Family-law disputes involving foreign nationals, international couples, or cross-border assets in Turkey are governed primarily by the Turkish Civil Code No. 4721 (Türk Medeni Kanunu — TMK) and the International Private and Procedural Law Act No. 5718 (MÖHUK). Kalem Law Office represents foreign clients in uncontested and contested divorce proceedings, matrimonial property division, child custody, maintenance claims, and the recognition of foreign divorce decrees before Turkish Family Courts.
Under Turkish family law, spouses whose marriage has lasted at least one year may apply for an uncontested divorce (Anlaşmalı Boşanma — TMK Art. 166/3) by submitting a comprehensive divorce protocol regulating financial consequences, property division, alimony, and child custody. Where spouses cannot reach agreement, a contested divorce (Çekişmeli Boşanma) may be filed on general grounds of irretrievable breakdown of marriage (evlilik birliğinin temelinden sarsılması) or specific statutory fault grounds.
In all proceedings involving minor children, the Turkish Family Court decides custody (velayet) and personal contact schedules strictly according to the best interests of the child. The court may also order temporary maintenance (tedbir nafakası) during the lawsuit, child support (iştirak nafakası), and spousal maintenance (yoksulluk nafakası) following divorce.
Unless spouses execute a notarized marital property agreement (mal rejimi sözleşmesi), the statutory regime in Turkey is participation in acquired property (edinilmiş mallara katılma rejimi). Liquidation of matrimonial property — including apartments, villas, and bank accounts in Turkey — requires a separate claim and, where urgent, precautionary freezing annotations at the Land Registry to prevent asset dissipation.
A divorce decree issued by a foreign court does not automatically take effect in Turkey until it is registered with the civil registry (under Population Services Law No. 5490 Art. 27/A for administrative divorce recognition) or recognized and enforced (tanıma ve tenfiz) by a Turkish Family Court under Law No. 5718 (MÖHUK), particularly where custody, maintenance, or Turkish real estate enforcement is involved.
Yes. Under MÖHUK Article 14, Turkish Family Courts have jurisdiction over divorce proceedings between foreign spouses residing in Turkey, and determine the applicable substantive law and interim protective measures.
No. Under Turkish civil procedure, the liquidation of matrimonial property (mal rejiminin tasfiyesi davası) is a distinct legal claim from the divorce petition itself and proceeds once the divorce judgment becomes final, although interim asset-preservation measures can be requested immediately.
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