Article 13 MÖHUK – Marriage and Its General Effects
Article 13 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) decides which law governs marriage and its general effects (evliliğin genel hükümleri). Capacity to marry and the requirements of marriage follow each party’s national law at the time of the marriage; the form follows the law of the country where the marriage takes place. For the general effects there is a ladder: common national law, then the law of the common habitual residence, then Turkish law. Every Turkish citizen who marries in Germany or the Netherlands falls under this article.
Article 13 MÖHUK – text
Unofficial translation:
Marriage and its general effects
Article 13 – (1) Capacity to marry and the requirements of marriage are governed, for each party, by that party’s national law at the time of the marriage.
(2) The form of the marriage is governed by the law of the country where it is celebrated.
(3) The general effects of marriage are governed by the common national law of the spouses. Where the parties have different nationalities, the law of their common habitual residence applies and, failing that, Turkish law.
Turkish original:
Evlilik ve genel hükümleri
MADDE 13 – (1) Evlenme ehliyeti ve şartları, taraflardan her birinin evlenme anındaki millî hukukuna tâbidir.
(2) Evliliğin şekline yapıldığı ülke hukuku uygulanır.
(3) Evliliğin genel hükümleri, eşlerin müşterek millî hukukuna tâbidir. Tarafların ayrı vatandaşlıkta olmaları hâlinde müşterek mutad mesken hukuku, bulunmadığı takdirde Türk hukuku uygulanır.
The current text on mevzuat.gov.tr carries no amendment note (as of November 2026).
Legislative reasoning
According to the bill’s reasoning, the article partly corresponds to Article 12 of the former Law No. 2675. The form of marriage was moved to its own paragraph, and the specific reference to treaties on consular marriages was dropped; the reasoning notes that bilateral and multilateral treaties exist on the subject and that the general reservation in Article 1(2) is enough. For the general effects, the “common domicile” criterion was removed because it often did not reflect the real situation, and the “common habitual residence”, the centre of the spouses’ life, became the second step.
Explanation
Requirements (para. 1). Each party is looked at separately. For a Turkish citizen the Turkish requirements apply: a man or woman cannot marry before turning seventeen; in exceptional circumstances and for a very important reason a judge may allow someone who has turned sixteen to marry (Article 124 of the Civil Code, TMK). A minor needs the legal representative’s consent (Article 126 TMK). Impediments based on kinship are listed in Article 129 TMK, and anyone remarrying must prove that the earlier marriage has ended (Article 130 TMK). These requirements apply even when a Turkish citizen marries abroad.
Form (para. 2). A marriage is formally valid if it meets the formal rules of the country where it takes place. A marriage at a German Standesamt or a Dutch gemeente is therefore formally valid from the Turkish point of view as well. The rule concerns form only; the requirements in paragraph 1 must still be met. For marriages at consulates, treaties to which Turkey is party take priority (MÖHUK Article 1(2)).
General effects (para. 3). These cover the spouses’ mutual rights and duties, the marital home, representation of the union and protection of the family home. Under Turkish law, for example, one spouse cannot transfer the family home without the other’s express consent (Article 194 TMK). The applicable law is found step by step: common national law; if nationalities differ, the law of the common habitual residence; if there is none, Turkish law. Matrimonial property is not covered by this rule but by Article 15 MÖHUK, and Article 14 MÖHUK repeats the same ladder for divorce.
What this means if you live abroad
Both spouses are Turkish citizens. Even if they live in Germany or the Netherlands, a Turkish court applies Turkish law to the general effects. For dual nationals, Turkish citizenship counts (MÖHUK Article 4(1)(b); see Article 4 MÖHUK).
One spouse holds a Blue Card (Mavi Kart), meaning they gave up Turkish citizenship with permission and are now only German or Dutch. There is no common national law. If the common habitual residence is in Germany, a Turkish court too applies German law to the general effects (para. 3). Whether directly applicable Turkish rules (Article 6 MÖHUK) displace that result on particular points depends on the case. For the content of German or Dutch law, please consult a lawyer admitted there.
Timing. For the requirements, the time of the marriage counts (para. 1). For the general effects the law names no particular moment; which moment decides nationality and habitual residence is assessed under Article 3 MÖHUK (see Article 3 MÖHUK).
Turkish civil registry. Whether a marriage abroad is formally valid and whether it is entered in the Turkish civil registry are two different questions. Registration is an administrative step with the civil registry office or a Turkish consulate and is not what this article governs. For the deadline and procedure, see registering a marriage abroad in Turkey.
Frequently asked questions
Is a marriage at a German or Dutch registry office valid in Turkey?
As to form, yes; the form follows the law of the country of celebration (MÖHUK Article 13(2)). The requirements are checked separately for each party under their national law (para. 1).
Can a Turkish citizen marry abroad before 17?
Under Turkish law, not before turning seventeen; from sixteen only with a judge’s permission in exceptional circumstances and for a very important reason (Article 124 TMK). For Turkish citizens this applies abroad too (MÖHUK Article 13(1)).
Which law governs the effects of marriage between spouses of different nationalities?
The law of the common habitual residence, otherwise Turkish law (MÖHUK Article 13(3)).
Sources
Questions about your case
If you want to check the Turkish-law requirements for a marriage you have entered into or are planning abroad, or find out which law governs the effects of a marriage between spouses of different nationalities, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO). Your marriage certificate, both spouses’ nationality details and where you have lived during the marriage are useful to have ready.