Decisions of divorce, annulment of marriage, cancellation or decisions relating to detect the presence or absence does not mean anything directly in Turkey. There are certain conditions to be fulfilled according to Turkish law in order to to make them effective in Turkey.
People who divorced in line with the decisions of judicial or administrative authority located in foreign countries, registration in the family register of this decision in Turkey is compulsory. In this case, in divorces where one or both parties are Turkish, some problems may arise where this decision is not registered in the family registry. For example, those people in Turkey can not married again due to the fact that they are considered as married. Therefore the registration of divorce decisions by the judicial or administrative authorities of the foreign country in the family registry has a big importance.
This issue is also has a great importance at the point of heritage. Although the parties are divorced abroad if they are not committed to this decision in official records in Turkey, the Republic of Turkey will cause them to remain married in the registry system. In this case, when one of the spouses dead other spouse will be regarded as the owner of the heritage according to Turkish legal system if there is a property in Turkey.
Recognition and enforcement procedure is necessary to make the decisions made by the courts of foreign countries effective in Turkey.
Decisions made by the courts of foreign countries in Turkey should also be recognition and enforcement procedures to be effective. Recognition is possible if the decision made does not have an executive character, while enforcement will be possible if the decision has an executive character. In other words, if the decision taken by the foreign judicial or administrative authorities of the parties is only a decision regarding divorce, annulment of marriage you have the right to apply to the recognition institution, and if there are issues related to alimony, compensation, custody of children, enforcement action is required.
With the amendment made in 2018 in Turkey, registration in the family register of divorce decisions granted by judicial or administrative authorities has facilitated. While the recognition and enforcement cases are being held before the courts, with the regulation introduced, an easier opportunity has been provided for the registration of the decision made by foreign judicial or administrative authorities. However, the registration in this way can be carried out depending on some conditions.
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Recognition and Emforcement
WHERE THE REGISTRATION OF DIVORCE DECISIONS GRANTED BY ADMINISTRATIVE OR JUDICIAL AUTHORITIES OF FOREIGN COUNTRIES WILL BE IN TURKEY?
If the decisions taken by the judicial or administrative authorities in foreign countries regarding the divorce, annulment of marriage, or the determination of its existence are limited only to these kind of decisions, that is, in the absence of any executive decision, an application can be made directly to the family registers. Applications can be made to the Embassy of the Republic of Turkey in the country where the decisions taken, as can be made to the consulate or consulate general. Also can be made to the provincial directorates of the one of the parties’ domicile in Turkey; if there is not domicile in Turkey it can be made to Istanbul Directorate of Population and Citizenship.
Applications regarding the registration of the decisions granted by the judicial or administrative authorities of foreign countries in the family register; can be made by the personally, through their legal representatives or attorneys. During the application, the parties do not have to be present together before the competent authority, the parties can make their applications at the same time or separately. In case of separate applications, the period between both applications cannot exceed ninety days.
Except for the divorces realized with a unilateral declaration of will, in the event that the persons whose marriage has ended died before the registration request, applications regarding the registration of the decision of the foreign legal or administrative authorities regarding the divorce, the annulment of the marriage or the determination of its existence in the family registry can be made by those who have legal benefits
NECESSARY DOCUMENTS FOR APPLICATIONS REGARDING THE REGISTRATION OF DIVORCE DECISIONS MADE BY FOREIGN COUNTRY’S JUDICIAL OR ADMINISTRATIVE AUTHORITY IN THE FAMILY REGISTER!
It is obligatory to submit the following documents in full for the application to be accepted. If deficiencies are detected in the documents received in the application, ninety days are given to complete these deficiencies in the document. If the missing documents are not completed within this period, the application is rejected.
1) Application Form,
2) The duly approved original of the decision requested to be registered in the family register and the Turkish translation approved by the notary or foreign representative office or approved by the competent authority of the relevant country by applying the Apostille annotation,
3) If there is no finalization annotation in the decision of the judicial or administrative authority, the original document or the original of the letter and its Turkish translation approved by the notary or foreign representative office or approved by the competent authority of the relevant country by applying the Apostille annotation,
4) ID or passport photocopies, if one of the parties is foreign, notarized Turkish translations of ID or passports,
5) For applications to be made through a proxy, the original or a certified copy of the special power of attorney with photograph issued by the notary.
The evaluation of the application is carried out by foreign representative offices and provincial directorates. In case of a positive decision about registration from the commission, the situation regarding the divorce is registered in the family registers within seven days.
In case the Commission decides on the registration of the decisions taken by the competent judicial or administrative authorities of the foreign country; The date of the decisions of divorce, annulment, annulment or existence of marriage is accepted as the final date of the decision taken by foreign judicial or administrative authorities.
In case the application regarding the registration of the decisions taken by the competent judicial or administrative authorities of the foreign country is rejected by the commission; a case can be open before the competent family court in Turkey for the recognition or enforcement of the decisions.
WHAT IS RECOGNITION AND ENFORCEMENT CASE?
With recognition cases, after the divorce of a Turkish citizen who is married to a Turkish or a foreigner abroad before the competent courts or administrative authorities of that country, it is ensured that the divorce decision is approved by the Turkish Courts. A Recognition Case must be filed to carry out this verification. However, if there is a provision regarding alimony, compensation or custody in addition to the divorce, the case to be filed is the enforcement case.
With the recognition, foreign court decisions become definitive evidence, while the enforcement decision is as effective as foreign court decisions. With the enforcement decision, foreign court decisions get the right to be executed. In this way, all kinds of execution proceedings can be made and when necessary, enforcement action can be applied.
The divorce process before foreign courts or administrative authorities will not be effective if the enforcement, recognition case is not opened.
The Turkish courts’ ability to give an enforcement decision requires the existence of some conditions:
1) The existence of a court decision and the finalization of this decision.
2) The verdict was given on a matter that is not under the exclusive jurisdiction of the Turkish courts, or if the defendant objected, the verdict was issued by a state court that gave the state jurisdiction, although the state did not have a real relationship with the subject of the case or the parties.
3) The provision is not clearly contrary to public order.
4) Pursuant to the laws of that place, the person against whom enforcement is requested has not been duly summoned to the court giving the decision, not represented in that court, or was ruled in his absence contrary to these laws, and this person has not objected to the Turkish court against the enforcement request based on one of the above points.
DOCUMENTS REQUIRED FOR RECOGNITION & ENFORCEMENT CASES!
- The original document of the foreign court decision and its translated into Turkish by a sworn translator and certified by a notary public.
- A final annotation that shows the decision is finalized or an informative document on this issue.
- Apostille annotation for the foreign court decision that will be subject to recognition and enforcement.
- Photocopy of Passport and Identity Card
- If you are to be represented by a lawyer, a power of attorney issued in accordance with recognition and enforcement.
WHERE IS RECOGNITION AND ENFORCEMENT CASES OPENED? WHERE IS THE COMPETENT AND JURISDICTION COURT?
Lawsuits regarding the recognition and enforcement of foreign court decisions within the scope of family law will be filed in family courts. If the defendant has domicile in Turkey the case is opened there. However, if there is no domicile in Turkey, the case is opened where defendant’s residence is. If there is no residence in Turkey then it can be opened in the Family Courts in Istanbul.
WHO CAN OPEN THE RECOGNITION ENFORCEMENT CASE?
Anyone with legal benefit can open the case for recognition and enforcement. The persons who can initiate recognition and enforcement proceedings cannot be limited only to the parties of the divorce decision. For example; The recognition of divorce due to the inheritance, the child with legal benefit or the persons who will be entitled to the inheritance at the point of inheritance according to the applicable law can also file the recognition enforcement case.
Finally, in the case of Recognition and Enforcement, if the request is partially or completely accepted, it will have the quality of final judgment and conclusive evidence in Turkish law from the moment the foreign court decision becomes final. In other words, the final date of the decision in the foreign court will be accepted as the date of the divorce