We have provided detailed information in our other articles on the recognition and enforcement of divorce decisions on our website that the recognition and enforcement of divorce decisions made abroad are legally required, that the parties continue to appear to be married before the Turkish authorities if the recognition and enforcement case is not filed, and that their legal heirship status continues.
Although we have sufficiently emphasized that the possibility of rejection of the case without the obligatory documents in order to be able to file a recognition and enforcement case in terms of the International Private and Procedural Law Law is highly probable, we believe that it would be useful to state it with a sample Supreme Court decision due to the questions posed.
Below, we share the decision of the relevant legal department of the Court of Cassation on the issue of not providing the necessary documents with the list of necessary documents for the recognition and enforcement of divorce.
WHAT DOCUMENTS ARE REQUIRED TO OPEN A RECOGNITION-EXECUTION ACTION?
*Original of foreign court decision (divorce decision)
*Annotation or document and apostille showing that the divorce decision of the foreign court is finalized
*Translation of the divorce decision by a foreign court into Turkish by a sworn translator and having this translation approved by the Notary or Consulate
*Copy of passport and identity card
- If a power of attorney is to be given to the lawyer, “authority to file a case for recognition and enforcement of the divorce decision made abroad” in the illustrated divorce power of attorney and power of attorney.
