Introduction

Foreign nationals who live in Turkey or have married Turkish citizens may find themselves navigating the Turkish legal system for divorce and child custody. Governed by Turkish Civil Code No. 4721, divorce and custody cases for foreign nationals involve specific procedures and considerations. This guide provides an overview of the legal framework and the rights of foreign nationals during divorce and custody proceedings in Turkey.

General Grounds for Divorce:

• The Turkish Civil Code recognizes several grounds for divorce, including:
  • Adultery: A spouse can file for divorce if the other commits adultery.
  • Abandonment: Divorce can be requested if one spouse abandons the other for at least six months.
  • Irretrievable Breakdown: When the marriage is deemed irreparable due to conflicts, a divorce may be granted.

• If both spouses agree to divorce and have been married for at least one year, they can file for a mutual consent divorce. In such cases, the process is faster, and both parties must agree on key issues like property division and child custody.

• In a contested divorce, one spouse seeks divorce based on a specific cause (e.g., infidelity, domestic abuse). This process is more complicated, often involving legal disputes over property, child custody, and alimony.

Jurisdiction:

• Foreign nationals can file for divorce in Turkey if they live in the country or if their spouse is a Turkish citizen. Jurisdiction for foreign divorce cases follows the same procedures as for Turkish citizens.

• Divorce cases involving foreign nationals may be subject to both Turkish law and the laws of the foreigner’s home country, depending on the marriage contract or prenuptial agreements. In general, the lex loci (law of the place) where the divorce is initiated applies.

• Foreign divorce decrees may need to be recognized by Turkish courts. This process, known as exequatur, ensures that the foreign divorce complies with Turkish law.

Custody Decisions:

• Turkish law prioritizes the best interests of the child when determining custody. The court generally awards custody to the parent who can provide the most stable and supportive environment. In some cases, joint custody may be considered, but it is less common in Turkish family law.

• Foreign nationals have the same rights as Turkish citizens when seeking custody of their children. However, the court may consider factors like the foreign parent’s ability to remain in Turkey, their financial stability, and the child’s best interests when making custody decisions.

• The non-custodial parent, whether Turkish or foreign, is typically required to pay child support. The amount is determined based on the child’s needs and the financial capacity of the non-custodial parent.

Spousal Support (Alimony):

• In some divorce cases, the court may order one spouse to pay alimony to the other. Alimony is typically awarded to the spouse who cannot maintain the same standard of living post-divorce. The amount and duration depend on the financial situation of both parties and the length of the marriage.

• Turkey follows the principle of equitable distribution, where assets acquired during the marriage are divided equally between the spouses. However, property owned before the marriage or inherited property typically remains with the original owner.

Faster Divorce Proceedings:

• In 2024, Turkey introduced measures to speed up uncontested divorce proceedings, allowing couples who agree on all terms to finalize their divorces in a shorter timeframe.

• Although joint custody is less common in Turkish law, there is growing interest in considering joint custody arrangements, particularly in cases involving international couples.

Divorce and custody proceedings in Turkey for foreign nationals are governed by the Turkish Civil Code, with provisions that ensure fair treatment of both Turkish citizens and foreigners. Understanding the legal grounds for divorce, the applicable laws, and the rights of parents in custody cases is essential for those navigating the Turkish legal system.