Recognition and Enforcement of Divorce Decrees – A Legal Guide for Turkish Citizens Living in Germany

By Av. Ümit Öz – Berlin

One of the most common legal issues faced by Turkish citizens living in Europe is the recognition and enforcement of foreign divorce decrees in Turkey.
This is not just a legal formality — it is a necessary step to exercise important rights such as inheritance, child custody, surname change, and property division.

In this guide, we explain the recognition and enforcement process in clear terms, highlight frequent mistakes, and offer practical advice for our citizens living in Germany and other parts of Europe.

1. What Is Recognition of a Divorce Decree?

“Recognition” (Tanıma) means that a divorce decree issued by a foreign court — for example, a German court — is acknowledged as legally valid within the Turkish legal system.
Without recognition, the person will still appear as married in Turkey’s official records.

2. What Is Enforcement (Tenfiz)?

“Enforcement” (Tenfiz) means making a foreign court decision legally enforceable in Turkey.
In most divorce cases, recognition alone is sufficient; however, if the judgment includes alimony, custody, or compensation orders, then enforcement is also required to make those parts executable in Turkey.

3. How to File for Recognition and Enforcement?

The recognition and enforcement of divorce decrees are handled by Turkish Family Courts.
The case can be filed by one or both spouses. If one party lives abroad, the process can be carried out by an attorney in Turkey through a power of attorney.

The following documents are usually required:

• The original or certified copy of the foreign court decision
• A finality certificate (proof that the decision is final)
• Apostille certification under The Hague Convention
• A certified Turkish translation

4. How Long Does the Process Take?

If both spouses apply together, the process usually takes 1–2 months.
In unilateral applications, service of notice to the other spouse may extend the process to up to one year.
Therefore, mutual cooperation between the parties often provides the fastest solution.

5. Why Is Professional Legal Support Important?

The recognition and enforcement process is technical and requires attention to detail, as each country has different document standards and formal procedures.
Applications are frequently rejected due to missing documents, incorrect translations, or improperly issued powers of attorney.

Working with an experienced lawyer ensures that the process is handled accurately, efficiently, and without legal risks.

6. Common Mistakes in Recognition and Enforcement Cases

• Filing before obtaining the finality certificate
• Apostille issued in the wrong country
• Incorrect or incomplete translation
• Filing the case at the wrong court
• Outdated address information or lack of legal representation

Such mistakes can delay or even lead to the rejection of the case.

7. Can the Process Be Completed Without Traveling to Turkey?

Yes, it is possible.
Turkish citizens living in Germany can issue a power of attorney through the Notary Section of the Turkish Consulate in Berlin (or another city) and complete the entire process without traveling to Turkey.

With this power of attorney, your lawyer can both file the case and ensure that the finalized judgment is registered with the Turkish civil registry.

Conclusion

Turkish citizens who have divorced abroad must complete the recognition and enforcement process in Turkey to be officially considered divorced in Turkish records.
Carrying out this process with the correct documents, proper timing, and professional legal assistance is crucial to avoid unnecessary delays and complications.

Legal Assistance & Contact

For professional legal support in recognition and enforcement of foreign divorce decrees in Turkey, you can contact my Berlin law office.