Australia – Türkiye – Istanbul Lawyer: Enforcing Australian Judgments, Divorce Registration, Inheritance and Property Matters

Turkish citizens, dual citizens and foreign nationals with matters in Türkiye who live in Australia often deal with two legal systems at once in divorce, inheritance, debt, property and family law files. A decision may be issued by an Australian court, yet the practical result is needed in Türkiye: at the population registry, the land registry or the enforcement office.

The bilateral agreement on the residence and employment of Turkish citizens in Australia dates from 1967, so migration and family ties between the two countries go back several decades. Maya Avukatlık Bürosu (Maya Law Office) operates in Kartal, on the Anatolian side of Istanbul. The office has no branch in Australia; where necessary it cooperates with Australian counsel and foreign firms. It also handles Turkish files for Turkish citizens living abroad and for foreign clients. Services are provided in Turkish and English.

Recognition and Enforcement of Australian Court Judgments in Turkey

A judgment issued by an Australian court cannot be enforced in Turkey on its own, even if it is final. A competent Turkish court must issue a recognition or enforcement decision. The procedure is regulated by Articles 50 to 59 of Law No. 5718 on Private International and Procedural Law (MÖHUK).

Recognition vs. Enforcement

• Recognition: the judgment is accepted in Turkey as res judicata or conclusive evidence, for example so that an Australian divorce is also valid in Turkey (Art. 58).
• Enforcement: the judgment becomes enforceable in Turkey, for example an alimony or debt award that can be pursued through an enforcement office.
• An enforcement decision also covers recognition.
• A Turkish court does not re-examine the merits of the Australian judgment; it only checks whether the conditions for recognition and enforcement are met.

Competent Court

• The court of first instance with general civil jurisdiction (asliye hukuk mahkemesi) is generally competent (MÖHUK Art. 51). In family law matters, the family court is competent.
• Venue is generally the defendant's place of residence in Turkey. If the defendant has no residence in Turkey, the courts of Ankara, Istanbul or Izmir may come into play.
• Anyone with a legal interest in enforcement may file a petition (MÖHUK Art. 52).

Conditions, Required Documents (Apostille and Translation) and Time Limits

Conditions (MÖHUK Art. 50 and 54)

• The judgment must be issued by an Australian court in a civil matter.
• The judgment must be final under the law of the place where it was issued.
• Reciprocity must exist. It is not required for recognition (MÖHUK Art. 58).
• The subject must not fall within the exclusive jurisdiction of Turkish courts.
• The judgment must not be manifestly contrary to Turkish public order.
• The defendant's right of defence must have been respected.

Decisions of the Turkish Court of Cassation (Yargıtay) also guide the review of these conditions.

Required Documents

• Original or certified copy of the Australian judgment
• Certificate showing that the judgment is final (has taken effect)
• The judgment bearing an apostille
• Sworn Turkish translation of the judgment
• Power of attorney, identity and address details

Time Limits

Rather than relying on a fixed rule, each file is assessed by considering the date the judgment became final, limitation periods and the state of the evidence. Delay may cause documents to become outdated and invite objections. Applying promptly after finalisation is therefore recommended. The exact time limit should be confirmed after the file is reviewed.

Enforcement Process in Turkey

Validity of an Australian Divorce Order in Turkey and Registration with the Population Registry

In Australia, divorce is decided by the Federal Circuit and Family Court of Australia under the federal Family Law Act 1975. The system is no-fault: the marriage must have broken down irretrievably and the spouses must have been separated for at least 12 months. Either spouse must be an Australian citizen, regard Australia as their permanent home, or have ordinarily lived in Australia for the 12 months before filing. The application can be sole or joint. If there are children under 18, the court will not grant a divorce unless it is satisfied that proper arrangements have been made for them. The divorce order takes effect one month and one day after it is made.

Until the order is recorded in the Turkish registers, it may not produce effects in Türkiye. There are three distinct routes:

Conditions for Consular Registration

• The "Regulation on Registration of Decisions Given by Foreign Judicial or Administrative Authorities in the Population Registry" (Official Gazette No. 30325, 7 February 2018) applies (Law No. 5490, Art. 27/A).
• The decision must be final and not manifestly contrary to Turkish public order.
• If a Turkish court case concerning the same divorce has been decided, rejected or is pending, a consular application cannot be made.
• The application is made by the parties in person or through representatives holding a notarised special power of attorney. The spouses can apply together or separately, with no more than ninety days between the applications.
• For dual citizens, a decision obtained under the Australian identity can only be registered if the multiple citizenship is recorded in the Turkish population records. Otherwise the application is rejected.
• The required documents include the apostilled original of the decision, an apostilled Turkish translation by a NAATI-accredited translator, identity documents, a document showing that no Turkish court case is pending or rejected, and the application and information forms signed at the consulate.

Australian Succession Law, Probate and Heirship Procedures in Turkey

Succession law in Australia is state and territory law, not federal law. Probate, the validity of wills and family provision claims differ between states. The estate of a person with assets in both Australia and Türkiye therefore runs under two separate systems.

Under MÖHUK Article 20, succession in Turkish law is generally governed by the national law of the deceased, but Turkish law applies to immovables located in Türkiye. On the Australian side, movable assets are governed by the law of the deceased's domicile and immovables by the law of the place where they are located. A single document or a single case may therefore not resolve the entire estate.

Common Inheritance Files

• Transfer of immovables in Türkiye to heirs (certificate of inheritance, Turkish Civil Code Art. 598)
• Use of an Australian grant of probate or letters of administration in Türkiye
• Use of a Turkish certificate of inheritance for assets in Australia
• Annulment of a will and reduction actions (tenkis) for forced-heirship violations
• Assessing Australian family provision claims together with Turkish forced-heirship claims
• Claims of sham transfers to defeat heirs (muris muvazaası) and termination of co-ownership

A Turkish certificate of inheritance should not be expected to be accepted directly in Australia. A grant of probate or letters of administration from a state court, or resealing of a foreign grant, may be required. Likewise, whether an Australian document is accepted for land registry and banking procedures in Türkiye depends on formal requirements, apostille and translation. Review of the file before taking any step is recommended.

Debt Recovery and Enforcement Between Australia and Türkiye

The route a creditor takes depends on the type of document held and the country where the debtor's assets are located:

• Final Australian judgment: after an enforcement decision, enforcement based on a judgment (ilamlı icra) is started in Türkiye.
• Promissory note, cheque, invoice or contract: an enforcement proceeding without a judgment (ilamsız icra) is started in Türkiye; if the debtor objects, an action to annul the objection is filed.
• Debtor's assets in Türkiye: attachment and, where appropriate, precautionary attachment are considered.
• Debtor's assets in Australia: a separate proceeding is planned in Australia.

A foreign judgment for which an enforcement decision has been issued is enforced like a judgment of a Turkish court. To succeed in collection, the debtor's assets in Türkiye (real estate, bank accounts, vehicles, receivables) should be researched in advance.

Using a Turkish Judgment in Australia

Australia's Foreign Judgments Act 1991 allows registration of foreign money judgments only from the superior courts of countries listed as reciprocating in the Foreign Judgments Regulations 1992. Türkiye does not appear among those countries; the current list should be confirmed against Australian legislation. For a Turkish money judgment, a fresh action before an Australian court that treats the foreign judgment as a debt (the common law route) therefore comes into play.

• The foreign court must have had jurisdiction under Australian private international law (for example, the defendant was present there or submitted to its jurisdiction)
• The judgment must be final and conclusive
• The claim must be for a fixed or readily calculable sum of money
• The parties must be the same as in the Turkish proceedings

The defendant may argue that the judgment was obtained by fraud, that the right to be heard was violated, or that enforcement is contrary to Australian public policy. Advice from a qualified lawyer in Australia is needed on limitation periods and state procedural rules.

Child Custody and International Child Abduction (Hague Convention)

The 1980 Hague Convention on the Civil Aspects of International Child Abduction has been in force between Türkiye and Australia since 1 August 2000. In Türkiye the Convention is applied under Law No. 5717. In Australia, Hague applications are heard by the Federal Circuit and Family Court of Australia, and the central authority is the Attorney-General's Department.

• The Convention governs the return of the child to the country of habitual residence; it does not decide custody on the merits.
• Under Article 12 of the Convention, where proceedings start before one year has passed, the child's immediate return is the rule. After that period, it may be argued that the child has settled in the new environment.
• The exceptions in Article 13 (for example, a grave risk to the child) may be raised as defences to return.
• Applying a custody, personal contact or child support decision in Türkiye requires a separate enforcement case.

Property Matters: Australians Buying in Türkiye and Investing in Australia

Acquisition of immovable property by foreign individuals in Türkiye is governed by Article 35 of the Land Registry Law No. 2644. The reciprocity requirement was abolished by Law No. 6302 in 2012; acquisition is subject to area and zone limits.

• The total of immovables and limited real rights acquired may not exceed 30 hectares per person nationwide; the President may raise this limit up to twice that figure.
• At district level, the total property of foreigners may not exceed ten percent of the district's surface area.
• Acquisition is not possible in military prohibited zones, military security zones and special security zones; a check is made during the transfer.
• Current rules and limits regarding nationality should be confirmed with the land registry office at the time of the transaction.

Pre-Purchase Checklist

• Nature of the title deed, mortgages, attachments and annotations
• Terms of the sale promise contract and the payment plan
• Completion of the military and security zone check
• Contractor and construction contract terms for off-plan purchases
• Tax and fee obligations

Disputes arising from sale promise and construction contracts may lead to claims for title deed cancellation and registration, termination of the contract or compensation.

Buying Property in Australia

Residential purchases by foreign persons in Australia require Foreign Investment Review Board (FIRB) approval. Between 1 April 2025 and 31 March 2027, foreign persons, temporary residents and foreign-owned companies cannot buy established dwellings unless an exception applies. Australian citizens and permanent residents are not affected by the ban. Whether the ban will be extended beyond 2027 is under review; the current position should be confirmed before any transaction.

Practice Areas

Maya Avukatlık Bürosu provides legal support in the following areas for Australia–Türkiye files:

In criminal matters, extradition and mutual assistance requests under Law No. 6706 on International Judicial Cooperation in Criminal Matters and the Türkiye–Australia Extradition Treaty are assessed separately for each file.

Istanbul-Based Services and Cooperation with Foreign Firms

Maya Avukatlık Bürosu operates in Kartal, on the Anatolian side of Istanbul. The office serves Turkish citizens living abroad and foreign clients in their Turkish files. Services are provided in Turkish and English.

The office has no branch in Australia. For steps that must be taken before Australian courts or institutions, cooperation with Australian counsel can be arranged where necessary. Such cooperation is set up according to the nature of the file and with the client's knowledge.

A power of attorney can be issued at a Turkish consulate general or prepared in Australia through notarisation and an apostille; the suitable method depends on the type of transaction. Because of the time difference between Australia and Türkiye, written communication and pre-scheduled online meetings can be used.

The following documents are usually enough for an initial assessment:

• The Australian court judgment (the apostilled copy, if available), or a copy of the case file
• Identity or passport details; for dual citizens, Turkish population registry details
• Title deed, contract, grant of probate or will
• Correspondence between the parties and payment records

You can send your documents through the contact page.

Australia – Türkiye Legal Relations: 17 Common Issues

1. Managing Australian and Turkish Cases under Private International Law

MÖHUK determines the competent court, the applicable law and the recognition and enforcement of judgments in cross-border disputes. Each file starts with three questions: Which country's court is competent? Which country's law applies? Can the judgment be recognised and enforced in the other country? Because family law is federal and succession law is state-based in Australia, the answers differ from file to file.

2. Divorce Proceedings in Australia and Their Effect in Türkiye

Divorce in Australia is no-fault and requires at least 12 months of separation. Once the order takes effect, a registration or recognition step is needed for it to be reflected in Turkish records.

3. Consular Registration or Recognition Case?

If only the end of the marriage needs to be recorded and the conditions are met, consular registration may be suitable. If a Turkish case exists, the multiple citizenship is not shown in the population records, or the registration application is refused, the court route comes into play.

4. Preparing the File for a Recognition and Enforcement Case

The apostilled judgment, the finality certificate, a sworn translation, a power of attorney and identity details are prepared. The translation and certification method is checked against the authority concerned.

5. Property Division and Consent Orders

In Australia, property division can be arranged through an application separate from the divorce, or through court orders based on the parties' agreement (consent orders). Applying these orders to immovables and accounts in Türkiye requires a separate review of the enforcement conditions, exclusive jurisdiction and public order.

6. Inheritance Rights of Divorced Spouses

If the divorce is not recognised in Türkiye, the spouses may still appear married in the records. When one of them dies, this can lead to disputes over heirship status. The recognition or registration step should therefore not be postponed.

7. Australian Succession Law and Probate

Probate (court confirmation of a will) and letters of administration (authority to administer an estate where there is no will) are granted by state courts. Banking and land transactions concerning assets in Australia may not be possible without such a document.

8. Transfer of Inheritance and Certificate of Inheritance in Türkiye

In Türkiye, a certificate of inheritance is obtained from a notary or a civil court of peace, inheritance and transfer tax procedures are completed, and then the land registry and bank transfers are carried out. In cases with a foreign element, the court route may be required.

9. Using an Australian Will in Türkiye

The will's compliance with formal requirements, its apostille and its translation are checked. For immovables in Türkiye, the forced-heirship limits of Turkish law cannot be exceeded; if they are, a reduction action may follow.

10. Family Provision Claims and Forced Heirship

Under Australian state law, relatives such as a spouse or children may ask the court for a larger share if the will leaves them inadequate provision. The Turkish system of forced heirship and reduction actions is separate; both may arise in the same estate.

11. Taxes and Fees in the Two Jurisdictions

In Türkiye, inheritance and transfer tax is subject to tariffs and exemptions that are updated every year. The tax consequences in Australia require a separate assessment. Current rates and filing deadlines should be confirmed at the time of the transaction.

12. Australians Acquiring Property in Türkiye

Acquisition is subject to the area and zone limits in Article 35 of the Land Registry Law. Acquisition is not possible in military and special security zones. Current conditions should be confirmed with the land registry office at the time of the transaction.

13. Acquiring Property in Australia from Türkiye

Foreign persons need FIRB approval, and until 31 March 2027 the purchase of established dwellings is generally banned. Australian citizens and permanent residents are not affected by the ban.

14. Lease Agreements and Eviction

Lease and eviction disputes concerning property in Türkiye are heard in Türkiye under the Turkish Code of Obligations. Lease relationships in Australia are governed by state legislation.

15. Custody and Child Support

The best interests of the child are decisive in custody arrangements. For an Australian custody, personal contact or child support decision to be applied in Türkiye, enforcement is required. Because child support in Australia can also be set through an administrative system, the nature of the document is reviewed separately.

16. Child Abduction and Return

The Hague Convention has been in force between Türkiye and Australia since 1 August 2000. Time is critical in these cases, so action should be taken without delay.

17. Concluding Australian Cases in Türkiye

If the result of an Australian case is to be applied in Türkiye, it cannot be enforced without a recognition or enforcement decision. It is therefore important to assess from the start whether it is more suitable to file the case in Australia or in Türkiye.

Frequently Asked Questions