Family law for foreigners in Turkey: marriage, divorce, custody and residence

Family law for foreigners in Turkey: getting married in Türkiye

Marriage is usually the first step in family law for foreigners in Turkey. A civil marriage is performed before a municipal marriage officer or another authorised official; a religious ceremony does not replace it. The foreign party must prove capacity to marry under the law of their own country.

Documents for marriage

• Passport and its notarised Turkish translation
• Certificate of no impediment (single status certificate) from the home country or its consulate
• Birth certificate; if previously married, the divorce judgment or the former spouse's death certificate
• Health report confirming no illness that prevents marriage
• Biometric photographs

Foreign documents must carry an apostille or consular approval and be translated into Turkish by a sworn translator with notarisation. A sworn interpreter attends the ceremony for a party who does not speak Turkish.

Registering a marriage concluded abroad

A Turkish citizen's marriage abroad must be entered in the civil registry through a Turkish consulate or a civil registry office in Türkiye. An unregistered marriage causes serious problems for family residence permits, citizenship and divorce, and registration is a precondition for any case in Türkiye.

Which country's law applies in family law for foreigners in Turkey?

In family law for foreigners in Turkey, the Turkish court decides which country's law governs the dispute under MÖHUK:

• Divorce and separationArt. 14The spouses' common national law; if none, the law of their common habitual residence; otherwise Turkish law.
• Matrimonial propertyArt. 15The law chosen by the spouses; if none, their common national law at the time of marriage, then common habitual residence, otherwise Turkish law.
• Custody and contactChildAs a rule, the law of the country where the child habitually resides.
• MaintenanceCreditorAs a rule, the law of the country where the maintenance creditor habitually resides.
• ProcedureAlwaysTurkish procedural law applies in a Turkish court.

A foreign law provision that is clearly contrary to Turkish public policy is not applied. The court researches the content of foreign law of its own motion, which can lengthen proceedings.

Divorce under family law for foreigners in Turkey

Jurisdiction of Turkish courts

If one spouse is a Turkish citizen or the spouses live in Türkiye, the divorce case can be filed at the family court in Türkiye. In personal status cases of Turkish citizens with no domicile in Türkiye, the case can be filed where they are present or last lived, or otherwise in Ankara, Istanbul or Izmir (MÖHUK Art. 41).

Uncontested and contested divorce

• Uncontested divorce (Civil Code Art. 166/3): the marriage must have lasted at least one year, the spouses apply together or one accepts the other's case, the judge hears both in person and approves the protocol on financial matters and the children. The foreign spouse is heard with an interpreter. Use the calculator at the top of this page to check the one-year date.
• Contested divorce: filed on grounds such as irretrievable breakdown, adultery or abandonment; evidence, witnesses and service abroad make it longer.

Service of documents abroad

If the respondent spouse lives abroad, the petition is served through the Ministry of Justice under the Hague Service Convention or bilateral judicial assistance treaties. This can take months; appointing a representative in Türkiye shortens the process considerably.

Custody and international child abduction

Custody is the most sensitive area of family law for foreigners in Turkey. Turkish courts decide custody on the best interests of the child; a parent's nationality alone is not decisive. When arranging contact, the court also considers that the other parent lives abroad.

Türkiye is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. If a child is taken to or kept in another contracting state in breach of custody rights, a return application can be made through the Ministry of Justice as the central authority. Time is critical: a delay of more than one year can weaken the chance of return.

Alimony and division of property

• Alimony: interim, post-divorce and child maintenance can be claimed in a Turkish court. Collection from a debtor abroad depends on the maintenance conventions and recognition rules of that country.
• Division of property: the matrimonial property law is determined under MÖHUK Art. 15. If Turkish law applies, the participation in acquired property regime governs assets acquired after 1 January 2002. Property and accounts in other countries may need procedures there as well.

Recognition of foreign divorces in family law for foreigners in Turkey

A common problem in family law for foreigners in Turkey is recognition of foreign judgments. A divorce granted abroad is not entered in the Turkish civil registry until it is recognised; the parties still appear married in Türkiye and cannot remarry. Recognition is obtained through a recognition case at the family court under MÖHUK Arts. 50–59. The court checks that the judgment is final, does not fall within the exclusive jurisdiction of Turkish courts, is not clearly contrary to public policy, and that the right of defence was respected.

Some divorce judgments where the spouses applied jointly or did not object can, if the conditions are met, be entered administratively through a civil registry office or consulate.

Residence and citizenship in family law for foreigners in Turkey

• Family residence permit: the foreign spouse of a Turkish citizen or of a foreigner with a residence permit can apply. The sponsor must meet income, health insurance and criminal record conditions. See residence permit in Turkey.
• After divorce: the family residence permit loses its basis. Those who stayed at least three years on a family permit as the spouse of a Turkish citizen, and victims of domestic violence proven by court decision, can switch to a short-term permit.
• Citizenship by marriage: a foreigner married to a Turkish citizen for at least three years, with the marriage continuing, can apply if they live together as a family, do not act against the marriage and pose no national security obstacle (Citizenship Law Art. 16). See Turkish citizenship routes.
• Sham marriage: if a marriage is found to have been concluded only for residence or citizenship, the permit is refused or cancelled and a restriction code and entry ban may follow. See Turkey entry ban removal.