Register a marriage abroad in Turkey: 30-day rule

If you are a Turkish citizen and married at a German Standesamt or a Dutch gemeente, the marriage is valid in Turkey as long as it meets the marriage requirements of the Turkish Civil Code (TMK) and there is no ground for nullity (Article 24(1) of the Civil Registration Services Law No. 5490, Nüfus Hizmetleri Kanunu). It is not entered in the Turkish civil register automatically, though. To register the marriage in Turkey, the marriage certificate issued by the foreign authority must be handed in or sent to the Turkish mission in that place within 30 days at the latest.

Is a marriage abroad valid in Turkey?

There are two separate questions: whether the marriage is valid, and whether it appears in the civil register (nüfus kaydı).

For validity, Article 24(1) of Law No. 5490 sets two conditions. The marriage must comply with the TMK, and there must be no ground making it void (butlan).

The Turkish Act on Private International Law and International Civil Procedure No. 5718 (MÖHUK) splits the question in two:

• Capacity to marry and the requirements for marriage are governed, for each party, by their national law at the time of the marriage (Article 13(1) MÖHUK). For the Turkish spouse this is the TMK.
• The form of the marriage is governed by the law of the country where it takes place (Article 13(2) MÖHUK). A civil ceremony at a Standesamt or gemeente is judged, as to form, under German or Dutch law.

In the author's assessment, the words "in compliance with the TMK" in Article 24 of Law No. 5490 should be read together with Article 13 MÖHUK: the Turkish spouse's capacity and the impediments to marriage are checked under the TMK, while the way the ceremony was performed is left to the law of the place of marriage. For a closer look at the provision, see Article 13 MÖHUK.

For dual nationals who are also Turkish citizens, Turkish authorities apply Turkish law (Article 4(1)(b) MÖHUK).

Which Turkish requirements apply?

For the Turkish spouse, the main rules are these:

• Age. A man or woman cannot marry before turning 17; in exceptional circumstances and for a very important reason, a judge may allow a person who has turned 16 to marry (Article 124 TMK). A minor needs the consent of their legal representative (Article 126 TMK).
• Earlier marriage. Anyone who wants to remarry must prove that the previous marriage has ended (Article 130 TMK).
• Kinship. Marriage is prohibited between relatives in the direct line, between siblings, and between an uncle or aunt and a nephew or niece; Article 129 TMK lists further cases of in-law and adoptive relationships.

Article 145 TMK lists the grounds of absolute nullity (mutlak butlan): one spouse was already married at the time, was permanently lacking capacity of judgement, had a mental illness of a degree that prevents marriage, or the spouses are related to a degree that prevents marriage. Someone who remarries abroad before an earlier marriage has ended does not meet the condition in Article 24(1).

A void marriage still ends only by court judgment; until then it has all the effects of a valid marriage (Article 156 TMK). A consulate refusing to register a marriage is therefore not the same as a court declaring it void.

Article 24 refers to marriages concluded "before competent foreign authorities". A purely religious ceremony without a civil marriage does not fall under it. Article 143(3) TMK also states that the validity of a marriage does not depend on a religious ceremony.

Registering with the Turkish consulate: 30 days

Under the second sentence of Article 24(1) of Law No. 5490, the marriage is reported by handing in or sending the document issued by the foreign authority that performed the marriage to the Turkish mission in that place, within 30 days at the latest. The text of the law places this duty on the husband, or on the wife if the husband is a foreign national. The mission then prepares the marriage notification (evlenme bildirimi) and sends it to the civil registry office (nüfus müdürlüğü).

The application runs through konsolosluk.gov.tr. For the procedure "Evlilik Tescili Başvurusu (Yabancı Yerel Makamlar Önünde Evlilik Sonrasında)", meaning marriage registration after a marriage before local foreign authorities, the site states that you can apply by post. The information note of the Turkish Consulate General in Frankfurt asks that, after a marriage before German authorities, one of the spouses apply to the consulate with the marriage certificate (Formula B) within 30 days of the wedding date.

The exact document list and any fee can differ from one mission to another. Check them on your consulate's page at konsolosluk.gov.tr before you apply. No fee is given here, because it could not be confirmed from an official source.

If there is no Turkish mission where you are, or you could not report to it, the foreign marriage certificate can be translated into Turkish, duly certified, authenticated by the Turkish Ministry of Foreign Affairs and handed in at a civil registry office in Turkey (Article 24(2)). Ask the registry office in advance which certifications it will accept.

Blue Card holders (Mavi Kart) are kept in a separate register and must report all civil status events to the Turkish missions when abroad (Article 8/A of Law No. 5490).

Marrying at the consulate or at the Standesamt

If both partners are Turkish citizens, they can also marry at the Turkish consulate; the Ministry may give missions the authority of a marriage registrar (Article 22(2) of Law No. 5490). In that case the mission itself reports the marriage to the civil registry within 30 days (Article 23(3)). If one partner is a foreign national, the consulate cannot perform the marriage, as the information note of the Consulate General in Essen also says; the wedding then takes place before the local authority.

If you married at a Standesamt or gemeente, reporting is up to you. The German or Dutch authorities do not notify the Turkish register; Turkish law places this duty on the spouses.

The documents a Standesamt or gemeente requires and the procedure there are governed by German or Dutch law. For those questions, please contact the local authority or a lawyer admitted in that country.

What if the marriage is not registered in Turkey?

Turkish authorities base their dealings with a person on the civil register (Article 10 of Law No. 5490). Without registration, you appear as single in Turkey. In practice this matters in the following situations:

• Inheritance. When one spouse dies, the surviving spouse does not appear in the register. If the register is not sufficient for a certificate of inheritance, a notary cannot issue one (Article 71/B of Notaries Law No. 1512), and the matter goes to the civil court of peace. See Certificate of inheritance in Turkey.
• Divorce. Foreign divorce judgments are entered in the register under Article 27/A of Law No. 5490. In the author's assessment, before the end of a marriage can be recorded, the marriage itself must first be in the register; this follows from the structure of the law, not from an express rule.
• A new marriage. If someone listed as single in the Turkish register marries again, the second marriage is absolutely void under Article 145(1) TMK, because the first marriage still exists. A missing entry does not end the first marriage.

The current text of the law contains no administrative fine for spouses who miss the 30-day deadline. The fines in Article 68 concern officials who do not report on time and address registration. Nor is there a provision barring a late report or requiring a court decision for it. In the author's assessment, the report should still be made under Article 24 after the deadline; ask the consulate beforehand whether it will want extra documents.

After registration

Once the marriage notification arrives, your entry is updated. The law provides that the wife's entry is moved to the husband's household record (Article 23(2)). After the marriage the couple receives an international family booklet (uluslararası aile cüzdanı, Article 41(9)); konsolosluk.gov.tr has separate applications for the family booklet and for the international extract of the marriage record (Formula B).

If you find a mistake after registration: clerical errors made during registration are corrected by the registry office on the basis of the underlying document. Any other correction needs a final court judgment (Article 35(1) of Law No. 5490).

Which law governs the general effects of the marriage, the matrimonial property regime and a divorce are separate questions (Articles 13(3), 14 and 15 MÖHUK). For general information, see Family law.

Frequently asked questions

Is a marriage abroad valid in Turkey?

Yes, if it meets the marriage requirements of the TMK and there is no ground for nullity (Article 24(1) of Law No. 5490). The form is governed by the law of the place of marriage (Article 13(2) MÖHUK).

How many days do I have to register my marriage with the Turkish consulate?

The certificate from the foreign authority must be handed in or sent to the Turkish mission within 30 days at the latest (Article 24(1) of Law No. 5490).

What happens if I do not register my marriage in Turkey?

You remain single in the Turkish register, and authorities rely on that record (Article 10). This causes problems in inheritance cases, when recording a divorce and if either spouse marries again. The current law sets no fine for a late report.

Do I need a court case in Turkey to register a marriage abroad?

No. Registration goes through the Turkish mission or, if that was not possible, through a civil registry office in Turkey (Article 24(1) and (2)).

Sources

• Civil Registration Services Law No. 5490 – mevzuat.gov.tr
• Private International Law Act No. 5718 (MÖHUK) – mevzuat.gov.tr
• Turkish Civil Code No. 4721 – mevzuat.gov.tr
• Notaries Law No. 1512 – mevzuat.gov.tr
• Consular services: marriage – konsolosluk.gov.tr
• Turkish Consulate General Frankfurt – information note on marriage and marriage notification
• Turkish Consulate General Essen – information note on marriage

Questions about your case

If you would like to clarify how your marriage in Germany or the Netherlands gets into the Turkish register, what to do once the 30 days have passed, or how an unregistered marriage affects an inheritance or a divorce in Turkey, you can choose a time for an online video call, a phone call or a meeting in Düsseldorf on the appointment page. You can also send your question in writing through the contact form. Consultations are held in Turkish and cover only Turkish law (§ 206 BRAO); for questions of German or Dutch marriage law and the procedure at the Standesamt or gemeente, please contact that authority or a lawyer admitted in that country. It helps to have ready:

• the marriage certificate issued by the foreign authority and the date of the marriage,
• both spouses' nationalities, and any Blue Card,
• a recent Turkish civil registry extract and, if relevant, the judgment ending an earlier marriage.