Foreign Law in Divorce Cases in Türkiye: Which Law Applies?

When one or both parties are foreign, a Turkish court first determines which country's law it will apply to the case. This article explains the framework of the subject.

🌍 Determining the Applicable Law

The Act on Private International and Procedural Law sets a sequence of criteria for divorce and separation: first the spouses' common national law; if there is none, the law of their common habitual residence; and if there is none of that either, Turkish law.

In other words, foreign law is not applied automatically in every case with a foreign element; the sequence has to be worked through.

📚 The Content of Foreign Law

Researching the content of the foreign law to be applied is the judge's duty; the parties may also be asked for help. If the content cannot be established, Turkish law is applied.

In addition, if applying foreign law would produce a result manifestly contrary to public policy, that provision is not applied and, where necessary, Turkish law steps in.

⚖️ Ancillary Consequences

Alimony, custody and the property regime each have separate conflict-of-law rules; they may not all be governed by a single law. For the property regime, the spouses are also given the option of choosing the applicable law.

For decisions given abroad, see recognition and enforcementTR, and for marriage to a foreign spouse, divorce from a foreign spouse.

📌 Related Topics

The subject is also linked to divorce in Türkiye for Turks living abroadTR and the effect of divorce on a residence permit.

❓ Frequently Asked Questions