Divorce Involving a Foreigner in Türkiye: Jurisdiction and Law

In marriages where one spouse is a foreign national or the parties live abroad, divorce adds two layers to the ordinary domestic process: which country's court has jurisdiction, and which country's law applies. The answers are sought in Law No. 5718 on Private International and Procedural Law (MÖHUK).

🌍 When Do Turkish Courts Have Jurisdiction?

A divorce case with a foreign element may be filed in Türkiye under the domestic rules of jurisdiction: the court (family court) of the place where one of the spouses is domiciled, or where they lived together for the last six months before the case, has jurisdiction. If neither party is domiciled in Türkiye and the case concerns a Turkish citizen, the fallback rules in MÖHUK (the person's last domicile in Türkiye, and failing that, the courts of Ankara, Istanbul or Izmir) may come into play.

📜 Which Country's Law Applies? (MÖHUK Article 14)

The grounds and consequences of divorce and separation are determined by the following steps, in order:

• The spouses' common national law (the law of the state, if both are citizens of the same state),
• If their nationalities differ, the law of their common habitual residence (the country where their shared ordinary centre of life lies),
• Failing that, Turkish law.

In other words, in a divorce case heard by a Turkish court, a foreign law may apply depending on the circumstances. Maintenance claims between the divorcing spouses and custody are, as a rule, subject to the same steps; however, provisions of foreign law that clearly conflict with Turkish public policy are not applied.

📨 Service Abroad and Timing

If the foreign spouse lives abroad, the petition is served through the authorities of the relevant country under international service conventions. This process can stretch over periods that differ from country to country, and it is the main reason why divorces with a foreign element take longer than domestic cases. If the address is unknown, service by public announcement may come into question.

🧩 Common Scenarios

• Turkish citizen + foreign spouse, living in Türkiye: The case is filed in Türkiye; where there is no common national law, Turkish law generally applies because the habitual residence is Türkiye.
• Both spouses abroad: If the case was heard in the country of residence, recognition and enforcementTR are needed for the judgment to take effect in Türkiye.
• Dual nationality: If one of the parties is also a Turkish citizen, Turkish citizenship is the basis under MÖHUK.

🔗 Related Topics

Divorce abroad: recognition and enforcementTR · How is a divorce case filed?TR · Custody in divorceTR · Types of maintenanceTR

❓ Frequently Asked Questions