Divorce in Turkey for foreigners
Which route will your divorce take?
Answer four questions. The suitable route, conditions and documents are listed for your situation.
General guidance; duration and outcome depend on the specific case and the court.
Divorce in Turkey for foreigners: uncontested and contested divorce
Divorce in Turkey for foreigners is filed at the family court of the place where either spouse is domiciled or where the spouses lived together for the last six months (Turkish Civil Code, Art. 168). Turkish citizenship is not required. There are two routes: an uncontested divorce with a signed protocol, available after at least one year of marriage, is often decided at a single hearing; a contested divorce based on a specific ground or on the irretrievable breakdown of the marriage can take months or even years. The law applicable to the divorce is determined by Art. 14 of the Turkish Private International Law (MÖHUK).
Which court hears a divorce in Turkey for foreigners?
Divorce cases are heard by the family court. Under Art. 168 of the Turkish Civil Code, the competent court is that of the domicile of either spouse or of the place where they lived together for the last six months before filing. Foreign spouses domiciled in Turkey can file in these courts; Turkish citizenship is not required.
Where no separate family court exists, the civil court of first instance acts as a family court. If one spouse is a Turkish citizen with no domicile in Turkey, MÖHUK Art. 41 makes the court of the Turkish citizen's last domicile competent, or otherwise the courts of Ankara, Istanbul or Izmir.
Which country's law applies to the divorce?
- Same nationality: the spouses' common national law applies to the grounds and effects of divorce (MÖHUK Art. 14/1). For two Iranian spouses, for example, Iranian law applies.
- Different nationalities: the law of the common habitual residence applies, and otherwise Turkish law.
- Procedure: whatever law decides the case, the proceedings follow Turkish procedural law.
- Custody and maintenance: the same law applies to the ancillary effects; in matters concerning children the court always considers the best interests of the child.
Uncontested divorce and the protocol
At least 1 year of marriage
The condition in Civil Code Art. 166/3; the period runs from the official date of marriage.
Protocol
Custody, contact, child and spousal maintenance, property division and compensation are set out one by one, with amounts.
Petition
One spouse files and the other accepts, or the spouses apply together.
Hearing
The judge hears both spouses in person and grants the divorce if the protocol is appropriate; the judge may propose changes.
Finality and registration
Once final, the decision is entered in the civil registry; recognition may also be needed in the foreign spouse's country.
Contested divorce and grounds for divorce
- Specific grounds (Civil Code Arts. 161–165): adultery, attempt on life, very bad or degrading treatment, committing a crime and living a dishonourable life, abandonment, mental illness
- General ground (Art. 166/1): irretrievable breakdown of the marriage, the ground relied on most often in practice
- Evidence: witness statements, messages, medical reports, financial records
- Duration: depends on service, witnesses and court-appointed reports; service abroad prolongs the case
A contested divorce can be conducted through a lawyer with a power of attorney, without the spouse being present in Turkey. The power of attorney must expressly include the authority to file for divorce; see power of attorney from abroad.
Documents needed for a divorce case
- Marriage certificate (for a marriage abroad, with apostille and sworn translation)
- Passport and residence permit or foreigner ID number
- Children's birth certificates
- Signed divorce protocol (uncontested divorce)
- Evidence of the grounds for divorce (contested divorce)
- Power of attorney expressly authorising divorce proceedings
After the divorce decision
- Registration: the final decision is entered in the Turkish civil registry. For it to take effect in the other spouse's country, that country's recognition procedure must be checked.
- Residence permit: a family residence permit loses its basis with divorce. Those who have held a family residence permit for at least three years can apply to switch to a short-term residence permit (Law No. 6458, Art. 34); see types of residence permits.
- Remarriage: the 300-day waiting period for women can be lifted by a court decision.
- Ancillary effects: custody and maintenance can be changed later if circumstances change.
- Divorce granted abroad: to take effect in Turkey, a recognition case is filed.
Common mistakes in divorce cases with foreigners
- Vague protocol: maintenance amounts, payment dates and contact days must be stated precisely.
- Overlooking national law: for spouses of the same nationality, foreign law often applies; the provisions should be filed.
- Forgetting recognition: a Turkish decision is not registered abroad automatically.
- Ignoring residence: a spouse with a family residence permit should plan an alternative permit before the divorce.
- Incomplete power of attorney: a case cannot be filed without express authority to divorce.
Questions about divorce in Turkey for foreigners
Can two foreigners divorce in Turkey?
Yes. If one spouse is domiciled in Turkey or they lived together in Turkey for the last six months, a case can be filed at the family court. Spouses of the same nationality are, as a rule, subject to their common national law.
How long does an uncontested divorce take?
If the protocol is complete, the decision is often given at a single hearing; the hearing date depends on the court's workload.
Can I divorce if my spouse is not in Turkey?
In a contested divorce, yes; the spouse is served abroad, which takes longer. In an uncontested divorce both spouses must be heard by the judge.
What should a divorce protocol include?
Custody, contact, child and spousal maintenance, property division and compensation. Courts ask for vague protocols to be corrected.
Is a Turkish divorce decision valid abroad?
To register it abroad, that country's recognition procedure must be followed; a Turkish decision is not registered automatically.
This guide is based on the official legislation of the Republic of Türkiye and was last updated on .
This page provides general information and is not a substitute for legal advice on a specific case. No particular outcome of any application or proceeding is promised.
Skyland İstanbul, Huzur, Azerbaycan Cd. No:4 A Blok Kat:26 No: 580, 34773 Sarıyer/İstanbul
+90 532 276 80 85
7 days a week, 24 hours