Yes. Foreign persons can get divorced in Turkish Courts in Turkey. Spouses, if they wish, can request a divorce by separation agreement and property settlement from the Turkish Courts within the scope of a protocol. Whether it is contested or uncontested, the courts give a detailed and reasoned judgment as a result of divorce cases.
Which Court is Authorized to Divorce Foreigners?
In divorce cases where at least one of the parties is a foreigner, Turkish international private law legislation and international agreements are applied together regarding the competent court.
If foreigners in Turkey want a divorce, the competent court is the place of residence of one of the spouses or the court of the place where they have lived together for the last six months before the lawsuit.
If one spouse is a Turkish citizen and the other spouse is a foreigner, the case is filed in the competent court in Turkey, in case of absence, in the court of the place of residence of the relevant person, or in the court of the last place they lived in Turkey if he/she doesn't have residence in Turkey. If these are not found, it will be opened in one of the courts in Ankara, Istanbul or Izmir.
Which Law Is Applied in the Divorce Case of Foreigners Seen in Turkey?
In divorce cases where at least one of the parties is a foreigner, a divorce decision is made according to the common national law of the spouses, if not, according to the law of common habitual residence, and finally, according to Turkish law. Since divorce is a matter of family law, the reference (renvoi) is taken into account and the applicable law is determined according to the conflict of laws rules.
Is Division of Property Decided in a Divorce Case?
In order to be able to divide property between spouses in Turkey, the divorce decision must be finalized. For this reason, the divorce case and the property division case cannot be seen together. If the property division case is filed at the same time as the divorce case, the court will wait for the divorce case to be finalized.
How to Do Division of Property of Spouses?
In cases where one or both of the spouses are foreigners, the parties can divide their property in Turkey. The parties can make a choice regarding the division of property. The parties can choose between the spouses' habitual residence law or the common national law. If the parties have made a choice of law, the property will be divided according to the law they have chosen.
If the parties do not choose a law, the common national law at the time of marriage of the spouses is applied. If the spouses do not have a common national law, the law of common habitual residence is applied. If there is no law of common habitual residence, Turkish Law will be applied.
If a different property regime is not chosen between spouses in Turkey, the regime of participation in acquired properties is applied. According to the regime of participation in acquired property, the properties acquired by the spouses after marriage are shared equally. Regardless of which law is applied regarding the property regime, the sharing of real estate in Turkey is made in accordance with Turkish Law.
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