Recognition and Enforcement of Foreign Judgments
A foreign judgment has no automatic effect in Turkey. To be relied on here it must be recognised (to be treated as final proof) or enforced (to be executed against assets). Both go through a Turkish court. For foreign divorce decrees there is a separate administrative route through the civil registry that is far faster where its conditions are met.
📌Recognition and enforcement are different things
Recognition (tanıma) makes a foreign judgment conclusive evidence in Turkey — it is what you need for a divorce decree to be entered in the Turkish population register, or for a foreign inheritance determination to be treated as established. Enforcement (tenfiz) goes further: it makes the judgment executable in Turkey, so that alimony, compensation or costs can be collected through Turkish enforcement offices. If you only need the status recognised, asking for enforcement adds cost and complexity for no benefit; if you need to collect money, recognition alone will not do it.
📌The conditions the court examines
The Turkish court does not retry the merits. It checks a defined list: that the judgment is final under the law of the state where it was given; that there is a treaty, statutory provision or de facto reciprocity with that state; that the subject matter did not fall within the exclusive jurisdiction of the Turkish courts; that the judgment is not manifestly contrary to Turkish public policy; and that the defendant's right to be heard was respected — properly summoned, properly represented, or a default judgment not given in breach of the law of that state. Public policy is applied narrowly: a different outcome from Turkish law is not, in itself, contrary to public policy.
📌The faster route for divorce decrees
Where a foreign court has dissolved a marriage, spouses may in defined circumstances apply directly to the civil registry to have the decree entered, without a court case. The application is generally made by both spouses jointly, the decree must be final, and it must not be contrary to Turkish public policy. Where the conditions are met this takes weeks rather than the many months a recognition action requires. Where they are not — one spouse will not cooperate, the decree is unclear on finality, or custody and financial provisions need to be relied on — the court route remains necessary.
📌What happens if you do nothing
The practical consequence of an unrecognised foreign divorce is that you remain married in the Turkish population register. That surfaces at the worst moments: a later marriage cannot be registered, the surviving 'spouse' appears as a statutory heir on death, and property transactions may require a spousal consent that no longer reflects reality. We regularly see estates complicated years afterwards by a divorce that was final abroad but never entered here. The same logic applies to foreign judgments on inheritance, guardianship and compensation.
💡Practical points
- Documents: a certified copy of the judgment with a finality annotation, apostilled, plus a sworn Turkish translation certified by a notary. Missing finality annotation is the most frequent defect.
- Jurisdiction: the action is brought where the respondent resides in Turkey; failing that, at their place of stay; failing that, in Ankara, İstanbul or İzmir.
- Partial enforcement: a court may enforce part of a judgment. Where one head of relief is problematic under Turkish public policy, the rest may still be enforceable.
- Reciprocity: for recognition, reciprocity is required in the same way as for enforcement — this is a common misconception in the other direction.
- Do not delay: there is no limitation period as such, but evidence, addresses and cooperation all deteriorate with time, and the consequences of the unregistered status accumulate.
I handle written correspondence in English without difficulty — email, WhatsApp messages, contracts and documents. My spoken English is limited, so for anything detailed I prefer to work in writing, or to hold the call with an interpreter present. This affects only the channel, not the work itself: filings, hearings and correspondence with Turkish authorities are conducted in Turkish in any event.
This page is general information, not legal advice. It does not create an attorney–client relationship. Turkish law changes and outcomes depend on the facts of each case. For your own situation, please get in touch: +90 532 390 48 06 (WhatsApp) · mert@avukatmertcelik.com
written by
Av. Mert Çelik
Muğla Bar Association · No. 2039 · Bodrum · since 2018
NoteThis page is general information only; every matter has its own facts. Our office is in Bodrum, Muğla.
This page is for general information only and does not constitute a legal opinion or the provision of legal services. Turkish legislation changes; please consult a lawyer about your current situation.