Divorce in Turkey for foreigners is handled by the Turkish Family Courts, and there are two main routes: an uncontested divorce, where both spouses agree on everything, and a contested divorce, where one spouse files on a legal ground and the court decides. An uncontested divorce is usually much faster, while a contested case can take considerably longer, especially if there are disputes over children or property.
This guide explains when a Turkish court can hear your case, which law applies, the two types of divorce and what happens to custody, alimony and property.
Can foreigners get divorced in Turkey?
Yes. Turkish courts can generally hear a divorce case if at least one spouse is a Turkish citizen or if the spouses have their residence in Turkey. The case is filed at the Family Court where either spouse lives, or where the spouses lived together during the last period before filing.
The marriage does not need to have taken place in Turkey. A marriage concluded abroad can be dissolved by a Turkish court, provided the court has jurisdiction.
Which law applies to a foreigners' divorce?
Under Turkey's international private law rules, the court first applies the common national law of the spouses. If they have different nationalities, it applies the law of their common habitual residence, and if there is none, Turkish law. In practice, many cases involving foreigners living in Turkey are decided under Turkish law, but spouses who share a nationality may find that their home country's law applies.
This question affects the grounds for divorce and the outcome, so it should be clarified before filing.
What is an uncontested divorce?
An uncontested divorce (anlaşmalı boşanma) is possible when:
- the marriage has lasted at least one year,
- both spouses apply together, or one applies and the other accepts the case,
- both spouses attend the hearing in person and confirm to the judge that they want to divorce of their own free will, and
- the judge approves the agreement on the financial and child-related matters.
The spouses sign a divorce protocol covering custody, contact with the children, child support, alimony and division of property. The judge can amend arrangements concerning the children if they are not in the child's best interests. Because personal attendance is required, both spouses must be able to come to the hearing; a lawyer alone cannot give the consent on a spouse's behalf.
What is a contested divorce?
If the spouses do not agree, or the marriage is shorter than one year, one spouse can file a contested divorce based on a ground set out in the Turkish Civil Code. The grounds include:
- Adultery
- Attempt on life, very serious mistreatment or severe insult
- Committing a crime or leading a dishonourable life
- Abandonment of the marital home for a certain period, after a formal warning
- Mental illness that makes married life unbearable, confirmed by medical report
- Irretrievable breakdown of the marriage, the most commonly used ground
The filing spouse must prove the ground with evidence such as witnesses, messages or official records. The case goes through written submissions, hearings, evidence and a final judgment, which can be appealed.
What happens to children, alimony and property?
Custody and contact
The court decides custody based on the best interests of the child, often after a social worker's report. The parent without custody is normally given contact rights. Taking a child abroad without the other parent's consent or a court order can lead to serious legal problems, including under international child abduction rules.
Child support and alimony
The parent without custody contributes to the child's expenses through child support. A spouse who would fall into poverty because of the divorce may request alimony (nafaka) from the other spouse, provided their fault is not greater. The amounts depend on the parties' financial situation and can be changed later if circumstances change.
Property
Under Turkish law, unless the spouses chose another regime, the default property regime is participation in acquired property: assets acquired during the marriage are generally shared, while personal property stays with its owner. Where foreign law applies, the property regime may be different. For real estate in Turkey, the name on the title deed is the starting point; our guide to buying property in Turkey explains how ownership is registered.
Is a foreign divorce valid in Turkey?
A divorce granted abroad does not automatically update the Turkish civil registry. A foreign divorce judgment usually needs recognition (tanıma) by a Turkish court. In some cases, a foreign divorce can be registered administratively through the civil registry without a court case, if the conditions are met. Until the divorce is registered, the person may still appear as married in Turkish records, which can affect remarriage, residence and citizenship matters.
Which documents will you need?
- Passports and residence permits of the spouses
- Marriage certificate, translated and apostilled if issued abroad
- Birth certificates of the children
- The divorce protocol for an uncontested divorce
- Evidence supporting the divorce ground in a contested case
- A power of attorney for your lawyer
If you do not speak Turkish, the court will appoint a sworn interpreter for the hearing.
If you are a foreign spouse whose residence depends on the marriage, divorce can affect your permit; read Turkey residence permit types to understand your options.
Talk to a lawyer before you file
Divorce involving foreigners raises questions of jurisdiction, applicable law and recognition that can change the outcome. Our licensed Turkish lawyers can explain your position in a confidential first meeting. Book a free first consultation.
Frequently asked questions
An uncontested divorce is usually concluded much faster, often at a single hearing once the case is scheduled. A contested divorce can take considerably longer, depending on the evidence, the court's workload and any appeal.
Yes. Turkish courts can generally hear the case if one spouse is a Turkish citizen or if the spouses live in Turkey. The marriage itself does not need to have taken place in Turkey.
Yes. In an uncontested divorce, both spouses must attend the hearing in person and confirm their free will before the judge. A lawyer can prepare the case but cannot give this consent on a spouse's behalf.
A foreign divorce usually needs to be recognised by a Turkish court, or registered through the civil registry where the conditions allow, before it appears in Turkish records. Until then, you may still be shown as married in Turkey.
The court decides custody based on the best interests of the child, often with a social worker's report. The other parent is normally granted contact rights and pays child support.