There must be a decision issued by a foreign court on civil cases.
This foreign court decision must be finalized in accordance with the law of the country in which it was issued.
There should be no obvious violation of public order.
Recognition and enforcement of the requested drug should be found with the country that gave the reciprocity.
The right to apply should not be used in violation of the honesty rule.
NEW REGULATION FOR DIVORCEES ABROAD
As a rule, the recognition and enforcement of a decision on divorce cases issued by a foreign court is carried out by an authorized and authorized court within the borders of the Republic of Turkey.
However, decisions on divorce, separation and annulment of marriage issued abroad, a foreign court decision on Article 27 / A added to the Population Services Law No. 5490 with Decree No. 690 dated 17/04/2017, were allowed to be registered in the authorized population register at home. For this, a number of conditions are listed in the relevant article of the law:
CONDITIONS FOR CONDUCTING A DIVORCE ABROAD WITH AN APPLICATION TO THE POPULATION
There must be a decision on the divorce, separation, annulment of the marriage or determination of the marriage granted in a foreign country.
This decision must be finalized in accordance with the law of the country in which it was made.
The parties must have participation together or through their representatives.Applying together is a must.
The relevant decision should not contradict the Turkish public order.
As it can be seen, before the aforementioned regulation was introduced, persons requesting recognition and enforcement should have applied to the Turkish judicial authorities. In the current regulation, if the parties act together and other conditions are met, registration can be requested directly to the authorized population directorate.
In accordance with the above explanations, recognition and enforcement of decisions on divorce, separation, annulment of marriage and determination of marriage, although attempts have been made to make it practical, are of a nature that will lead to a number of problems. As a matter of fact, it will not always be possible for population directorates carrying out administrative works and transactions to have a healthy assessment of whether the conditions required for recognition and enforcement have been met. For example, if it is necessary to give an example, it may take a long time to determine that the decision made by a foreign court has been finalized in accordance with the law of that country by the population directorate, taking into account that there are different legal systems, or it may be determined incorrectly. Even judicial authorities need the reasoning of a judge and lawyer who specializes in foreign law and is experienced in evaluating a decision obtained from a foreign court.
While the determination of a violation of public order is also a matter that can only be appreciated by the judicial authorities, it is likely that such a provision added to the legislation will have unhealthy consequences.
Authorized population directorates, Law No. 5490 m. As stated in 27/A/4, it will be determined in the regulation on procedures and principles to be issued by the Ministry of Internal Affairs and this regulation has not yet been published.
WHAT SHOULD BE DONE IF THE REQUEST FOR PROCESSING A DIVORCE ABROAD TO THE POPULATION IS REJECTED?
If the request for registration of decisions on divorce, separation, annulment of marriage and determination of marriage is rejected on the basis of non-compliance with the conditions specified in the article of the law, the parties will be able to request recognition and enforcement of the relevant decision by litigation in accordance with the provisions of the Law on Private International Law and Procedural Law No. 5718.
Accordingly, one of the parties whose request was rejected by the population directorate will be able to file for recognition or recognition of a divorce abroad in one of the courts of Istanbul, Izmir, Ankara, if there is no settlement in Turkey, this is the place where the person who is being asked for enforcement against him is a resident, if there is no such court. The court in charge of these cases will be the family court.
WHO CAN APPLY FOR PROCESSING A DIVORCE ABROAD TO THE POPULATION?
In accordance with the express wording of the article of the law, the participation of the parties together or through their representatives is stipulated. However, the current regulation does not answer who has the authority to apply if the parties are not right.
The operations of the population directorate are of an administrative nature. Administrative and legal authority to make the determination that executes business processes for the benefit of one of the parties of the right, since it is not possible in the absence abroad, which granted a divorce, separation, nullity of marriage and marriage decisions detection 5490 Law No. 27/A, in accordance with the registration can be done directly on the log of the population is not authorized by the provisions of the Family Court recognition and enforcement MOHUK the case will need to be opened.
WHAT ARE THE NECESSARY DOCUMENTS FOR PROCESSING A DIVORCE ABROAD FOR THE POPULATION?
A printed form issued by the petition /Ministry that contains a request for registration of a divorce decision in a foreign court related to the population register
An original and certified copy of the divorce decision of the foreign court whose registration has been requested
A notarized or consular certified translation of the divorce decision of the foreign court whose registration is requested
The original approved document, the registration of which indicates that the requested foreign court decision has been finalized
Indicates the finalization of the approved translation of the approved document
WHAT CAN BE DONE IF THE PARTIES CANNOT APPLY TOGETHER FOR THE OPERATION OF A DIVORCE ABROAD?
If the parties or their lawyers cannot apply to the Authorized Population Directorate or consulate together or if it is not possible to act jointly, it is necessary to open divorce recognition and enforcement cases abroad in accordance with the provisions of the MÖHUK.
It is possible to open recognition and enforcement cases and to open these cases no matter how long it has been since the provision was given abroad, as it will not be subject to the statute of limitations in terms of legal benefit.
Recognition and enforcement cases will be considered subject to a simple trial procedure.
Upon the decision of recognition and enforcement granted by the Competent Family Court, decisions on divorce, separation, annulment of marriage and determination of marriage obtained from abroad will also have the nature of final judgment in Turkey and will be able to be executed.
