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Divorce and Custody for Foreigners in Türkiye

Savun Law & Consultancy · Updated 29 October 2026

Divorce and Custody for Foreigners in Türkiye

Divorce and custody disputes with a foreign element begin with determining the applicable law. These processes concern both family law and private international law. This article explains foreigners' divorce and custody procedures for information purposes.

📜 Applicable Law

In a divorce with a foreign element, the nationality of the parties and their common ties affect the determination of the applicable law. The jurisdiction of the Turkish courts and the applicable law are determined under the rules of private international law. This determination forms the basis of the process. A correct assessment is important.

Note: In a divorce with a foreign element, the determination of the applicable law and the best interests of the child are decisive.

👨‍👧 Custody and the Child

Custody is, as a rule, assessed according to the best interests of the child. In cases with a foreign element, the child's habitual residence and international instruments may also come into play. The protection of the child is essential. Each case is handled under its own circumstances.

⚖️ Recognition of Foreign Judgments

For divorce judgments issued abroad to have effect in Türkiye, they may be subject to a recognition and enforcementTR procedure. This procedure makes the judgment valid under Turkish law. The proper form of the documents is important. Each situation is assessed separately.

📌 Related Topics

The subject is connected with recognition and enforcementTR and with citizenship through marriage.

❓ Frequently Asked Questions

How does a divorce with a foreign element proceed?

The applicable law and the jurisdiction of the court are determined under the rules of private international law.

What is the criterion in custody?

As a rule, the best interests of the child are taken as the basis.

Is a divorce judgment from abroad valid?

A recognition and enforcement procedure may be required for it to have effect in Türkiye.

For detailed information and legal support, you can contact Savun Law & Consultancy. Contact Savun Law & Consultancy

The information in this article is provided for general information purposes and may change in line with current legislation. Each case is unique; nothing here is a commitment as to any result.

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This page is an English adaptation of our Turkish article Yabancıların Boşanma ve Velayet İşlemleri.

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