Divorce proceedings involving different nationalities, countries or legal systems require careful consideration of jurisdiction, applicable law and international procedure. Aslan & Duran Law Firm advises foreign nationals, expatriates, Turkish citizens living abroad and international families on divorce and related family law matters in Turkey.
Our English-speaking lawyers assist clients with contested and uncontested divorce proceedings, child custody and visitation, alimony, division of marital property, protective measures and the recognition and enforcement of foreign divorce decisions in Turkey. Each case is assessed according to the parties’ nationality, residence, place of marriage and individual circumstances.
Based in Ankara, our firm represents and advises clients in family law matters throughout Turkey. Where legally possible, certain procedures may be managed through a power of attorney; however, the need for personal attendance depends on the nature and circumstances of the proceedings.
Divorce and Family Law Services in Turkey
Our Turkish divorce lawyers advise and represent foreign nationals, expatriates, Turkish citizens living abroad and international families in divorce and related family law matters. Our services cover both court proceedings and the legal consequences of divorce, including child custody, financial claims and the recognition of foreign judgments.
For a more detailed explanation of when Turkish courts may hear a cross-border divorce and how the governing law is identified, see our guide to jurisdiction and applicable law in international divorce cases in Turkey.
Who We Assist
Divorce and family law cases may become more complex when the spouses live in different countries, hold different nationalities or have assets and children in more than one jurisdiction. Aslan & Duran Law Firm provides English-language legal assistance tailored to the circumstances of international clients and families with connections to Turkey.
Divorce in Turkey for Foreigners
Foreign nationals may be able to initiate divorce proceedings in Turkey when the case has a legally sufficient connection with Turkey. Before filing a case, the jurisdiction of the Turkish courts and the law applicable to the divorce must be assessed according to the spouses’ nationality, habitual residence, place of residence and the particular circumstances of the marriage.
A marriage having been celebrated abroad does not, by itself, prevent divorce proceedings from being conducted in Turkey. However, foreign-issued documents may need to be submitted with an apostille or appropriate legalisation and accompanied by a sworn Turkish translation.
Divorce proceedings may also involve related claims concerning child custody, visitation, child support, spousal maintenance, compensation and marital property. If children or assets are located in another country, additional rules concerning international jurisdiction, recognition and enforcement may become relevant.
Because international divorce cases may involve more than one legal system, the appropriate procedure should be determined before a petition is filed or an agreement is prepared.
International clients may also review our services for those seeking an English-speaking lawyer in Turkey.
Matters That May Require an Initial Assessment
- The nationality and residence of each spouse
- Where and when the marriage took place
- Whether proceedings have already commenced abroad
- Where the children habitually reside
- Whether the spouses have assets in Turkey or another country
- Whether a foreign court judgment has already been issued
Can You Get Divorced in Turkey While Living Abroad?
Living abroad does not necessarily prevent a person from initiating or participating in divorce proceedings in Turkey. A Turkish divorce lawyer may be appointed through a properly prepared power of attorney to file petitions, submit evidence, attend hearings and carry out authorised procedural steps on the client’s behalf.
Turkish citizens living abroad can generally arrange a power of attorney through a Turkish consulate. Foreign nationals and others using a local notary may need to obtain an apostille or complete the applicable legalisation procedure. A sworn Turkish translation may also be required. The wording and formal requirements of the power of attorney should be confirmed before it is issued.
The requirement to attend court personally depends on the type and circumstances of the case. In an uncontested divorce, the judge must hear both spouses personally and confirm that they freely accept the divorce agreement. A lawyer holding a power of attorney cannot replace this requirement.
In contested divorce proceedings, many procedural steps may be handled by a lawyer. However, the court may still require a party to attend a hearing, provide a personal statement or complete another procedural act. For this reason, clients living abroad should obtain case-specific advice before making travel arrangements.
Communication, document preparation and much of the preliminary case management can generally be conducted remotely. Whether the entire process can proceed without the client travelling to Turkey must be assessed individually.
Ask the Turkish lawyer handling your case to provide the required wording. This can help prevent problems concerning the scope of authority, photographs, apostille certification, legalisation or sworn translation.
For detailed information about special authorisation, consular and foreign-notary procedures, apostille requirements and personal attendance, see our guide to obtaining a power of attorney for divorce in Turkey.
Contested and Uncontested Divorce in Turkey
Divorce proceedings in Turkey may be conducted as either contested or uncontested, depending on whether the spouses agree on the divorce and its legal consequences. The appropriate procedure affects the documents required, the issues examined by the court and the overall duration of the proceedings.
| Uncontested Divorce | Contested Divorce |
|---|---|
| Both spouses agree to divorce. | The spouses disagree on the divorce or its consequences. |
| The marriage must have lasted for at least one year. | There is no general one-year marriage requirement. |
| The spouses agree on matters such as custody, visitation, alimony and financial consequences. | The court examines disputed matters such as fault, custody, alimony, compensation and evidence. |
| A written divorce protocol is submitted to the court. | Petitions, evidence and witness statements may be submitted. |
| Both spouses must be heard personally by the judge. | Lawyers may handle many procedural steps, although personal attendance may still be required. |
| It is generally concluded more quickly when the protocol is accepted by the court. | The duration depends on the disputes, evidence, service of documents and appeal process. |
Uncontested Divorce
An uncontested divorce may be suitable when the spouses have been married for at least one year and have reached an agreement on the divorce and its legal consequences. The agreement should be recorded in a carefully drafted protocol covering matters such as child custody, visitation, alimony, compensation and other relevant financial arrangements.
The court is not automatically bound by every provision of the protocol. The judge considers the interests of the spouses and children and may propose amendments where necessary. Both spouses must personally confirm before the judge that they freely accept the agreement.
Learn more about uncontested divorce in Turkey.
Contested Divorce
A contested divorce may be required when one spouse does not agree to divorce or when the parties cannot agree on child custody, visitation, alimony, compensation or other consequences. The court evaluates the parties’ claims and defences together with the evidence submitted.
Depending on the case, evidence may include witness statements, financial records, official documents, correspondence, photographs, expert reports and other lawfully obtained material. The relevance and admissibility of each item should be assessed before it is submitted to the court.
Learn more about contested divorce in Turkey
Which Type of Divorce Applies to Your Case?
Agreement on the decision to divorce alone is not sufficient for an uncontested divorce. The spouses must also agree on the legal and financial consequences addressed in the divorce protocol. If a complete agreement cannot be reached, the proceedings may need to continue as a contested divorce.
The Divorce Process in Turkey
The procedure and duration of a divorce case in Turkey depend on whether the divorce is contested or uncontested, whether either spouse lives abroad and whether the case involves children, financial claims or assets located in different countries. Although every case has its own circumstances, the process generally includes the following stages.
1. Initial Legal Assessment
The first stage involves reviewing the spouses’ nationality and residence, the duration and place of the marriage, the grounds for divorce, the location of any children and assets, and whether related proceedings have already commenced in another country. This assessment helps determine jurisdiction, applicable law and the claims that may need to be raised.
2. Preparation of the Petition or Divorce Protocol
In a contested divorce, the initiating spouse files a petition setting out the legal grounds for divorce, the relevant facts, the requested measures and the available evidence. In an uncontested divorce, the spouses prepare a written protocol addressing the agreed legal and financial consequences of the divorce.
3. Filing the Case
The divorce case is filed before the competent family court. Territorial jurisdiction must be determined according to the circumstances of the spouses and their residence. If either party lives abroad, international jurisdiction and service requirements should also be considered before filing.
4. Service of Court Documents
The petition and other court documents must be formally served on the other spouse. If the recipient lives abroad, service may be completed through the applicable international or consular procedures. Incorrect or incomplete address information and international service requirements may extend the proceedings.
5. Exchange of Petitions and Evidence
In contested proceedings, the parties submit their claims, responses and evidence within the applicable procedural periods. Depending on the dispute, evidence may include official records, financial documents, witness statements, expert examinations, correspondence and other lawfully obtained material.
6. Hearings and Interim Measures
The court may conduct one or more hearings and hear the parties and witnesses. While the case is pending, interim measures may be ordered concerning temporary custody, visitation, maintenance, use of the family residence and other urgent family matters.
7. Court Decision
After examining the parties’ statements, evidence and requests, the court decides whether the legal conditions for divorce have been met. Depending on the scope of the case, the decision may also address child custody, visitation, alimony, compensation and other consequences of divorce.
Claims concerning the division of marital property are generally dealt with separately from the divorce proceedings.
8. Finalisation and Registration
A divorce judgment becomes final after the available legal remedies have been exhausted or the relevant appeal periods have expired. Once finalised, the decision can be recorded in the Turkish civil registry. If the judgment will be used in another country, translation, apostille, legalisation or recognition procedures may also be required.
How Long Does a Divorce Take in Turkey?
There is no standard duration that applies to every divorce case. An uncontested divorce is generally concluded more quickly when the required conditions are satisfied, the protocol is complete and both spouses attend as required. A contested divorce may take longer depending on the disputed issues, the evidence to be collected, international service of documents, expert examinations and any appeal proceedings.
Early assessment of jurisdiction, documents and procedural requirements may help prevent avoidable delays, particularly when one of the spouses lives abroad.
Child Custody, Visitation and International Family Matters
When divorce proceedings involve children, the court considers the best interests and welfare of the child when determining custody and visitation arrangements. The child’s age, health, education, living conditions, relationship with each parent and the parents’ ability to meet the child’s needs may be relevant to this assessment.
Further information is available on our child custody in Turkey page.
The parent who is not granted custody may be entitled to maintain a personal relationship with the child under a visitation arrangement determined by the court. The court may also order child support to ensure that both parents contribute to the child’s care, education, health and other essential expenses.
Custody and visitation arrangements are not necessarily permanent. If circumstances materially change or the child’s welfare requires a different arrangement, an application may be made for the existing decision to be reconsidered.
International Child Custody Disputes
Additional legal issues may arise when the parents have different nationalities, live in different countries or disagree about where the child should reside. In such cases, the child’s habitual residence, existing custody decisions, international jurisdiction and applicable conventions may need to be considered.
A planned international relocation may significantly affect the other parent’s relationship with the child. Before moving a child permanently to another country, the parent should obtain legal advice on whether consent, a court decision or another legal procedure may be required. Acting without an assessment may result in urgent proceedings in Turkey or another country.
International Child Abduction and Wrongful Retention
Taking a child to another country or retaining the child there in breach of another person’s custody rights may give rise to international child abduction proceedings. These cases do not simply determine which parent should have custody; their primary purpose may be to decide whether the child should be returned to the country of habitual residence.
Turkey is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Applications under the Convention are subject to specific conditions, procedures and limited grounds for refusing return. Prompt legal assessment is particularly important in cases involving an alleged wrongful removal or retention.
Issues That May Require Urgent Legal Assessment
- A child has been taken to another country without agreement.
- A child has not been returned after an agreed visit.
- One parent is planning to relocate abroad with the child.
- Contact between the child and one parent is being prevented.
- Custody proceedings are pending in more than one country.
- An existing foreign custody order needs to be used in Turkey.
Alimony, Compensation and Division of Marital Property
Divorce may have significant financial consequences for both spouses and their children. Claims concerning maintenance, compensation and marital property are governed by different legal conditions and should be assessed separately. The parties’ income, assets, financial needs, contributions during the marriage and degree of fault may be relevant depending on the type of claim.
Alimony and Financial Support
Turkish law provides different forms of financial support during and after divorce proceedings. The court may order temporary maintenance while the case is pending, child support for the care and needs of the children, or post-divorce maintenance in favour of a spouse who satisfies the applicable legal requirements.
There is no fixed amount that applies to every case. The court may consider the parties’ income, regular expenses, living conditions, financial capacity and the needs of the spouse or child requesting support. A material change in circumstances may later justify an application to increase, reduce or terminate an existing maintenance order.
Material and Non-Material Compensation
A spouse whose existing or expected financial interests are harmed by the divorce may, subject to the statutory conditions, claim material compensation from the spouse who is at fault. Non-material compensation may also be requested where the events leading to the divorce have infringed the requesting spouse’s personal rights.
Compensation is not awarded automatically in every divorce case. The court examines the parties’ requests, degree of fault, evidence, financial circumstances and the specific impact of the events leading to the divorce.
Division of Marital Property
The division of marital property is legally distinct from the divorce itself and is generally addressed in separate proceedings. The applicable matrimonial property regime, the date and method of acquisition of each asset, the source of the funds used and any personal property claims must be examined.
Assets such as real estate, vehicles, bank accounts, investments, company interests and certain financial rights acquired during the marriage may be relevant to the liquidation of the matrimonial property regime. However, this does not mean that every asset owned by either spouse will automatically be divided equally.
Assets owned before the marriage, inheritances, personal gifts and other forms of personal property may be treated differently from property acquired during the marriage. The classification and valuation of each asset depend on its legal and financial history.
Assets Located Outside Turkey
When one or both spouses own assets in another country, questions of jurisdiction, applicable law, disclosure, valuation and enforcement may arise. A Turkish court decision may not automatically transfer or affect an asset located abroad. Coordination with lawyers or other professionals in the country where the asset is situated may therefore be necessary.
Matters That Should Be Reviewed
- The date and method by which each asset was acquired
- Title deed, vehicle and company ownership records
- Bank accounts, investments and financial rights
- Loans, mortgages and other liabilities
- Assets acquired before the marriage
- Inheritances and personal gifts
- Transfers made before or during the divorce proceedings
- Property and financial interests located outside Turkey
Further information is available on our division of marital property in Turkey page.
Recognition of Foreign Divorce Decisions in Turkey
A divorce decision issued by a foreign court does not always update Turkish civil registry records automatically. Depending on the circumstances, the decision may need to be registered through an administrative procedure or recognised by a Turkish court before it can produce the intended legal effects in Turkey.
The appropriate procedure depends on factors such as the authority that issued the decision, whether the judgment is final, the nationalities of the former spouses and whether the decision includes enforceable provisions concerning children, maintenance, compensation or property.
Administrative Registration of a Foreign Divorce
Certain foreign divorce decisions may be registered directly in the Turkish civil registry without filing a separate recognition case. Applications may be submitted to the competent civil registry authority in Turkey or, where available, through a Turkish consulate abroad.
The administrative procedure is subject to statutory requirements. The foreign decision must generally have been issued by a competent judicial or administrative authority, have become final under the law of the issuing country and not be clearly contrary to Turkish public order. The identities, nationalities and application status of the former spouses may also affect the procedure.
If the administrative requirements are not satisfied or the application is refused, recognition through a Turkish court may still be available.
Recognition and Enforcement Before Turkish Courts
Recognition allows a final foreign divorce judgment to be accepted as legally effective in Turkey. Enforcement may additionally be required where the foreign decision contains obligations that must be executed, such as certain orders concerning maintenance, compensation, custody or the delivery of property.
The Turkish court does not ordinarily conduct the original divorce case again or reassess its merits. Instead, it examines whether the statutory conditions for recognition or enforcement have been satisfied, including finality, proper notification, the opportunity to present a defence and compatibility with Turkish public order.
Court proceedings may become necessary when an administrative application is unavailable, one of the required parties does not cooperate or enforceable provisions of the foreign judgment need to be implemented in Turkey.
Documents Commonly Required
- The original or an officially certified copy of the foreign divorce decision
- A document confirming that the decision is final
- An apostille or other required legalisation
- A sworn Turkish translation of the decision and finality document
- Passport or identity documents
- Relevant civil registry records
- A properly issued special power of attorney if a lawyer will act on the applicant’s behalf
Document requirements may vary according to the country in which the decision was issued, the content of the judgment and the procedure selected in Turkey. The documents should therefore be reviewed before an application is submitted.
Is a Foreign Divorce Valid in Turkey?
The answer depends on what the decision will be used for. A foreign divorce may be legally valid in the country where it was issued but may still require registration or recognition before Turkish civil records can be updated or its provisions can be enforced in Turkey.
Documents Commonly Required for Divorce in Turkey
The documents required for divorce proceedings in Turkey vary according to the type of divorce, the spouses’ nationalities and residence, whether children are involved and whether any documents were issued abroad. Not every document listed below will be required in every case.
Identification and Marriage Documents
- Passport or Turkish identity card
- Marriage certificate or international family record book
- Civil registry record, where applicable
- Current address and contact details of both spouses
- Information concerning any previous or pending divorce proceedings
Documents Concerning Children
- Birth certificates or civil registry records
- School and education records
- Medical or special care records where relevant
- Information about the child’s current residence and daily care
- Existing custody or visitation decisions
- Travel records where an international relocation or wrongful removal is disputed
Financial and Property Records
- Income and employment documents
- Bank and investment account records
- Title deeds and vehicle registration records
- Company shareholding or business records
- Loan, mortgage and liability documents
- Evidence showing when and how significant assets were acquired
- Records relating to property or income located outside Turkey
Evidence in Contested Divorce Cases
Depending on the allegations and claims, relevant evidence may include official records, correspondence, photographs, witness information, financial documents and expert reports. Any evidence must be obtained and submitted lawfully. Private communications or personal data should not be accessed, recorded or disclosed unlawfully for use in divorce proceedings.
Power of Attorney
A client who appoints a Turkish lawyer will generally need to issue a power of attorney containing the authority required for divorce and related proceedings. The lawyer handling the case should provide the necessary wording before the document is prepared.
Turkish citizens abroad may arrange the document through a Turkish consulate. A power of attorney prepared before a foreign notary may require an apostille or other legalisation and a sworn Turkish translation.
Foreign-Issued Documents
Marriage certificates, birth certificates, court decisions and other documents issued outside Turkey may require an apostille or consular legalisation before they can be used. They may also need to be translated into Turkish by a sworn translator and submitted in the legally required form.
Apostille and legalisation requirements depend on the issuing country, the type of document and the international agreements in force. Documents should therefore be checked before the case is filed.
Before Sending Your Documents
Initially send only the documents requested for the legal assessment. Avoid sending original documents unless specifically instructed. Personal, financial and child-related records should be transferred through an appropriate and secure communication channel.
Our Approach to Divorce and Family Law Cases
Divorce and family law matters often involve sensitive personal information, financial concerns and decisions that may have long-term consequences for children and family relationships. Our approach is based on careful legal assessment, confidentiality, clear communication and case-specific planning.
Confidentiality and Professional Care
Information and documents shared by clients are handled in accordance with the lawyer’s professional confidentiality obligations. We recognise the personal nature of family law disputes and aim to manage each matter with appropriate care and discretion.
Case-Specific Legal Strategy
No two divorce cases are identical. Before recommending a legal course of action, we consider the parties’ circumstances, available evidence, children, financial claims, international connections and the client’s practical objectives.
Clear Communication in English
International clients are informed in English about the applicable procedure, required documents, potential risks and important developments in their cases. Where appropriate, meetings and preliminary document reviews may be conducted remotely.
Coordinated Assistance for International Clients
Cases involving foreign nationals, spouses living abroad or assets and children in different countries may require coordination across multiple legal systems. When necessary, the process may also involve sworn translators, financial specialists or legal professionals in other jurisdictions.
Realistic Assessment
Legal proceedings may involve uncertainties concerning evidence, jurisdiction, court evaluations and enforcement. We provide clients with a realistic assessment of the available legal options without guaranteeing a particular outcome.
Meet Our Family and Divorce Law Team
Our family and divorce law team advises Turkish and international clients on divorce proceedings, child-related disputes, financial claims and cross-border family law matters. Each case is reviewed according to its legal, personal and international circumstances.
Şerife Duran
Founding Lawyer
Şerife Duran graduated from Ankara University Faculty of Law in 1999. Before entering legal practice, she served in several judicial positions, including at the Criminal Court of First Instance, Civil Court of Peace, Cadastral Court, Turkish Justice Academy and the 21st Civil Chamber of the Court of Cassation.
Her previous judicial service provides a broader perspective on court procedure, the assessment of evidence and judicial decision-making. She holds a master’s degree in European Union Law in the field of private law and continues her doctoral studies.
Yasemin Berna Aslanbay
Founding Lawyer and Mediator
Yasemin Berna Aslanbay graduated from Gazi University Faculty of Law in 2015 and is a founding lawyer of Aslan & Duran Law Firm. She is registered as a mediator with the Turkish Ministry of Justice and has completed specialist mediation training in employment, commercial and consumer law.
She has also completed qualified calculation training concerning family and inheritance law. This background contributes to the review of financial records and claims arising in matters such as alimony, compensation and the division of marital property.
Frequently Asked Questions About Divorce in Turkey
A foreign national may be able to file for divorce in Turkey if the case has a legally sufficient connection with Turkey and the Turkish courts have jurisdiction. The spouses’ nationality, residence, habitual residence and any proceedings pending abroad should be assessed before filing.
A lawyer may handle many procedural steps through a properly prepared power of attorney. However, personal attendance may still be required depending on the type and circumstances of the case. In an uncontested divorce, both spouses must be heard personally by the judge.
The marriage must have lasted for at least one year, both spouses must agree to divorce and they must agree on the legal and financial consequences. A written divorce protocol is submitted to the court, and both spouses must personally confirm their agreement before the judge.
There is no standard duration for every divorce case. An uncontested divorce is generally completed more quickly when the documents and protocol are properly prepared. Contested cases may take longer because of disputed claims, evidence, international service, expert examinations and appeals.
The court determines custody by considering the best interests and welfare of the child. The child’s age, health, education, living arrangements, relationship with each parent and the parents’ ability to meet the child’s needs may be relevant.
The outcome depends on the applicable matrimonial property regime and the legal classification of each asset. The date and method of acquisition, source of funds and any personal property claims should be examined. Property division is generally addressed separately from the divorce proceedings.
A foreign divorce decision may need to be registered through an administrative procedure or recognised by a Turkish court before Turkish civil records can be updated. Court recognition or enforcement may also be required where the decision contains provisions that need to be implemented in Turkey.
Legal fees depend on the type and complexity of the case, the disputed claims, international elements and the scope of legal services required. Court fees, translation, apostille, service, expert examination and other expenses may be charged separately. The scope of work and applicable fees should be clarified during the initial assessment.
Speak With a Turkish Divorce Lawyer
If you are considering divorce in Turkey, live abroad or need assistance with a foreign divorce decision, our English-speaking legal team can review the jurisdiction, procedure and documents relevant to your circumstances.
Contact Aslan & Duran Law Firm to request an initial assessment of your divorce or international family law matter.
Office Information
Aslan & Duran Law Firm
Kızılırmak Mah. Ufuk Üniversitesi Cad. No: 18
Ambrossia Plaza, Floor 7, Office 58
Çankaya, Ankara, Turkey
Phone: +90 552 846 9430
Email: info@aslanduran.com