Example of Recognition of a Divorce Decree Rendered by a Foreign Court in Turkey

recognition in Turkey of the divorce judgment rendered in Azerbaijan in the lawsuit filed with the request, the Sivas 2nd Family Court ruled for the recognition of the divorce portion of the divorce judgment of the Republic of Azerbaijan, Baku City Binegadi District Court, dated January 22, 2023, and finalized on August 22, 2023, to be recognized regarding the portion concerning the divorce ruled. The judgment dated July 2, 2024, numbered 2024/162 Merits and 2024/669 Decision, constitutes a concrete practical example regarding the legal recognition in Turkey of a marriage terminated in a foreign country.

Represented by the plaintiff's counsel Atty. Batın Yılmaz in the file conducted by, the finalization of the foreign court judgment, the absence of a clear violation of Turkish public policy, and procedural guarantees were evaluated by the court. The decision does not establish a new divorce ruling in Turkey, but rather for the recognition of the existing divorce decree in Azerbaijan pertains to.

Short answer: Sivas 2nd Family Court concluded that the conditions required for the recognition in Turkey of the divorce decree finalized in a foreign country had been met, accepted the case, and ruled that a copy be sent to the relevant civil registry office upon finalization of the decision. This article examines the scope of the decision, the court's reasoning, and its significance in practice, without sharing the identity and address information of the individuals involved in the file.

Case Citation and Summary of Judgment

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The dates and ruling in the table are based on the content of the reasoned decision reviewed for publication. The names, Turkish ID numbers, and birth and address records of the parties have been redacted.

Case in Point: Divorce Judgment in Baku, Need for Recognition in Turkey

The marriage subject to the dispute was adjudicated by the Republic of Azerbaijan, Baku City, Binegadi District Court dated January 22, 2023 has concluded with. The decision in question became final on August 22, 2023. The plaintiff filed a lawsuit before the Sivas 2nd Family Court on February 13, 2024, for the recognition of this decision in Turkey.

Since the population, family, and civil status registries of different countries operate independently of one another, for a foreign divorce decree to be taken into account in legal and administrative proceedings in Turkey, a separate recognition proceeding or, where permitted by legislation, administrative registration may become applicable. The path chosen in this case is to request the recognition of the foreign divorce decree from the Turkish family court.

The subject matter of the litigation is not the adjudication of a divorce case in Turkey for the first time. The primary question before the Turkish court is whether the final and binding divorce decree rendered in Baku will be granted the effect of res judicata in Turkey. This distinction is of fundamental importance for the accurate understanding of the scope of the decision.

What Claim Was Submitted to the Court?

The lawsuit filed by the plaintiff's counsels was characterized as a request for the recognition and enforcement of the foreign court judgment. The divorce decree of the Baku City Binegedi District Court and information regarding the finalization of the decision were submitted as annexes to the petition. The Sivas 2nd Family Court evaluated the conditions for recognition based on the contents of the case file.

Although both recognition and enforcement were jointly included in the title and prayer for relief of the lawsuit, the court's operative part of the judgment is definitive. The court has decided to recognize solely the portion of the foreign judgment relating to divorce The reviewed judgment contains no finding indicating that potential provisions concerning alimony, property division, custody, or any other performance order within the foreign court decision were additionally enforced.

Therefore, characterizing the decision as "all family law judgments rendered in Azerbaijan have been made enforceable in Turkey" is incorrect. The scope of the judgment is limited to the divorce portion of the foreign writ.

On What Grounds Did the Sivas 2nd Family Court Grant the Claim?

In the reasoned decision, the court determined that the parties were divorced by the foreign court judgment and that the foreign divorce decree had become final. Upon examination, it was assessed that the judgment meets the conditions required for recognition under Turkish law, does not violate Turkish public policy, and that procedural guarantees were provided in the foreign proceedings.

The reasoning section of the court's decision specifically includes the following assessments:

• The dissolution of the marital union of the parties by the foreign court judgment,
• The foreign divorce decree finalized being,
• Acceptance that the conditions for recognition are met,
• The decision Not being manifestly contrary to Turkish public policy,
• No impediment being found regarding due process of service and a fair trial by the foreign court.

The decision also mentions the existence of reciprocity. However, this statement should not be construed as meaning that reciprocity is a mandatory condition in an action for recognition under Article 58 of Law No. 5718 explained below.

Consequently, the court accepted the lawsuit and ruled for the recognition of the decision of the Baku Binagadi District Court dated January 22, 2023, and with the finalization date of August 22, 2023, to be recognized regarding the portion concerning the divorce has ordered.

What Is a Recognition Decree and What Did It Accomplish in This Case?

Recognition of a foreign court judgment means that the foreign judgment is taken into consideration as conclusive evidence or res judicata in Turkey. Article 58 of Law No. 5718 on Private International Law and Procedural Lawgoverns the fundamental legal framework for recognition.

In the specific case, the subject matter of recognition is the foreign court ruling regarding the termination of the marital union between the spouses by a decision rendered in Azerbaijan . The Turkish court did not conduct a new divorce proceeding and terminate the parties' marriage for a second time; rather, it ruled for the recognition of the foreign court judgment in Turkey.

The effects of this outcome may manifest in matters such as the accurate reflection of civil status in population registry records, the evaluation of pre-remarriage records, and the determination of the date of termination of the marriage in other family law proceedings. However, since there is no separate document in this file regarding the exact date on which the Turkish population registry records were actually updated, it cannot be concluded that administrative registration has been completed based solely on the court decision.

Difference Between Recognition and Enforcement: Why Does the Ruling Only Include Recognition?

Although recognition and enforcement are frequently mentioned together, they have distinct legal effects. Recognition, aims to recognize the conclusive judgment or definitive evidence effect of a foreign judgment in Turkey; exequatur (tenfiz) , on the other hand, is directed towards the enforcement of an enforceable foreign judgment in Turkey.

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For a general explanation of this distinction, on our website validity of foreign court judgments in Turkey you can review the article. However, the article at hand is not a general recognition and enforcement guide, it is a specific case analysis regarding the recognition of a specific Baku divorce judgment by the Sivas 2nd Family Court.

Article 58 of Law No. 5718 and the Issue of Reciprocity

In the examined reasoned decision, it was stated that there is reciprocity between Turkey and Azerbaijan. However, unlike enforcement, reciprocity is not a mandatory statutory condition in a recognition lawsuit. Article 58/1 of Law No. 5718 explicitly It is stated that "Paragraph 1, subparagraph (a) of Article 54 shall not apply to recognition." Article 54/1-a regulates the condition of reciprocity with respect to enforcement.

Therefore, the court mentioning reciprocity in its reasoning and concluding that reciprocity is mandatory for recognition are two different matters. The judgment of this lawsuit is the recognition of a foreign divorce decree; the mention of reciprocity in the reasoning of the decision does not eliminate the express exception set forth in Article 58 of MÖHUK. This distinction is also important for divorce decrees rendered in countries other than Azerbaijan.

The conditions required for the recognition of foreign court judgments in Turkey are evaluated within the framework of rules concerning finalization under foreign state law, exclusive jurisdiction of Turkish courts, public policy, and the right to participate in proceedings/right of defense. How and which condition is applied depends on the specific case.

Why Was the Finalized Azerbaijani Divorce Judgment Important?

Regarding the foreign judicial decree submitted to the Turkish family court, the fundamental issue is whether the foreign decision has become final in accordance with the law of its own state. In the Sivas case file, it was accepted that the decision of the Baku court dated January 22, 2023, became final on August 22, 2023. The Turkish court also explicitly included this fact in its reasoning.

Of Law No. 5718 Article 59 pursuant to, the res judicata or conclusive evidence effect of a recognized foreign court judgment takes effect as of the date the foreign court decision becomes final. Therefore, the date of rendition and the date of finalization of the foreign judgment should not be used interchangeably. In the specific case at hand, January 22, 2023 is the decision date, and August 22, 2023 is the date on which the foreign divorce judgment became final.

This distinction may be particularly important regarding civil registry registration, marital status, and potential separate disputes arising from the property regime. However, it should not be construed that the recognition ruling separately adjudicates the property regime, alimony, or any other claim.

How Was the Review for Manifest Violation of Turkish Public Policy Conducted?

Article 54/1-c of Law No. 5718 requires that the foreign court judgment not be manifestly contrary to Turkish public policy. This condition does not require the law applied by the foreign court to be identical to Turkish law in every respect. The review focuses on whether the recognition of the foreign judgment in Turkey would produce a result that is manifestly objectionable in terms of fundamental legal principles.

Sivas 2nd Family Court stated that it found no violation of public policy when evaluating the foreign divorce judgment submitted to the case file. The same reasoning touched upon matters of due service of process on the foreign court and trial proceedings conducted within the framework of the rules of good faith. These statements indicate that the court did not merely look at the existence of a foreign judgment, but also evaluated the admissibility of the recognition .

In this case, no determination was made that the right to defense was violated in the foreign proceedings. However, since the full content of the detailed service records is not published in the text of the decision, it would not be accurate to make separate assumptions regarding each document submitted to the case file.

Recognition Lawsuit or Direct Registration at the Civil Registry Office?

It is not mandatory to file a lawsuit in court in every specific case for a divorce decree issued in a foreign country to produce legal effects in Turkey. Article 27/A of the Civil Registry Services Law No. 5490, under certain conditions, allows for the registration of divorce decrees issued by foreign judicial or administrative authorities in the civil registry without the need for a court judgment. The details of this procedure are provided in the regulation published by the Directorate General of Civil Registration and Nationality has been regulated.

Under the legislation, in cases such as the joint application of the parties, or where one of the spouses is a foreigner or deceased, the other Turkish citizen party may apply individually under certain conditions. It is also essential that the finalized foreign decree is duly drawn up, does not manifestly violate Turkish public policy, and that the required documents are submitted.

The existence of this administrative procedure does not mean that a recognition lawsuit is precluded in all circumstances. In the decision of the 2nd Civil Chamber of the Court of Cassation, dated 27.06.2022, E.2022/5479, K.2022/6321, it is stated that exhausting the administrative registration application is not a mandatory condition precedent (prerequisite) before filing a recognition lawsuit.

The reasoned decision does not contain a definitive explanation regarding why the administrative registration procedure was not utilized in the specific Sivas case file. Therefore, no information is put forward indicating that the parties received a rejection from the civil registry office or that they attempted the administrative route. The decision demonstrates that the judicial path utilized was accepted.

What Does Sending the Judgment to the Civil Registry Office Mean?

In the second paragraph of the court judgment, “Following the finalization of the judgment, a copy thereof shall be sent to the relevant civil registry office” it has been decided. This ruling indicates the administrative stage to be applied with respect to the evaluation and updating of the relevant civil registry records based on the court decision.

Here, two concepts of finalization must not be confused with one another: The divorce decree of the Azerbaijani court became final on August 22, 2023. On the other hand, the recognition judgment rendered by the Sivas 2nd Family Court is stipulated to be transmitted to the civil registry office after becoming final in accordance with the procedure specified in the ruling. The submitted reasoned decision alone does not demonstrate the subsequent date on which the Turkish court judgment became final or when it was entered into the civil registry.

This distinction is important in the information to be provided to individuals. Stating that the court has established a judgment of recognition is not the same as saying that the entry into the civil registry has been completed.

Does the Recognition of the Divorce Judgment Also Cover Alimony, Custody, and Property Division?

The operative part (hüküm) of this case specifically uses the phrases "recognition of the portion relating to divorce." The scope of the decision has been determined in this manner. It cannot be definitively understood from the published section of this reasoned decision whether additional provisions regarding alimony, custody, compensation, or property were established concerning the parties by the foreign court.

Therefore, based on the recognition decision in the case file, it cannot be concluded that such financial or child-related matters are additionally enforced (tenfiz) in Turkey. In the event that there are enforceable provisions in foreign court decisions, a separate evaluation is required depending on the nature of the judgment and applicable international conventions.

In divorce cases containing a foreign element, filing a lawsuit for the first time in Turkey, recognition (tanıma), or enforcement (tenfiz) are distinct headings. On our website, divorce proceedings for foreign nationals in Turkey the legal framework for divorce cases to be filed for the first time in our guide, divorce law while our services page explains the general scope of family law disputes.

Concrete Features Distinguishing This Judgment from Other Recognition Lawsuits

• Two separate countries and courts: The divorce judgment was rendered by the Baku Binagadi District Court in Azerbaijan, and the recognition ruling was issued by the 2nd Family Court of Sivas in Turkey.
• Specific finality date: It is explicitly stated in the decision that the foreign court decree became final on 22.08.2023.
• Limitation of the judgment: The court did not rule for an ambiguous recognition-enforcement outcome covering the entirety of the foreign decision, but rather ruled for the recognition of the divorce portion.
• Turkish public policy review: It has been accepted that there is no public policy obstacle to the recognition of the foreign divorce judgment.
• Civil registry procedure: It has also been ruled that upon the finalization of the Turkish recognition judgment, it shall be transmitted to the relevant civil registry office.
• Representation: In the case file, the plaintiff was jointly represented by Atty. Batın Yılmaz.

These characteristics establish the concrete legal framework of the judgment. The fact that the judgment has been accepted does not mean that every divorce decree rendered by the courts of different countries will be recognized in Turkey in the same manner and with the same documents.

Which Documents May Be Required in Similar Applications?

In preparing an application for the recognition of a foreign divorce in Turkey, the suitability of the following documents may be examined depending on the nature of the judgment and the application procedure:

• The original or duly certified copy of the divorce decree rendered by the foreign court,
• The annotation, document, or official letter from the competent authority indicating that the foreign judgment is final,
• An apostille or applicable alternative document legalization procedure, where necessary,
• A duly prepared and certified Turkish translation,
• Identity, citizenship, and civil status records of the parties,
• A power of attorney with the appropriate scope, if the transactions are to be conducted through legal counsel,
• Supplementary application documents depending on the administrative registration or judicial remedy.

This list is for general informational purposes. The reasoned decision does not contain a detailed breakdown regarding the specific certification method by which each of the documents listed in the Sivas case file was obtained. Therefore, it is not claimed that an apostille was strictly submitted or that the processing was carried out by a specific translation authority in the concrete case. General rules regarding documents In the official regulation of the Directorate General of Civil Registration and Nationality has been explained.

The Connection of the Judgment with Aliens Law

Marriages, divorces, and family law events occurring in foreign countries are significant in evaluating the marital status and family relations of individuals living in Turkey or wishing to conduct legal transactions in Turkey. A divorce judgment directly does not confer residence permits, Turkish citizenship, or any other administrative status; however, the accurate evaluation of records concerning an individual's family ties may hold indirect importance in other legal proceedings.

Therefore, while the recognition of foreign court judgments lies at the intersection of private international law and family law, in certain cases it is also immigration law connected to the procedures. Nonetheless, it cannot be concluded that an immigration status is obtained solely from the recognition judgment.

Frequently Asked Questions

Can a divorce judgment rendered in Azerbaijan be recognized in Turkey?

Yes. Provided that the conditions required under Law No. 5718 are met, a foreign court divorce judgment may be recognized in Turkey. The decision of the Sivas 2nd Family Court, case no. E.2024/162, decision no. 2024/669, is one of the concrete examples of this.

Which Azerbaijani judgment did the Sivas 2nd Family Court recognize?

The court recognized the part concerning the divorce of the decision of the Binegadi District Court of Baku City dated 22.01.2023 and finalized on 22.08.2023 boşanmaya ilişkin kısmını recognized.

Did the Turkish court divorce the spouses once again?

No. Instead of rendering a new divorce judgment, the court recognized the divorce decree previously issued and finalized in Azerbaijan.

Is reciprocity a requirement in a recognition lawsuit?

No. Article 58/1 of Law No. 5718 expressly provides that subparagraph 54/1-a shall not apply to recognition. Reciprocity is not a mandatory condition for recognition.

Why is the finalization of the foreign divorce decree important?

For recognition, the foreign judgment must be final in accordance with the law of the state where it was rendered. In the reviewed file, the finalization date of the Baku decision is 22.08.2023.

Were alimony or property division also enforced with this decision?

The operative part of the reasoned decision is solely directed toward the recognition of the divorce portion. It is not stated that other performance provisions were separately enforced.

Can a divorce decree obtained abroad be registered with the civil registry office without a court proceeding?

If the conditions set forth in Article 27/A of the Population Services Law No. 5490 are met, an administrative registration application may be filed without a court proceeding. A recognition lawsuit, on the other hand, is a separate remedy.

Was the decision entered into the civil registry records automatically?

The court ordered that a copy of the judgment be sent to the relevant civil registry office after the recognition ruling becomes final. This reasoned decision does not contain a separate verification regarding the exact date on which the population registry was physically updated.

Who were the plaintiff's attorneys in the case file?

According to the reasoned decision, the plaintiff party was represented by Atty. Batın Yılmaz.

Conclusion: Recognition of the Divorce Decree Rendered in Baku was Ordered in Turkey

Ruling of the Sivas 2nd Family Court dated 02.07.2024, numbered E.2024/162 and K.2024/669, concerning the recognition in Turkey of the divorce judgment of the Binegedi District Court of Baku, Republic of Azerbaijan, dated 22.01.2023 and finalized on 22.08.2023, in Turkey . The legal representation of the plaintiff party was conducted by Atty. Batın Yılmaz .

The court accepted the lawsuit by evaluating that the foreign divorce decree is final, meets the conditions for recognition, does not violate Turkish public policy, and presents no obstacles in terms of procedural safeguards. The scope of the judgment is limited to the portion concerning the divorce. Furthermore, the transmission of the decision to the civil registry office is conditioned upon the finalization of the Turkish recognition ruling.

The decision provides a useful precedent for evaluating recognition issues that individuals divorced in foreign courts may encounter regarding their civil status and population records in Turkey. Achieving the same outcome in other cases depends on the concrete examination of the foreign decree and application requirements.

Legal Resources and Related Articles

• Ministry of Justice – Code on Private International Law and Procedural Law No. 5718 (specifically Articles 50–59)
• Civil Registry Services Act No. 5490 (Article 27/A)
• Directorate General of Civil Registration and Nationality – Regulation on the Registration of Foreign Divorce Decrees in the Civil Registry
• Court of Cassation 2nd Civil Chamber, E.2022/5479, K.2022/6321 – The optional nature of the administrative registration procedure
• Ministry of Justice Jurisprudence Archive – The legal effect of the finalization date of a foreign divorce decree
• Validity of foreign court judgments in Turkey – General overview
• Divorce proceedings for foreigners in Turkey – Legal guide
• Sample court decisions and legal analyses

Author: Atty. Batın YILMAZ

Istanbul Bar Association – Bar Registry No: 77008

Legal information: This review is limited to the scope of the reasoned decision of the Sivas 2nd Family Court dated 02.07.2024, numbered 2024/162 Basis and 2024/669 Decision. The identity, address, and personal civil registry information of the parties have not been included. The legal remedy regarding the recognition in Turkey of other divorce decrees rendered in foreign countries must be evaluated according to the specific conditions of each file.