Family Law and Divorce Proceedings for Foreigners in Turkey

International marriages and family matters involving foreign citizens in Turkey are governed by the Turkish Civil Code and the International Private and Procedural Law (MÖHUK No. 5718). Determining jurisdiction, applicable law, and custody enforcement requires specialized expertise in international family law.

This legal summary by Avukat Damla Bayrak Law Firm addresses key issues regarding foreign divorce, child custody, and alimony in Turkey.

1. Jurisdiction in Foreign Divorce Cases

Turkish courts have jurisdiction to hear divorce cases if at least one spouse is a Turkish citizen or if both spouses have joint residence in Turkey. Under MÖHUK rules:

• The national law common to both spouses applies.
• If spouses hold different nationalities, the law of their joint habitual residence applies.
• If no joint residence exists, Turkish law governs the divorce proceedings.

2. Types of Divorce Proceedings in Turkey

• Uncontested Divorce (Anlaşmalı Boşanma): Requires a marriage duration of at least 1 year. Spouses submit a comprehensive divorce protocol addressing property, child custody, alimony, and compensation. Concluded in a single hearing.
• Contested Divorce (Çekişmeli Boşanma): Occurs when parties cannot agree on divorce grounds, custody, or financial terms. Proceeding requires formal trial evidence and court hearings.

3. Child Custody and Alimony

Turkish courts base child custody decisions strictly on the best interests of the child. Foreign mothers and fathers enjoy equal legal standing before Turkish judges regarding custody rights and visitation orders.

4. Legal Consultation in Istanbul

Avukat Damla Bayrak Law Firm represents foreign clients in divorce, custody disputes, prenuptial agreements, and alimony claims in Turkey.

Contact Details:

Address: Çağlayan, Park Cd No: 22/24 Kat: 3, Daire 24, 34403 Kağıthane/İstanbul
Direct Phone & WhatsApp: +90 534 598 95 99
Email: info@avdamlabayrak.com
Website: avdamlabayrak.com/en/