Table of Contents

1. Can two foreign nationals file for divorce in Turkey?
2. Which Turkish court has jurisdiction when neither spouse is a Turkish citizen?
3. Does a foreign marriage have to be registered in Turkey first?
4. Can a Turkish court refuse the case because the marriage conflicts with public policy?
5. Which country's law governs a divorce between two foreigners?
6. What documents do foreign spouses need?
7. How does the process work step by step?
8. Will a Turkish divorce judgment be recognized in the spouses' home country?
9. Frequently asked questions
10. Precedent decision of the Court of Cassation

⚠️ Point to Watch: What "domicile" means

Under Article 19 of the Turkish Civil Code, domicile is the place where a person lives with the intention of staying permanently. Courts look at the real picture: how long the person has lived in Turkey, the type and duration of the residence permit, housing, work, family and school ties. A short visit, a tourist stay, or a short-term permit with no other ties may be treated as insufficient. Article 41 of MÖHUK, which opens Turkish courts to personal-status cases of Turkish citizens, does not help two foreign spouses.

ℹ️ Annulment and divorce are different cases

The grounds for absolute nullity are listed in Article 145 of the Turkish Civil Code: an existing marriage at the time of the wedding, permanent lack of capacity to discern, a mental illness that bars marriage, and a degree of kinship that bars marriage. None of these is examined automatically inside a divorce case. A divorce judgment does not replace an annulment judgment, and the two cases have different consequences for the spouses and the children.

ℹ️ Dual nationals, refugees and stateless persons

Article 4 of MÖHUK sets special rules where the nationality of a spouse is unclear. A person who also holds Turkish citizenship is treated as a Turkish national. A person with several foreign nationalities is governed by the law of the country with which the closest connection exists. Stateless persons and refugees are governed by the law of their domicile, and failing that, their habitual residence.

⚠️ Point to Watch: Check before filing

Spouses who share a nationality should confirm with a lawyer in their home country that a Turkish divorce will be recognized there. This is especially important when the home country's law governs the divorce, or when proceedings are already pending abroad.

REPUBLIC OF TÜRKİYE
COURT OF CASSATION (YARGITAY)
2nd Civil Chamber

Case No. (Esas): 2025/5548
Decision No. (Karar): 2026/4435
Date of Decision: 21-04-2026

DIVORCE CASE – IT IS SUFFICIENT FOR FOREIGNERS WHO HAVE NO CONNECTION WHATSOEVER WITH TURKISH CITIZENSHIP TO DOCUMENT THEIR IDENTITIES AND THE FACT THAT THEY ARE MARRIED IN ORDER TO FILE A DIVORCE CASE – REVERSAL OF THE JUDGMENT

SUMMARY: The plaintiff has filed a divorce case based on the legal ground of “breakdown of the marriage union” (Article 166 of Law No. 4721). The plaintiff has a legal interest (Article 114/1-h of the Code of Civil Procedure No. 6100) in filing the divorce case, and there is no statutory provision that would prevent this case from being heard. It is sufficient for foreigners who have no connection whatsoever with Turkish citizenship to document their identities and the fact that they are married in order to file a divorce case; it cannot be expected that this information be recorded in the population registers of our country. In this situation, what the relevant court must do is to treat the case as a divorce case based on the ground of breakdown of the marriage union (Article 166 of Law No. 4721), to collect all the evidence in line with the claims and defences of the parties, and to render a decision on the merits of the case. For this reason, the dismissal of the case on procedural grounds by the court is contrary to procedure and law, and it was decided to reverse the judgment under appeal.

(Law No. 6100, Art. 114, 115) (Law No. 4721, Art. 124, 145, 148, 152, 156, 157, 158, 161, 166) (Law No. 5718, Art. 2, 14) (2nd Civil Chamber, 03.05.2011, 2011/4235 E., 2011/7649 K.)

In the case between the parties, the judgment rendered at the end of the proceedings by the Civil Chamber of the Regional Court of Appeal, whose date and number are indicated above, was appealed on points of law by the plaintiff wife's counsel in its entirety, with a request for a hearing. Following the preliminary examination as to finality, time limit, appeal requirements and other procedural deficiencies, it was decided that a hearing be held on 23.03.2026 and that the date of the hearing be notified to the parties by summons.

On the appointed day, the defendant's counsel, Attorney ..., who requested a hearing with a response to the appeal petition, and the plaintiff's counsel, Attorney ..., the opposing party who appealed, attended. After their oral statements were heard, on the day found appropriate for examining the matter and deciding it, the report prepared by the Rapporteur Judge was heard, the documents in the file were examined, and the matter was considered:

The case concerns the claim for divorce based on the legal ground of “breakdown of the marriage union” regulated in the first paragraph of Article 166 of the Turkish Civil Code No. 4721 (Law No. 4721). At the end of the proceedings conducted by the Court of First Instance, the case was dismissed on procedural grounds on the reasoning that "...Since the parties are foreigners, there are no population records for them in Türkiye. Moreover, Article 21, paragraph 1 of the Population Services Implementation Regulation dated 09.05.2020 and numbered 31122, titled 'Registration of the population events of persons with multiple nationalities', contains the provision that 'in order for changes in personal status made by persons with multiple nationalities with the identity of another state whose nationality they hold to be registered in the family registers, the event requested to be registered must have taken place in accordance with Turkish law'. Therefore, even if a marriage were registered in the population records in violation of the legislation and the law, the registration would be unlawful. For this reason, an action for the correction of the population record may be brought before the general courts for the cancellation of the unlawful registration. According to Article 145/1 of the TCC, one of the spouses being married at the time of marriage is a ground for absolute nullity. Although the parties concluded an official marriage under Egyptian law, since the provision of the competent foreign law permitting marriage to more than one woman or man is incompatible with the Turkish understanding of general morals and decency, it is manifestly contrary to Turkish public order. Since there is no marriage between the parties of a nature that the Turkish legal system could recognize, the case filed by the plaintiff against the defendant was dismissed on procedural grounds pursuant to Articles 114/1-h and 115/2 of the Code of Civil Procedure..." The decision was appealed (istinaf) by the plaintiff wife's counsel; the Regional Court of Appeal, which conducted the appeal review, dismissed the plaintiff wife's counsel's appeal on the merits, and the decision was appealed on points of law by the plaintiff wife's counsel in its entirety.

First of all, it must be stated that marriage is a contract specific to family law. It is mandatory that this contract be concluded in accordance with the legal conditions laid down by the legal order. Otherwise, the marriage may face the sanctions of non-existence and nullity (invalidity).

As in all contracts, where there is a deficiency in the constitutive elements of the marriage contract, the marriage contract is deemed non-existent. Under Turkish law, the non-existence of a marriage arises where persons of the same sex marry each other, where the marriage has been conducted before a person who is not a marriage officer, or where both parties have not been personally present before the marriage officer and declared, at the same time, their will to marry each other. Moreover, according to the Court of Cassation, a marriage contract concluded before even the age of sixteen, the extraordinary age for marriage (Article 124/2 of Law No. 4721), has been completed is likewise non-existent (2nd Civil Chamber, 03.05.2011, E: 2011/4235-K: 2011/7649). The non-existence of a marriage is not regulated in the statute but has been accepted in doctrine and practice. No action is required for the annulment of a marriage that is non-existent, because a non-existent marriage has never come into being in the legal world. However, in some cases a declaration of the non-existence of the marriage may be requested from the court. For example, interested persons may request a declaration of non-existence in order to have a marriage that is non-existent but has somehow been entered into the population register removed from the records. In this case, the court rules not for the annulment of the marriage but for the declaration of its non-existence. The non-existence of a marriage may be asserted by interested persons at any time (without any time limit) and is also taken into account by the court on its own motion in any action brought. For example, in a divorce case, the judge who determines the non-existence of the marriage must, taking this into account on his own motion, rule not for divorce but for the declaration of the non-existence of the marriage.

The nullity (invalidity) of a marriage is regulated in Law No. 4721 as absolute and relative nullity, on a limited number of grounds. Article 145 of Law No. 4721 provides: “In the following cases the marriage is void by absolute nullity: 1. One of the spouses being married at the time of the marriage, 2. One of the spouses lacking, at the time of the marriage, the capacity to discern due to a permanent cause, 3. One of the spouses suffering from a mental illness to a degree that is an impediment to marriage, 4. The existence between the spouses of a degree of kinship that is an impediment to marriage.” Article 146 of the same Law provides: “The action for absolute nullity is brought ex officio by the public prosecutor. This action may also be brought by anyone with an interest.” The relative nullity of the marriage is regulated in Articles 148 et seq. of Law No. 4721. According to Article 156 of the same Law, “A void marriage ends only by the decision of the judge. Even in the case of absolute nullity, the marriage produces all the consequences of a valid marriage until the decision of the judge.”

The consequences of a nullity decision for the spouses and children are also expressly regulated in Law No. 4721. Accordingly: “Children born of a marriage annulled by the court are deemed to have been born within the marriage, even if the mother and father were not in good faith. The provisions on divorce apply to the relations between the children and the mother and father” (Article 157 of Law No. 4721). “If the annulment of the marriage is ordered, the spouse who was in good faith at the time of the marriage retains the personal status he or she has acquired through this marriage. The provisions on divorce apply to the liquidation of the property regime between the spouses, compensation, alimony and surname” (Article 158 of Law No. 4721).

The absolute nullity of a marriage is closely concerned with public order, whereas the relative nullity of a marriage has no relation to public order. Moreover, while the action for the relative nullity of the marriage to be brought by the spouses is limited by the forfeiture periods of six months and five years (Article 152 of Law No. 4721), the right to bring an action for the absolute nullity of the marriage is not limited by any period.

Unlike transactions in the law of obligations, even if the judge determines, in another pending case (for example, a divorce case), the existence of grounds requiring the nullity of the marriage, the judge cannot rule for nullity by taking them into account on his own motion. This is because, for the elimination (annulment) of a marriage tainted by nullity, an action brought in this direction is absolutely necessary (Prof. Dr. Mustafa Dural-Prof. Dr. Tufan Öğüz-Prof. Dr. Mustafa Alper Gümüş, Türk Özel Hukuku, vol. III, Istanbul 2023, p. 81, no: 430; Prof. Dr. Mehmet Erdem-Prof. Dr. Aslı Makaracı-Başak, Aile Hukuku, Ankara 2022, p. 93; General Assembly of Civil Chambers (YHGK), 02.11.2011, E: 2011/7-695-K: 2011/673). Otherwise, even a marriage tainted by absolute nullity continues to exist until the final decision of the judge and produces all the consequences of a valid marriage (Article 156 of Law No. 4721).

The provisions on divorce are regulated in Articles 161 et seq. of Law No. 4721.

While at it, the law applicable to the marriage transaction, divorce and annulment-of-marriage cases of persons with an element of foreignness (having no connection whatsoever with Turkish citizenship) must also be addressed. According to Article 2 of the Law on Private International and Procedural Law No. 5718 (Law No. 5718), titled application of foreign law, “(1) The judge applies ex officio the Turkish conflict-of-laws rules and the foreign law that is competent according to these rules.” According to Article 13, titled marriage and its general effects, “(1) The capacity to marry and the conditions of marriage are subject to the national law of each of the parties at the time of marriage. (2) The law of the country where it is concluded applies to the form of the marriage. (3) The general effects of the marriage are subject to the common national law of the spouses. If the parties are of different nationalities, Turkish law applies in the absence of a common habitual residence law.” According to Article 14 of Law No. 5718, titled Divorce and separation, “(1) The grounds and effects of divorce and separation are subject to the common national law of the spouses. If the parties are of different nationalities, the law of the common habitual residence applies; in its absence, Turkish law applies. (2) The provision of the first paragraph applies to alimony claims between divorced spouses. This provision also applies in the case of separation and annulment of marriage. (3) Custody in divorce and issues relating to custody are likewise subject to the provision of the first paragraph. (4) Turkish law applies to requests for interim measures.”

The present case must be evaluated on the basis of the principles and statutory provisions explained above. In the concrete case, the plaintiff wife is an Egyptian citizen and the defendant husband is a citizen of Saudi Arabia, and they have no connection whatsoever with Turkish citizenship. It is understood that the parties married on 04.04.2007 according to the official document issued in Egypt, of which the plaintiff wife is a citizen, and that they have two common children. There is also no foreign court judgment on the parties' divorce whose recognition or enforcement has been ordered in our country. The parties are citizens of different countries. Therefore, the parties have no common (joint) national law. However, the parties have been living in Türkiye since 2012. In this situation, the parties' common habitual residence is Türkiye, and Turkish law must be applied in the present case (Article 14/ of Law No. 5718).

Undoubtedly, under Turkish law, a person's marrying another person while being married is a ground for absolute nullity (Article 145/1 of Law No. 4721), and such a situation constitutes a manifest contradiction to Turkish public order. However, even if a marriage is void by absolute nullity, it continues to exist like a valid marriage until the nullity decision to be given by the judge (Article 156 of Law No. 4721). It is not possible for the court to assess on its own motion whether the marriage is void by absolute nullity. In the concrete case, there is also no action filed for the annulment of the marriage on the ground of absolute nullity. On the contrary, the plaintiff has filed a divorce case based on the legal ground of “breakdown of the marriage union” (Article 166 of Law No. 4721). The plaintiff has a legal interest (Article 114/1-h of Law No. 6100) in filing the divorce case, and there is no statutory provision that would prevent this case from being heard. It is sufficient for foreigners who have no connection whatsoever with Turkish citizenship to document their identities and the fact that they are married in order to file a divorce case; it cannot be expected that this information be recorded in the population registers of our country.

In this situation, what the court must do is to treat the case as a divorce case based on the ground of breakdown of the marriage union (Article 166 of Law No. 4721), to collect all the evidence in line with the claims and defences of the parties, and to render a decision on the merits of the case. For this reason, it was necessary to reverse the judgment under appeal, as the dismissal of the case on procedural grounds by the court is contrary to procedure and law.

DECISION

For the reasons explained;

1. The decision of the Regional Court of Appeal dismissing on the merits the appeal (istinaf) request against the decision of the Court of First Instance, which is the subject of the appeal on points of law, is SET ASIDE,

2. The decision of the Court of First Instance is REVERSED; given the nature of the reversal, there is no need at present to examine the other appeal requests,

3. An attorney's fee of TL 40,000.00 shall be collected from the defendant ... and given to the plaintiff ..., who was represented by counsel at the hearing.

The appeal decision fee collected in advance shall be refunded to the appellant upon request.

The file is to be sent to the Court of First Instance, and a copy of the decision to the Regional Court of Appeal.

Decided by majority on 21.04.2026.

DISSENTING OPINION

I do not agree with the opinion of the esteemed majority in favor of reversal, since I am of the opinion that, in view of the evidence collected and the entire case file, the decision of the Regional Court of Appeal, which is found to be in accordance with the law, should be upheld.

✅ Conclusion: What Should You Do?

Two foreign spouses can divorce in Turkey when a Turkish court has jurisdiction, the identities and the marriage are documented, and the applicable law is identified correctly. Before filing, it helps to confirm the domicile or six-month shared-home link, gather apostilled and translated documents, and check how the judgment will be treated in the home country. Maya Avukatlık Bürosu reviews cross-border divorce files; the file can be submitted through the contact page.

Send Your File via the Contact Page

"The information in this article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every case must be assessed under its own specific circumstances. Please consult a qualified lawyer before taking any legal step."