The fact that a divorce decision has been made in divorce cases conducted in foreign countries means that the marriage contract of the spouses in respect of divorce in those countries has been terminated. However, in the event that a recognition and enforcement case has not been filed in our country on this issue, the marriage will not be completed. In other words, the fact that marriages have ended legally abroad does not mean that they have ended automatically in Turkey. People living abroad can apply to the court in those countries and get a divorce and make another marriage. However, this will not be possible because they seem to be married in Turkey. In order for this situation not to happen, a Recognition and Enforcement Case should be opened in Turkey. However, in this way, the marriages of married couples will also be deleted from the completed records in Turkey.
The parties are not obliged to come to Turkey for the Recognition and Enforcement Cases to be opened. For this reason, conducting transactions through lawyers can make it work much faster. It is important to prepare the legal documents correctly so that the transactions are carried out quickly and results are obtained in a short time. In order to issue a recognition and enforcement case decision in Turkey, a divorce decision of the country where the divorce was made is required first. In order for this decision to be valid, it must be issued by the court.
In most European Union countries, divorce decisions are made by the courts. However, in some countries, a divorce decision can also be made from municipalities. Divorce decisions not issued by the court will not have a provision in the Turkish courts. For this reason, the decision on divorce must be made by the court.
The decision to divorce must be made and the divorce must have taken place. The fact that the case is ongoing and the divorce case has been filed in this regard will not make it possible to file a recognition and enforcement case in Turkey. In addition, the finalized divorce decision documents must be apostille. In our country, these documents must be submitted to the courts and must be apostille in order to be accepted by the court.
The divorce decision and all necessary documents must be translated into Turkish by sworn translators. These translations and original documents must be approved at consulates. In the absence of these actions, it is not possible to open a Recognition and Enforcement Case in Turkey. From this point of view, in order to open a Recognition Enforcement Case, the following transactions and documents must be completed and transactions must be made.
The finalized divorce decision issued by the foreign courts where the divorce was made
This is the apostille of the divorce decision
Translations of the divorce decision and apostille by sworn translators
Approval of the divorce decision and apostille issued in foreign courts by the consulate
It is not necessary to come to Turkey to perform these operations. The recognition and enforcement case to be filed is not a divorce case and the parties do not need to be present. For this reason, lawyers can be authorized to prepare the documents and submit them to the court. Thus, transactions can be easily performed without any problems.
After the parties submit the divorce decision of the foreign court and the apostille commentary and power of attorney to the lawyer, the remaining work will be done in Turkey, and the marriage status will be easily reduced by the lawyer from the Population Directorate by taking a decision to grant Recognition.
