We, as Fidelis Law Firm with experienced Turkish family lawyers, are aware that with the new developments in the world, the world is becoming universal, thus, not only business relations but also private relations of people have been starting to develop outside the country of their citizenship. In the light of the questions we received from our clients, we would like to indicate that according to Turkish law, it is possible for two foreigners to get married in Turkey as well as divorce in Turkey.

HOW TO GET MARRIED IN TURKEY?

Two foreigners of the same nationality can get married at the consulate of their own country or at the Turkish authorities, unless there is a situation that prevents them from marrying according to the laws of their own country. Also, two foreigners of different nations or one Turkish and one foreign national can also get married in the presence of Turkish authorities.

According to Private International Law of Turkey article 13, the capacity and conditions of marriage will be determined by each person’s own national law at the time of the marriage. However, Turkish procedural rules will be applied in marriages to be made before the Turkish authorities.

The documents required in the marriage file are as follows:

  • Marriage declaration prepared as two samples
  • A health report obtained from an official or private health institution and organization/ official medical board report
  • Consent document (if it is needed.)*
  • 4 Passport photographs (for each party)
  • Identity registration copy/ marriage license certificate
  • Document for both of the parties proving that each of them is not officially married in their country

*Consent document will be needed in a situation that there is a 17-year-old party who wants to get married. The guardian of the 17-year-old party must consent to this marriage. This consent will be legalize with the consent document.

Turkish family lawyers of Fidelis Law Firm will be pleased to assist our clients on the process of getting married in Turkey. You can always contact us on issues such as from which authorities the documents will be obtained or what the content of the documents is.

HOW TO GET DIVORCED IN TURKEY?

In order to avoid loss of rights during divorce, it is necessary to manage the process very well and make detailed calculations. Our English-speaking Turkish family lawyers and divorce lawyers are both experienced and competent in handling the divorce process smoothly.  We have shared with you the information prepared by our divorce lawyers regarding the process below.

In order for a divorce to be in question, first of all, there will be a valid marriage. It means that there must be a marriage registered in the foreigners’ registry, which is kept within the scope of the Code on the Civil Registration Services, or this marriage must be approved by the official authorities in Turkey of the country where the marriage is official.

According to PIL article 14, divorce provisions are governed by the common national law of the spouses. If the spouses do not have common national law, the applicable law is the law of habitual residence of the parties. In the possibility of not having a common habitual residence, Turkish law will be applied to divorce cases. This provision can also be applied in terms of death, absence, obituary, which are considered as reasons for the prospective termination of the marriage. Since Turkish private international law does not specify at which time the common national law or the law of habitual residence will be applied to the divorce case, the common national law or the law of common habitual residence at the time of the lawsuit will be applied.

After the applicable law is determined, this law will also be applied in matters such as the duration and provisions of the separation decision, the provisions and consequences of the divorce decision, the claims for material and immaterial compensation arising from the divorce, the effects of divorce on the surnames of the spouses, and the effect of divorce on the testamentary dispositions mutually made by the spouses etc. It should be especially noted that this law will also be applied for custody and alimony requests.

The law of which country will be applied will form the framework of the divorce case. This framework occupies a very important place in terms of your rights. We can give an example to explain this issue better: While the testamentary dispositions mutually made by the spouses may be invalid after the divorce according to Turkish law, they remain valid in German law. If you do not know which law will be applied from the beginning, you will be faced with an ongoing uncertainty. Our expert divorce lawyers will inform you about the whole process at the beginning of your process and you can contact us whenever you need during the process.