Recognition and Enforcement Lawsuit (Processing Divorce in Turkey) Contact a Lawyer for the Recognition and Enforcement of Divorce Decrees


Recognıtıon of Dıvorce Decrees Issued ın England ın Turkey

Nowadays, with the increase in international marriages and lifestyles covering different countries, the need for legal decisions taken in one country to become valid in another country has arisen. One of the most common examples of this situation is the recognition and enforcement of divorce decrees issued in a foreign country in Turkey. This article details the process of recognizing and enforcing divorce decrees issued in England in Turkey.

1. What is Recognition and Enforcement?

Recognition refers to the acceptance of a foreign court decision as legally valid in Turkey. In this way, the existence and legal effects of the decision are accepted by Turkish law.

Enforcement refers to making a foreign court decision enforceable in Turkey. In terms of divorce decrees, the recognition of a decision issued by a court in England ensures that the divorce is legally accepted in Turkey, while enforcement makes it possible to execute claims such as compensation and alimony related to the decision.

2. Conditions for Recognition and Enforcement

The following conditions must be met for a divorce decree issued in England to be recognized and enforced in Turkey:

  • A Finalized Court Decision: The decision to be subject to a recognition and enforcement request must have been finalized by the courts in England.

  • Reciprocity Principle: According to Turkish law, it is required that a similar situation be enforceable in favor of Turkey in the country where the decision was issued.

  • Not Violating Public Order: The decision issued in England must not contain a provision contrary to Turkish public order.

  • Notification to the Parties: The decision must have been duly served on the parties.

3. Application Procedure

The steps to follow for the recognition and enforcement application are as follows:

Authorized Court: Recognition and enforcement lawsuits are filed in civil courts of first instance or family courts located at the residence of the parties.

Required Documents:

  • The original document of the finalized divorce decree issued by the court in England (it must be obtained with an apostille).

  • A sworn and notarized Turkish translation of the decision.

  • Documents regarding notifications served to the parties.

Filing the Lawsuit: A recognition and enforcement lawsuit can be filed personally or through a lawyer. The relevant documents must be submitted to the court, and the case must be followed up.

Issuance of Court Decision: If the conditions are met, the court recognizes and, if necessary, enforces the divorce decree issued in England.

4. What Happens if a Recognition and Enforcement Application is Not Made?

If the divorce decree issued in England is not recognized in Turkey, the parties are still considered married under Turkish law. In this case, significant problems may arise, especially if one of the parties wishes to remarry or make a legal claim. Therefore, it is crucial to apply for recognition and enforcement without delay.

5. The Importance of Professional Support

Recognition and enforcement lawsuits are complex processes requiring legal knowledge and experience. Receiving support from an expert lawyer regarding the recognition and enforcement of divorce decrees issued in England ensures that the process is completed more quickly and smoothly.

In conclusion, the recognition and enforcement of divorce decrees issued in England in Turkey are of critical importance for parties to regulate their legal and social lives. Every step in this process must be handled with care.

Precedent Judgment

The Republic of Turkey Supreme Court, 8th Civil Chamber
File No.: 2014-4654
Decision No.: 2015-9923
Decision Date: 04.05.2015

Supreme Court Decision
Family Court

TYPE OF CASE: Enforcement

The Supreme Court reviewed the decision of Istanbul 3rd Family Court dated 16.04.2013, File No. 786/282, rejecting the enforcement lawsuit between the plaintiff and the defendants, and it was determined that the plaintiff’s attorney applied for an appeal on time. The file was reviewed, and the following was concluded:

DECISION
The plaintiff’s attorney stated that the parties divorced in 2010, the plaintiff filed a lawsuit in the English court for property sharing, and the court found the plaintiff’s claim justified and decided that the defendant husband should transfer two properties to the plaintiff. The attorney requested the enforcement of the foreign court decision regarding the liquidation of the property regime and the removal of the lien on the properties placed by the other defendant.

The defendant’s attorney and the second defendant’s attorney demanded the rejection of the case.

The court dismissed the lawsuit. Upon the plaintiff’s attorney’s appeal, the judgment was reviewed.

In property sharing lawsuits arising from the dissolution of a marriage, the condition for the adjudication of such requests is the finalization of the divorce decree between the spouses. This same finalization condition is sought for the recognition of foreign divorce decrees in Turkey. The recognition and enforcement of foreign court decisions are governed by Articles 50-63 of the International Private and Procedural Law No. 5718. Foreign court decisions can be enforced in Turkey only if the competent Turkish court grants enforcement.

In this case, rejecting the claim based on procedural grounds was partly correct. However, rejecting the request for the recognition of the foreign decision was not correct. Based on the finalized foreign decree acknowledged in Turkey, the lawsuit was partly upheld, and the remaining parts were sent back for reconsideration.

The plaintiff’s appeal was partly accepted, and the case was sent back for a review of merits.

It was decided unanimously to annul the ruling, notify the parties, and refund the 24.30 TRY advance fee to the plaintiff upon request on 04.05.2015.