiction rules, together with special provisions applicable to Turkish citizens and other cross-border circumstances. Once jurisdiction is established, the law governing divorce is identified primarily through the spouses’ common nationality, common habitual residence and, where neither exists, Turkish law.

The analysis should not end with the divorce itself. Child custody, child support, spousal maintenance, matrimonial property, assets abroad, international service and recognition of judgments may each require separate consideration.

Aslan & Duran Law Firm provides information and legal assistance in English concerning international divorce and cross-border family law matters in Turkey. An overview of the related practice area is available on our Turkish divorce lawyer page.

Last reviewed: September 2026.

This article provides general information about Turkish private international law and family law. It does not constitute legal advice. Jurisdiction, applicable law and procedural requirements depend on the nationalities, residence history, family circumstances and international connections of the individual case.