Just as marriages can cross international borders, so can divorce proceedings, often making the process legally complex. When spouses have different nationalities, live in different countries, or were married abroad, critical questions arise: ‘Which country’s law will apply?’ and ‘Which court has jurisdiction?’
The first step in any international divorce case is to determine if the lawsuit can be filed in Turkey and, if so, which national law the Turkish courts will apply. Turkish International Private Law provides a clear set of rules for these scenarios. The correct determination of jurisdiction and applicable law directly impacts the core issues of the case, such as property division, child custody, and alimony.
Furthermore, if a divorce has already been finalized in another country, it is not automatically valid in Turkey. A separate ‘recognition and enforcement’ lawsuit must be filed to have the foreign decree recognized by the Turkish legal system. Until this is done, the parties are still considered legally married in Turkey, which can affect official records and the ability to remarry.
Cases involving international family law are a technical field requiring a firm grasp of both domestic regulations and international conventions. To protect your rights in matters of property, custody, and support, seeking guidance from an experienced lawyer from the very beginning is essential.