Most of the damage in a cross-border divorce is done before the first hearing. The wrong court takes the case. Or the property claim is never brought, because nobody explained that it is a separate action. Or the judgment comes back unenforceable in the country you actually live in. We act for expats, dual nationals and foreign spouses of Turkish citizens, and the first question we answer is whether Türkiye should be hearing your divorce at all.
Everything is handled in English. Where the judgment has to travel — to a registry, a bank or a court abroad — we bring in counsel at the other end before filing, not after. Amicable or vicious, the file is built the same way: to still hold up in five years.
Contested and uncontested divorce for foreigners
Turkish law offers two paths. An uncontested divorce (anlaşmalı boşanma) is available under Article 166 of the Turkish Civil Code (TMK) where the marriage has lasted at least one year and both spouses sign a settlement protocol covering custody, property and support. The judge hears the parties, confirms their free consent and typically grants the divorce quickly. Where the agreement is real, this is the shortest route. A protocol signed under pressure, though, tends to come back as a property claim two years later.
A contested divorce (çekişmeli boşanma) becomes necessary when the spouses disagree on the terms or on the divorce itself. Here the court examines a legal ground — most commonly irretrievable breakdown of the marriage, but also fault-based grounds such as adultery, cruelty or desertion — and the evidence each side brings. Fault can influence alimony and, in some cases, compensation. Turkish courts decide on the file, not on sympathy, so the evidence has to be gathered before you file, not during the hearings.
Remote representation. Most of our foreign clients never set foot in a Turkish courtroom. With a Power of Attorney issued at a Turkish consulate abroad, or before a notary during a short visit, we file and attend hearings for you. One warning: a POA drafted in general terms is routinely refused in divorce cases. It has to grant the authority to divorce expressly.
Which court, and which law? Jurisdiction under MÖHUK
Before anything else, we confirm that a Turkish court can hear your case and which country's law applies. The Turkish International Private and Procedure Law (MÖHUK, Law 5718) governs these questions. A Turkish family court can generally take jurisdiction where a spouse is habitually resident in Türkiye, and the applicable law is determined by a cascade — the spouses' common nationality, then their common habitual residence, and ultimately the law most closely connected to the marriage.
Get this wrong and you lose a year. A judgment from the wrong forum can be refused recognition in the very country where you need it. Where you have already divorced or begun proceedings in another country, we advise on how that interacts with Türkiye — including the separate question of recognising a foreign divorce so it takes legal effect on Turkish records.
Dividing matrimonial property under Turkish law
For marriages contracted after 1 January 2002, the default matrimonial regime under the TMK is participation in acquired property (edinilmiş mallara katılma). In broad terms, assets acquired through the couple's efforts during the marriage are shared, usually equally, on divorce, while pre-marital assets, inheritances and personal-use items remain each spouse's own property. Property claims are pursued in a distinct action from the divorce and often require careful valuation.
- Valuation and tracing of real estate, company shares, vehicles and bank assets held in Türkiye and abroad
- High-asset divorces involving businesses, cross-border holdings and investment property
- Hidden-asset cases — locating undisclosed accounts, transfers and nominee arrangements
- Protective measures to prevent dissipation of assets during proceedings
- Prenuptial and marital property agreements electing a different regime, such as separation of property
Where property, a company or an investment residence is entangled in the divorce, our real estate and corporate teams value it properly. An undervalued company share is the most common way a spouse quietly loses money in a Turkish divorce.
Alimony and financial support (nafaka)
Turkish law recognises several forms of nafaka. Interim support (tedbir nafakası) may be ordered during the proceedings; poverty alimony (yoksulluk nafakası) may be granted to a spouse who would otherwise fall into hardship; and child support (iştirak nafakası) secures the needs of the children. Amounts turn on income, needs and relative fault. You may be eligible to receive support, or you may be the one paying it. We would rather tell you which at the start than after the first hearing.
Child custody and the Hague Convention
Custody (velayet) is decided on one overriding principle in the TMK: the best interests of the child. The court considers stability, care arrangements, each parent's circumstances and, where appropriate, the child's own wishes. If you intend to take the child abroad, say so early and arrive with a schooling and contact plan the judge can approve. Raising it late reads as concealment.
Where a child has been wrongfully removed to or retained in another country, the 1980 Hague Convention on the Civil Aspects of International Child Abduction — to which Türkiye is a party — provides a mechanism for the prompt return of the child between contracting states. Time is the whole battle here. Once the child has been settled in the new country for more than a year, the return application becomes considerably harder to win. We file through the central authority and work alongside counsel in the other state.
On outcomes. Turkish family judges have wide discretion, and no lawyer can promise you a result. What we can do is tell you early when a claim is not worth running. Some clients hear that in the first meeting.
Recognising a foreign divorce in Türkiye
If you divorced abroad but part of your life — property, a residence permit, marital status on Turkish records — remains connected to Türkiye, the foreign judgment usually needs to be recognised here to have effect. Under MÖHUK this is done through a recognition (tanıma) or enforcement (tenfiz) procedure, and in some cases through a simplified administrative registration. Our dedicated guide to recognition and enforcement of foreign judgments explains the requirements in full, and our litigation team handles any contested application.
How we run a family file
One lawyer owns your file and answers your emails. You get a view on cost, timing and prospects before you instruct us, not after. Settlement first, where settlement is available on decent terms. Where it is not, we litigate. To talk through your situation in confidence, reach us on WhatsApp or through our contact page.
Frequently asked questions
Can a foreigner file for divorce in Turkey?
Yes. Under MÖHUK (Law 5718), Turkish family courts can hear a divorce where a spouse is habitually resident in Türkiye, and often where the marriage has a genuine connection to Türkiye. Your nationality alone does not prevent you from filing. We confirm jurisdiction and the applicable law before starting.
What is the difference between contested and uncontested divorce?
An uncontested (anlaşmalı) divorce needs the marriage to have lasted at least one year and both spouses to agree on every term in a written protocol the judge approves. A contested (çekişmeli) divorce is litigated when the spouses disagree, and requires proof of a legal ground such as irretrievable breakdown under Article 166 TMK.
How is marital property divided?
For marriages after 1 January 2002, the default regime is participation in acquired property. Assets built up during the marriage are generally shared equally, while pre-marital property, inheritances and personal items stay separate. Property division is a separate claim from the divorce and often needs formal valuation.
Will I have to pay or receive alimony?
Turkish law provides for interim support, poverty alimony and child support. The amount depends on income, needs and fault. You may be eligible for support or liable to pay it, depending on income and fault; we give you a view on which before you file.
How is custody decided for international families?
Custody is decided on the best interests of the child under the TMK. Where a child has been wrongfully taken across borders, the 1980 Hague Convention may allow an urgent return application between member states. We advise on both custody proceedings and Hague applications.
