Divorce in Turkey for Foreigners

Divorce in Turkey for foreigners can be handled by a Turkish family court (aile mahkemesi) when at least one spouse is domiciled in Turkey, or when the couple last lived together in Turkey for six months before the case is filed. Which country's divorce law the Turkish judge applies depends on the spouses' nationalities and habitual residence, under Turkey's private international law statute (Law No. 5718, known as MÖHUK). A divorce granted in another country does not update Turkish records on its own: it normally has to be registered or recognised in Turkey first.

Quick summary: Turkish courts can hear your divorce if one of you lives in Turkey. If you share a nationality, that country's law usually applies. Otherwise the law of your shared habitual residence applies, and Turkish law is the fallback. An uncontested divorce requires both spouses to appear before the judge in person. A contested divorce can be conducted through a lawyer holding a power of attorney. A foreign divorce decree reaches the Turkish civil registry through administrative registration or a recognition case (tanıma davası).

When can a Turkish court hear a divorce involving a foreigner?

Under MÖHUK article 40, the international jurisdiction of Turkish courts follows Turkey's domestic rules on venue. For divorce, article 168 of the Turkish Civil Code (Türk Medeni Kanunu, TMK) gives jurisdiction to the court where either spouse is domiciled, or where the spouses last lived together for six months before the case. In practice, this covers several situations we see among expats:

• A mixed marriage (one Turkish and one foreign spouse) where at least one spouse lives in Turkey.
• Two foreign nationals living in Istanbul or elsewhere in Turkey, even if they married abroad.
• A Turkish citizen living abroad. MÖHUK article 41 allows personal status cases of Turkish nationals to be heard in Turkey if they are not, or cannot be, filed abroad. The case then goes to the competent local court. If there is none, it goes to the court where the person is staying, then the court of their last domicile in Turkey, and finally a court in Ankara, Istanbul or Izmir.

Divorce cases are heard by family courts under Law No. 4787. Where no family court has been set up, a designated civil court of first instance (asliye hukuk mahkemesi) hears them. Hearings are conducted in Turkish, so a spouse who does not speak Turkish will generally need an interpreter, and foreign-language documents need certified translations. Our family law page gives a broader overview.

Which country's law applies to the divorce?

MÖHUK article 14 sets a step-by-step rule. The grounds and effects of divorce are governed by the spouses' common national law. If the spouses have different nationalities, the law of their common habitual residence applies. If there is none, Turkish law applies. The same rule covers alimony between divorced spouses and custody questions arising in the divorce. Interim measures requested during the case are always governed by Turkish law.

• Two German nationals living in Istanbul: a Turkish court would, in principle, apply German divorce law.
• A Turkish and a British spouse both living in Istanbul: Turkish law, as the law of their common habitual residence.
• A spouse who holds Turkish citizenship together with another nationality is treated under Turkish law where nationality decides the applicable law (MÖHUK article 4).

A foreign rule is not applied if its effect in the particular case is manifestly contrary to Turkish public order (MÖHUK article 5).

Uncontested and contested divorce in Turkey

Where Turkish law applies, the main routes are as follows. An uncontested divorce (anlaşmalı boşanma) under TMK article 166(3) requires the marriage to have lasted at least one year, and both spouses to apply together or one spouse to accept the other's case. The judge must hear both spouses in person, be satisfied that they are acting freely, and approve their agreement (protocol) on the financial consequences and the children. The judge may require changes to the protocol in the interests of the spouses and children.

A contested divorce (çekişmeli boşanma) is based on one of the grounds in the Civil Code. These are adultery (art. 161), attempt on life or severe mistreatment (art. 162), a degrading crime or dishonourable life (art. 163), abandonment after a formal warning (art. 164), mental illness confirmed by an official medical board report (art. 165), or irretrievable breakdown of the marriage (art. 166). Since a 2024 amendment, if a divorce case has been dismissed and one year passes after that decision becomes final without the couple resuming their life together, the marriage is deemed broken down and the court grants a divorce at the request of either spouse.

How long any of these takes depends on factors such as the court's workload, whether the other spouse can be served (service abroad can add significant time), the evidence involved and any appeals. We do not give fixed timeframes.

Can I get divorced in Turkey without being present?

For an uncontested divorce, no. TMK article 166(3) requires the judge to hear both spouses personally, so both must attend the hearing. A contested divorce can be filed and conducted by a lawyer. Divorce is a personal right, so under article 74 of the Code of Civil Procedure the power of attorney must expressly authorise the lawyer to file and pursue a divorce case. If you are abroad, the power of attorney can usually be signed at a Turkish consulate, or before a local notary with an apostille and a certified Turkish translation.

Children: custody and international child abduction

In a divorce, custody (velayet) and related questions follow the law chosen under MÖHUK article 14. Under Turkish law, the court regulates parental rights and the other parent's personal contact with the child (TMK article 182). Where a child has links to more than one country, the parents' plans to relocate often become the central issue. See our page on custody cases.

Turkey applies the 1980 Hague Convention on the Civil Aspects of International Child Abduction through Law No. 5717. If a child under 16 is wrongfully taken to or kept in another contracting state in breach of custody rights, the parent can apply for the child's return. The application can be made through the Ministry of Justice as the central authority, and return cases are heard by family courts.

Alimony and division of property

Turkish law knows several types of alimony (nafaka). These are interim alimony during the case (TMK article 169), child support (TMK article 182) and poverty alimony after divorce (TMK article 175). The Constitutional Court has annulled the word "indefinite" (süresiz) in article 175; according to the official legislation database, the annulment takes effect on 30 June 2027. Our article on types of alimony explains the basics.

For matrimonial property, MÖHUK article 15 lets spouses expressly choose the law of their habitual residence or of either spouse's nationality at the time of marriage. Without a choice, their common national law at the time of marriage applies, then the law of their common habitual residence at that time, and finally Turkish law. Real estate, however, is liquidated under the law of the country where it is located, so property in Turkey follows Turkish rules. Turkey's default regime is participation in acquired property (edinilmiş mallara katılma, TMK article 202). See division of property in divorce.

Recognising a foreign divorce in Turkey

If you divorced abroad, the Turkish civil registry may still show you as married until the decision is registered. This can matter for remarriage, inheritance or residence matters. There are two routes:

1. Administrative registration (Civil Registry Services Law article 27/A). Introduced in 2017, this route allows foreign judicial or administrative divorce decisions to be registered directly. The decision must have been issued by an authority competent under that country's law, be final, and not be manifestly contrary to Turkish public order. Both spouses apply together, in person or through their lawyers. If the other spouse is foreign or has died, the Turkish spouse may apply alone. Applications are made at Turkish consulates abroad or at designated civil registry offices in Turkey.
2. Recognition case (tanıma davası). If administrative registration is refused or not available, the decision is recognised by a Turkish family court under MÖHUK article 58. The court checks the conditions in article 54, except reciprocity, and does not re-examine the merits. Parts that must be enforced, such as alimony or compensation, require enforcement (tenfiz) under article 50. The petition is filed with the certified foreign judgment, proof that it is final, and certified translations (article 53).

Using a Turkish divorce abroad

To rely on a Turkish divorce in another country, you will generally need a copy of the judgment showing that it has become final (kesinleşme şerhi). Turkey is a party to the Apostille Convention, so an apostille and a sworn translation are typically required. Whether a separate recognition step is needed depends on the rules of the destination country, which you should confirm locally.

Our office in Bakırköy, Istanbul, can assist with divorce, custody, alimony and recognition matters involving foreign nationals, and meetings can be held in English. You can read more about our legal services in English or contact us to arrange a consultation.

This page provides general information and is not legal advice. The outcome of each case depends on its specific facts.