Uncontested divorce in Turkey while living abroad

You can get an uncontested divorce (anlaşmalı boşanma) in Turkey even if you live in Germany, the Netherlands or elsewhere in Europe. The marriage must have lasted at least one year, the spouses must apply together or one must accept the other's claim, and the judge must hear both spouses in person and approve their agreement on the financial consequences and the children (Turkish Civil Code No. 4721, Türk Medeni Kanunu – TMK, Art. 166(3)). Because the judge has to hear you in person, living abroad does not excuse you from attending the hearing.

This article covers spouses who are both Turkish citizens and live in Europe. If one spouse is only a foreign national, a different law may apply; see below.

Requirements for an uncontested divorce (TMK Art. 166(3))

The provision reads:

Evlilik en az bir yıl sürmüş ise, eşlerin birlikte başvurması ya da bir eşin diğerinin davasını kabul etmesi hâlinde, evlilik birliği temelinden sarsılmış sayılır. Bu hâlde boşanma kararı verilebilmesi için, hâkimin tarafları bizzat dinleyerek iradelerinin serbestçe açıklandığına kanaat getirmesi ve boşanmanın malî sonuçları ile çocukların durumu hususunda taraflarca kabul edilecek düzenlemeyi uygun bulması şarttır. Hâkim, tarafların ve çocukların menfaatlerini göz önünde tutarak bu anlaşmada gerekli gördüğü değişiklikleri yapabilir. Bu değişikliklerin taraflarca da kabulü hâlinde boşanmaya hükmolunur. Bu hâlde tarafların ikrarlarının hâkimi bağlamayacağı hükmü uygulanmaz.

Unofficial translation: If the marriage has lasted at least one year, the marital union is deemed to have broken down irretrievably where the spouses apply together or one spouse accepts the other's claim. In that case a divorce may be granted only if the judge hears the parties in person and is satisfied that they expressed their will freely, and finds appropriate the arrangement the parties accept on the financial consequences of the divorce and the situation of the children. The judge may make any changes to this agreement that the judge considers necessary in the interests of the parties and the children. If the parties accept these changes, the divorce is granted. In this case the rule that the parties' admissions do not bind the judge does not apply.

That gives four conditions:

At least one year of marriage. Before the first year is over, an uncontested divorce is not available. The only route is then the general rule in TMK Art. 166(1), which requires proof that the marriage has broken down.
Shared intention. The spouses file together, or one accepts the claim brought by the other.
Personal hearing. The judge must be satisfied personally that each spouse expressed their will freely.
An approved agreement. The judge must find the spouses' agreement on maintenance, compensation, division of property, custody and contact (in practice called a “protokol”) appropriate. The judge may change it; if the spouses accept the change, the divorce is granted.

TMK Art. 184(5) says the same: agreements on the ancillary consequences of divorce are not valid unless the judge approves them. An agreement signed in Germany or the Netherlands does not replace that approval.

Which court in Turkey?

Under TMK Art. 168, the competent court is the court of either spouse's domicile, or of the place where the spouses lived together for the last six months before the claim. Many couples living in Europe have no domicile in Turkey. Article 41 of Turkey's Private International Law Act No. 5718 (MÖHUK) then applies:

Personal status cases of Turkish citizens may be heard in Turkey if they have not been, or cannot be, brought before a foreign court.
The court with local jurisdiction under Turkish law comes first; failing that, the court where the person is resident in Turkey, then the court of their last domicile in Turkey.
If none of these exists, the claim can be filed in a court in Ankara, Istanbul or Izmir.

The provision therefore assumes the case is not pending abroad. If the same divorce case is already running in Germany or the Netherlands, the legislative reasoning says this can be raised in the Turkish proceedings.

Which law applies?

Under MÖHUK Art. 14(1), the grounds and effects of divorce are governed by the spouses' common national law. If both are Turkish, the Turkish court applies the Turkish Civil Code. If a spouse holds German or Dutch citizenship as well as Turkish, the Turkish citizenship counts (MÖHUK Art. 4(1)(b)); see the article on Article 4 MÖHUK.

If one spouse is only a foreign national (for example, someone who gave up Turkish citizenship and is now only German or Dutch), there is no common national law. The law of the common habitual residence then applies, which is often the law of the country where the couple lives (MÖHUK Art. 14(1)). The Turkish court would apply foreign law, and the conditions of TMK Art. 166(3) may not apply as such. That situation is outside this article.

Can you attend the hearing from abroad?

The law requires the judge to hear the parties “in person” (bizzat). A lawyer can represent you in the case but cannot declare your wish to divorce before the judge on your behalf. As a rule, you have to attend the hearing yourself.

Under Art. 149(1) of the Turkish Code of Civil Procedure No. 6100 (HMK), the court may, at a party's request, allow that party to take part in the hearing from where they are by simultaneous audio and video transmission. This point is disputed. Whether hearing a spouse abroad this way satisfies the “personal hearing” in TMK Art. 166(3) is not expressly regulated, and no binding court decision on the point was verified for this article. Whether a request succeeds depends on the court's discretion and the technical set-up. How a court will decide in a given case is uncertain; attending in person in Turkey is the safest course (the author's assessment).

Power of attorney and lawyer

You can have a lawyer in Turkey file and conduct the case. Under HMK Art. 74, without express authority a representative cannot accept a claim or settle, and cannot bring or conduct cases about strictly personal rights unless the power of attorney names them. Divorce depends solely on the person's own will, so the power of attorney should expressly include authority to file and conduct the divorce case and, where relevant, to accept the claim (the author's assessment).

The agreement should deal clearly with the following, because the judge examines each point:

custody (velayet) and the other parent's contact with the child,
child maintenance (iştirak nafakası) and, where relevant, spousal maintenance (yoksulluk nafakası),
claims for material and non-material compensation,
household goods, real estate and the winding-up of the matrimonial property regime.

If the children live abroad, a realistic contact arrangement (which holidays, where) makes the decision easier to put into practice later.

Is the Turkish divorce valid in Germany and the Netherlands?

In Germany, foreign divorces are as a rule recognised only once the regional justice administration (Landesjustizverwaltung) has confirmed the conditions are met (§ 107(1), first sentence, FamFG). That confirmation is not needed if a court of the state of which both spouses were nationals at the time of the decision gave the divorce (§ 107(1), second sentence, FamFG). If both spouses are Turkish citizens only, this exception may apply. How dual nationals are treated and which documents the registry office (Standesamt) requires should be checked with the German authorities or a lawyer admitted in Germany. For recognition and registration in the Netherlands, please contact your municipality (gemeente) or a lawyer admitted in the Netherlands.

If you divorce in Germany or the Netherlands instead, the foreign judgment has to be recognised in Turkey before it takes effect there (MÖHUK Art. 58).

General information on family law matters is on the family law and Türkiye–Germany pages.

Frequently asked questions

Do I have to travel to Turkey for an uncontested divorce?

The judge must hear the spouses in person (TMK Art. 166(3)). Taking part by audio-video link depends on the court's decision under HMK Art. 149(1), and the law does not say whether it is enough for an uncontested divorce. Plan to attend the hearing in Turkey.

Where do we file if we never lived in Turkey?

If you have no domicile, residence or last domicile in Turkey, the claim can be filed in a court in Ankara, Istanbul or Izmir (MÖHUK Art. 41).

Can we have an uncontested divorce before one year of marriage?

No. The marriage must have lasted at least one year (TMK Art. 166(3)). Before that, divorce is only possible under the general rule, by proving that the marriage has broken down (TMK Art. 166(1)).

Is a Turkish divorce recognised in Germany?

If both spouses were Turkish nationals at the time of the decision, no confirmation by the Landesjustizverwaltung is needed (§ 107(1), second sentence, FamFG). In other cases it is required.

Sources

Questions about your case

If you would like to check whether an uncontested divorce in Turkey suits your situation, which court the claim can be filed in, or how custody, maintenance and property should be set out in the agreement, you can choose a time on the appointment page. Consultations take place in Turkish, online by video, by phone or in person in Düsseldorf. Written questions can be sent through the contact form.

It helps to have a Turkish civil registry extract or the marriage booklet (evlilik cüzdanı) showing the date of marriage, both spouses' and the children's citizenships, your last address in Turkey and the points you have already agreed on. Advice covers Turkish law only (§ 206 BRAO); for recognition and registration in Germany or the Netherlands, please contact the competent authority or a lawyer admitted there.