In Turkish law, decisions od divorce issued by foreign courts must be registered in the Turkish civil registry. Otherwise, there may be loss of some rights. Post-remediation of loss of rights can be more difficult later, because the marital status will continue to appear in the records of Turkish Republic. There are administrative and judicial avenues for registering divorce decrees in the Turkish civil registry.
1- Turkish citizens residing abroad or within the country can ensure the registration of divorce decrees in the population registry through administrative means by applying to Turkish Consulates or local Population Directorates with the necessary documentation.
With the amendment made to the Population Services Law on March 26, 2020, the phrase "together" was added after the first paragraph of Article 27/A of the law, stating that "or solely by the Turkish citizen party or representative of the party who is a Turkish citizen in case one of the parties has died or is a foreigner." This means that if both parties are Turkish citizens, they must apply together, but if one of the parties is a foreigner or deceased, it is possible to apply individually.
2- If the foreign divorce decree also includes judgments that need to be enforced along with the divorce decree, it will be necessary to initiate a lawsuit for the recognition and enforcement of the judgment, rather than using administrative means. While there is no time limit for filing a lawsuit, it should be noted that there may be risks of losing certain rights. The lawsuit can be filed by the individuals themselves or by attorneys authorized through a power of attorney. The power of attorney can be obtained from consulates or German and Turkish consulates. If obtained from German notaries, an Apostille endorsement is required.
To file a lawsuit or to apply to Civil Directorates, the foreign court decision must have become final, and the notation of finalization must be recorded. The date of finalization will be entered in the population registry as the date of divorce.
Each case is unique and may have specific details. These guidelines are provided for informational purposes only, and it is advisable to consult with an attorney for legal solutions.
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