This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Yabancı Mahkeme Kararlarının Tanınması ve Tenfizi.
There are two routes for giving a foreign judgment effect in Turkey: recognition and enforcement. Recognition accepts the judgment as res judicata; enforcement additionally makes it executable. Judgments that must be executed — maintenance, for example — require enforcement; if you only want a divorce registered in the civil records, recognition is enough.
You divorced abroad but still appear married in Turkey. Or you want a foreign maintenance order enforced here. MÖHUK means the Act on Private International Law and Procedure No. 5718.
Recognition and Enforcement
Recognition (art. 58): the acceptance of a foreign judgment as conclusive evidence or res judicata. It gives the judgment legal effect in Turkey but not executability.
Enforcement (art. 50): judgments of foreign courts in civil matters, final under the law of that state, may be executed in Turkey only on an enforcement decision of the competent Turkish court.
The practical distinction: to have a divorce entered in the civil records, recognition suffices. To have an obligation such as maintenance or damages executed, enforcement is required.
Both can be sought for the same judgment — recognition of the divorce and enforcement of the maintenance provision.
| Recognition | Enforcement | |
|---|---|---|
| What it gives | Force of res judicata | Res judicata and executability |
| When it suffices | Registering a divorce in the civil records | Maintenance, damages and other executable provisions |
| Competent court | Family court (in divorce) | Family court (in divorce) |
| Territorial jurisdiction | Place of residence; failing that Ankara, Istanbul or Izmir | The same |
| Finality of the judgment | Required | Required |
| Apostille / legalisation | Required | Required |
| Review of the merits | None | None |
A foreign divorce can also be registered directly at the civil registry in defined circumstances — faster than an action, but only for judgments that meet the conditions.
The Conditions
MÖHUK art. 54 lists the conditions for enforcement:
- Reciprocity — an agreement on a reciprocal basis between Turkey and the state of the judgment, or a provision of law or a practice in that state permitting the enforcement of Turkish judgments;
- The judgment must not concern a matter within the exclusive jurisdiction of the Turkish courts and, if the defendant objects, must not have been given by a court that assumed jurisdiction without a genuine connection to the subject matter or the parties;
- The judgment must not be manifestly contrary to public policy;
- The right of defence must have been respected — the person against whom enforcement is sought must not have been improperly summoned or unrepresented, or have had judgment given against them in absentia contrary to those laws.
For recognition (art. 58): the enforcement conditions apply except reciprocity. The absence of the reciprocity requirement makes recognition considerably easier.
The judgment must also be final and carry a certificate of finality.
Court and Documents
Competent court: the civil court of first instance; in family matters, the family court.
Territorial jurisdiction: the court of the residence in Turkey of the person against whom enforcement is sought, failing that of their place of stay; if they have neither, one of the courts of Ankara, Istanbul or Izmir.
Documents to attach (art. 53):
- The original of the foreign judgment duly certified by the authorities of that country, or a copy certified by the court that gave it, with a certified translation;
- A document showing that the judgment has become final, duly certified by the authorities of that country, with a certified translation.
Certification is by apostille under the Hague Convention to which Turkey is a party, or by consular legalisation.
Recognition and enforcement actions are heard under the simplified procedure, and the decision is subject to appeal.
The Faster Route for a Divorce
There is a significant simplification for divorce judgments.
Under the Civil Registry Services Act No. 5490, decisions of foreign judicial or administrative authorities on divorce, annulment or the existence of a marriage are entered in the civil registry provided that the parties apply together, in person or through representatives, and that the decision is final and not manifestly contrary to Turkish public policy.
The application is made directly to the civil registry office or a consulate, without a court action.
But the condition matters: the parties must apply together. If the other party will not, or cannot be reached, a recognition action must be brought.
This route registers only the divorce. Maintenance, custody and damages provisions still require enforcement to be executed.
Common Problems
- No certificate of finality. Without it the action is dismissed.
- Missing apostille. Failure to follow the certification procedure is a frequent defect.
- Translation. A certified translation by a sworn translator is required.
- Public policy objection. Custody and maintenance provisions inconsistent with fundamental principles of Turkish law are argued over — but the public policy exception is construed narrowly; mere difference from Turkish law is not enough.
- Right of defence objection. The defendant may resist enforcement on the ground that they were not properly summoned before the foreign court.
Make sure the documents are complete and properly certified before filing; an action started with defective documents costs both time and money.
A foreign divorce judgment can be entered directly in the civil registry where the parties apply together and the judgment is final and not manifestly contrary to public policy. Maintenance and custody provisions still require an enforcement decision.
Frequently Asked Questions
What is the difference between recognition and enforcement?
Recognition accepts the judgment as conclusive evidence or res judicata. Enforcement additionally makes it executable in Turkey.
Is reciprocity required for recognition?
No. Recognition does not require reciprocity; the other enforcement conditions apply.
Which court hears it?
The civil court of first instance, or the family court in family matters. Territorially, the other party's residence; failing that, Ankara, Istanbul or Izmir.
I divorced abroad — am I single in Turkey?
Not until the judgment is recognised or registered. Where both parties apply together, direct registration in the civil registry is possible.
What documents are needed?
The certified original or copy of the judgment and the certificate of finality, with certified translations of both, legalised by apostille or consular certification.