Article 14 MÖHUK – Divorce and Separation
Article 14 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) decides which law governs divorce (boşanma) and judicial separation (ayrılık). A Turkish court applies the spouses’ common national law to the grounds and consequences of divorce; if their nationalities differ, the law of their common habitual residence; and if there is none, Turkish law. Maintenance between divorced spouses and custody on divorce follow the same law, while interim measures during the proceedings are always governed by Turkish law.
Article 14 MÖHUK – text
Unofficial translation:
Divorce and separation
Article 14 – (1) The grounds for and effects of divorce and separation 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.
(2) Paragraph 1 applies to maintenance claims between divorced spouses. This also applies in cases of separation and nullity of marriage.
(3) Custody on divorce and related issues are also subject to paragraph 1.
(4) Turkish law applies to applications for interim measures.
Turkish original:
Boşanma ve ayrılık
MADDE 14 – (1) Boşanma ve ayrılık sebepleri ve hükümleri, eşlerin müşterek millî hukukuna tâbidir. Tarafların ayrı vatandaşlıkta olmaları hâlinde müşterek mutad mesken hukuku, bulunmadığı takdirde Türk hukuku uygulanır.
(2) Boşanmış eşler arasındaki nafaka talepleri hakkında birinci fıkra hükmü uygulanır. Bu hüküm ayrılık ve evlenmenin butlanı hâlinde de geçerlidir.
(3) Boşanmada velâyet ve velâyete ilişkin sorunlar da birinci fıkra hükmüne tâbidir.
(4) Geçici tedbir taleplerine 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 13 of the former Law No. 2675. The connecting factors are the same as for the general effects of marriage, and the “common domicile” criterion was dropped here too. Paragraph 2 was aligned with the Hague Convention of 2 October 1973 on the law applicable to maintenance obligations: that Convention excludes maintenance between spouses on divorce, separation and nullity, so those claims were tied to the law governing divorce. The rule on custody on divorce, formerly Article 20 of the old law, was moved here for systematic reasons, and paragraph 4 was added to remove doubts about the law applicable to interim measures. The reasoning still describes paragraph 1 as a cross-reference to the article on the effects of marriage; the enacted text spells out the ladder directly, with the same result.
Explanation
What is covered? The grounds for divorce, such as the irretrievable breakdown of the marriage (Article 166 of the Civil Code, TMK), and its consequences, including compensation for material and non-material harm (Article 174 TMK) and maintenance for a spouse facing hardship (yoksulluk nafakası, Article 175 TMK). Paragraph 2 expressly places maintenance between divorced spouses under this rule and extends it to separation and nullity. Other maintenance claims, such as child maintenance, follow the general rule in Article 19 MÖHUK, which points to the law of the maintenance creditor’s habitual residence.
Custody. Custody on divorce and related questions such as contact also follow the law under paragraph 1 (para. 3). Treaties to which Turkey is party take priority (MÖHUK Article 1(2)).
Interim measures. Measures during the proceedings, for example on housing, maintenance, management of assets and care of the children, are always governed by Turkish law (para. 4). Under Turkish law the court orders these of its own motion (Article 169 TMK).
Which moment? Unless otherwise provided, nationality and habitual residence are assessed as at the date the case is filed (MÖHUK Article 3; see Article 3 MÖHUK).
What this means if you live abroad
Both spouses are Turkish citizens. Living in Germany or the Netherlands changes nothing: a Turkish court applies the Turkish Civil Code. For dual nationals, Turkish citizenship counts (MÖHUK Article 4(1)(b); see Article 4 MÖHUK).
One spouse holds a Blue Card (Mavi Kart) or is only German or Dutch. There is then no common national law. If their common habitual residence is in Germany, a Turkish court applies German law to the grounds, maintenance and custody; if there is no common habitual residence, Turkish law. For the content of German or Dutch law, please consult a lawyer admitted in that country.
Which court? Personal status cases of Turkish citizens that are not or cannot be brought before a foreign court are heard in Turkey: by the court with territorial jurisdiction, failing that where the person is staying, failing that at the last domicile in Turkey, and failing that in Ankara, Istanbul or Izmir (MÖHUK Article 41). On uncontested divorce, see uncontested divorce in Turkey while living abroad.
A foreign divorce judgment. A divorce granted in Germany or the Netherlands has no automatic effect in Turkey; its effect as res judicata depends on recognition (MÖHUK Article 58).
Recent development on hardship maintenance. The words “without time limit” (süresiz olarak) in Article 175 TMK were annulled by the Turkish Constitutional Court in its decision of 4 June 2026, E. 2025/156, K. 2026/131; the annulment takes effect on 30 June 2027 (footnote to the TMK text on mevzuat.gov.tr). Which rule will then govern the duration of this maintenance depends on new legislation; nothing certain can be said today.
One year. Where Turkish law applies, claims arising from the end of the marriage by divorce become time-barred one year after the divorce judgment becomes final (Article 178 TMK).
Frequently asked questions
Which law applies when two Turkish citizens living in Germany divorce in Turkey?
Turkish law, as their common national law (MÖHUK Article 14(1)). Where they live makes no difference.
Which law governs maintenance for a Turkish–German couple?
Maintenance between divorced spouses follows the law governing the divorce (para. 2): the law of the common habitual residence, otherwise Turkish law.
Which law governs interim maintenance during the case?
Interim measures are always governed by Turkish law (MÖHUK Article 14(4); Article 169 TMK).
Sources
Questions about your case
If you want to know which law will govern maintenance, custody and compensation in a divorce you are planning or already have under way in Turkey, given your nationalities and where you live, 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); for divorce proceedings in Germany or the Netherlands, please consult a lawyer admitted there. Your marriage certificate, both spouses’ nationality details, where you have lived together in recent years and any papers from proceedings already started abroad are useful to have ready.