For Turkish citizens living abroad, the question of how to dissolve a marriage that was registered in Turkey is among the most frequently misunderstood areas of family law. A widespread misconception holds that Turkish consulates and embassies can conduct or finalize divorce proceedings in the same way that they can solemnize marriages. This is not the case. Under Turkish law, divorce is an exclusively judicial act and can only be effected by a court judgment. No Turkish consulate or embassy holds the authority to issue a divorce decree, hear testimony in a divorce case, or dissolve a marriage by any administrative means.
What the consulate does in this context is serve two distinct and important functions. First, it acts as a notarial authority where a person residing abroad can execute a properly authenticated power of attorney in favor of a Turkish lawyer, enabling that lawyer to initiate and conduct divorce proceedings before a Turkish Family Court without the client needing to travel to Turkey. Second, after a divorce has been finalized by a court — either in Turkey or in the country of residence — the consulate serves as one of the authorized points of application for registering the divorce in the Turkish civil registry, in cases where the legal requirements for administrative registration are met.
The Consulate’s Role in Executing a Power of Attorney
The most important practical function of a Turkish consulate in the context of divorce is the preparation and authentication of a power of attorney. Because divorce in Turkey is classified as a matter involving personal rights, the power of attorney issued for this purpose must meet specific formal requirements that go beyond a standard authorization document. It must contain an explicit grant of authority to file a divorce lawsuit, attend hearings, submit and receive evidence, conclude settlement protocols if applicable, and accept the finality of the judgment.
Crucially, a power of attorney issued for divorce proceedings must include a photograph of the person granting the authority. This requirement is set out in Turkish notarial practice and reflects the personal nature of the rights being delegated. Without the photograph, the power of attorney will not be accepted by Turkish courts as valid for divorce matters, regardless of whether it meets every other formal requirement.
Turkish nationals residing abroad may obtain this power of attorney at the consulate of the country where they reside. The document is prepared in Turkish, and the person appearing before the consular officer must present a valid Turkish identity document or passport. Where the person seeking to grant authority is not a Turkish national but is party to a marriage registered in Turkey, they may also appear at the Turkish consulate and execute the power of attorney, provided they present their own national identity document or passport and, if they do not speak Turkish, attend with a sworn interpreter.
Foreign nationals who prefer to execute their power of attorney through a notary in their country of residence rather than at the Turkish consulate may do so, but the document must subsequently be apostilled under the Hague Convention of 1961 and accompanied by a certified Turkish translation prepared by a sworn translator. The apostilled document and its translation must then be submitted to the Turkish court or registry as part of the legal process.
Initiating a Divorce in Turkish Courts from Abroad
Once the power of attorney is properly executed and transmitted to a Turkish lawyer, the divorce proceedings in Turkey follow the same legal framework as for any other divorce case. The competent court is the Family Court, and jurisdiction is determined in accordance with Article 168 of the Turkish Civil Code, which vests jurisdiction in the court at the place of residence of either spouse or the court at the location where the spouses last lived together for at least six months.
Article 168 of the Turkish Civil Code: In divorce or separation cases, the competent court is the court at the place of residence of either spouse or the court at the location where the spouses last resided together for at least six months prior to the filing of the case.
For contested divorce proceedings, the physical absence of the plaintiff from Turkey does not present a procedural obstacle. The lawyer holding the power of attorney can file the petition, attend hearings, present evidence, and conduct the full litigation on behalf of the client without the client appearing in person. Turkish courts do, in certain circumstances, order a party to be heard directly, in which case the party residing abroad may request that their testimony be taken through the video-link system known as SEGBİS, which connects courts with consulates and other authorized locations overseas, or through a letters rogatory process by which the competent foreign court assists in taking testimony.
Uncontested divorce under Article 166, paragraph 3 of the Turkish Civil Code creates a specific procedural challenge for spouses residing abroad. The statutory requirement that both spouses appear before the judge in person and confirm their consent freely and voluntarily cannot be fulfilled through a power of attorney. Some Family Courts have accepted hearings conducted via SEGBİS for uncontested divorce cases involving parties abroad, but practice is not uniform across different courts and jurisdictions. Where SEGBİS is not available or not accepted by the court for this purpose, at least one visit to Turkey may be required for the hearing at which the judge personally verifies the parties’ consent and approves the divorce protocol.
Article 166, paragraph 3 of the Turkish Civil Code: If the marriage has lasted for at least one year and the spouses jointly apply or one spouse accepts the divorce petition of the other, the marital union is deemed to have irretrievably broken down. In order for a divorce decree to be issued, the judge must personally hear the parties and be satisfied that their consent has been freely given, and must approve the arrangements agreed upon by the parties regarding the financial consequences of the divorce and the status of the children.
Divorcing in the Country of Residence and Registration in Turkey
Many Turkish nationals living abroad obtain a divorce through the courts or competent authorities of their country of residence rather than filing proceedings in Turkey. A divorce obtained in a foreign country does not automatically take legal effect in Turkey. Until the foreign decree is recognized within the Turkish legal system, the parties remain legally married under Turkish law, cannot remarry in Turkey, and may encounter difficulties in matters such as inheritance, social security entitlements, and property rights.
There are two legal mechanisms through which a foreign divorce decree can acquire legal effect in Turkey. The first, and historically the only available route, is the judicial recognition and enforcement procedure governed by Articles 50 through 59 of the Act on International Private and Procedural Law No. 5718. This requires the filing of a recognition lawsuit before a Turkish court, which evaluates whether the foreign judgment meets the statutory conditions: that it has become final in the country where it was rendered, that it does not fall within the exclusive jurisdiction of Turkish courts, that it does not manifestly contradict Turkish public order, that the defendant’s right to a defense was respected in the foreign proceedings, and that the principle of reciprocity is satisfied.
The second mechanism, introduced by an amendment to the Civil Registration Services Law No. 5490 in 2017 and further amended in 2020, allows certain foreign divorce decrees to be registered directly in the Turkish civil registry without any court proceeding. Under Article 27/A of Law No. 5490, foreign divorce decrees may be administratively registered if the decision was issued by the competent judicial or administrative authority under the law of the country where it was rendered, if it has become procedurally final, and if it does not manifestly contradict Turkish public order.
Article 27/A of the Civil Registration Services Law No. 5490: Decisions issued by foreign judicial or administrative authorities regarding divorce, annulment, or determination of the existence of a marriage shall be registered in the civil registry records upon the joint application of the parties in person or through their authorized representatives, or upon the sole application of the Turkish national party or their representative where the other party has died or is a foreign national, provided that the decision was issued by a competent authority under the laws of the issuing state, has become procedurally final, and does not manifestly contradict Turkish public order.
The application for administrative registration may be submitted at the Turkish consulate in the country where the divorce was obtained, at the provincial civil registration directorate in the place where either party is registered in Turkey, or, where neither party has a Turkish address, at certain designated provincial directorates including Istanbul, Ankara, Izmir, Bursa, and several others.
Documents Required for Administrative Registration
The administrative registration process requires the submission of a set of documents that must be carefully assembled and authenticated. The original foreign divorce decree or a certified copy must be obtained from the issuing court, together with a certification of finality confirming that the judgment has been formally served and that the period for appeal has expired without a challenge being filed. An apostille endorsement must be obtained from the competent authority in the country where the decision was issued, certifying the authenticity of the document for use abroad.
The apostilled decree and its finality certification must be translated into Turkish by a sworn translator, and the translation must be authenticated either by a Turkish consulate or by a Turkish notary. Where the party does not appear in person and is instead represented by a lawyer, the power of attorney must include explicit authorization for the recognition and registration of a foreign divorce decree, in addition to the standard terms of representation.
It is essential to understand that administrative registration does not extend to the ancillary provisions of a foreign divorce judgment. Provisions concerning child custody, child support, spousal alimony, property division, and compensation cannot be given effect through the administrative registration procedure. These matters require a separate recognition and enforcement lawsuit before a Turkish court if they are to be implemented within the Turkish legal system. A party who obtained a comprehensive foreign divorce judgment that also addresses custody and financial matters must therefore pursue judicial recognition proceedings in respect of those ancillary elements, even if the dissolution of the marriage itself has been registered administratively.
Practical Considerations for Turkish Nationals Abroad
The choice between filing for divorce in Turkey via a power of attorney and obtaining a divorce in the country of residence depends on a number of factors, including the legal standards applicable in each country, the likely duration and cost of proceedings, the nationality of the other spouse, and whether the parties need the Turkish courts to address custody, alimony, or property division simultaneously with the dissolution of the marriage.
Where both spouses are Turkish nationals, Turkish courts applying Turkish law will address all aspects of the divorce in a single proceeding, which can be more efficient than obtaining a foreign divorce and then pursuing separate recognition proceedings for ancillary matters in Turkey. Where one spouse is a foreign national, the applicable law may be the law of the foreign country under the conflict-of-laws rules of MÖHUK, which can introduce additional complexity into proceedings before Turkish courts.
In all cases, the accuracy and completeness of the power of attorney, the proper authentication of documents, and the timely registration of the divorce in the Turkish civil registry are critical steps that determine whether the legal consequences of the divorce can be properly implemented. Errors in these procedural steps are among the most common sources of delay and legal uncertainty in cross-border divorce matters.
Divorce Lawyer in Istanbul – Attorney Ozan Soylu
Attorney Ozan Soylu is a practicing lawyer based in Istanbul, representing Turkish and foreign nationals in cross-border divorce proceedings, including cases initiated from abroad via power of attorney, recognition of foreign divorce decrees, and administrative registration of foreign judgments in the Turkish civil registry. He advises clients residing in various countries on the full range of procedural steps required to dissolve a marriage with connections to Turkey.
For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.
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