Divorce in Turkey for Russian Citizens: Legal Guide

Divorce in Turkey for Russian Citizens: Legal Process and Jurisdiction

Turkey stands out for Russian citizens both as a place to live and settle. Going through a divorce in Turkey can raise complex legal questions, especially for foreigners. The Turkish Civil Code stipulates certain jurisdictional and procedural rules for divorce cases with foreign elements. Taking the right steps in this process is vital to prevent loss of rights.

Authorization to File a Divorce Case in Turkey

Russian citizens wishing to file for divorce in Turkey may apply to Turkish courts if they meet certain conditions. According to the Law on Private International Law and Procedural Law (PLCPL), Turkish courts are authorized to hear a divorce case in the following cases:

• One of the spouses is domiciled in Turkey.
• The spouses have lived together in Turkey for the last six months before filing the lawsuit.

In this context, the legal residence of at least one of the spouses in Turkey constitutes a sufficient ground for Turkish courts to hear the case.

Applicable Law and Process

Even if the divorce case is filed in Turkey, the law of the country to which the divorce case is to be applied is determined according to the order determined by the Civil Procedure Law:

• The common national law of the spouses: If both spouses are Russian citizens, Russian law shall apply in the divorce case.
• Common law of habitual residence: If the spouses have different nationalities, the law of the country where they have lived together for a long time, i.e. the country of their habitual residence, applies.
• Turkish law: If common nationality or common habitual residence cannot be established, Turkish law shall apply in the case.

Divorce proceedings in Turkish courts are conducted by a lawyer, following procedural steps such as collecting evidence, serving notices and attending hearings.

Recognition and Enforcement of Foreign Divorce Decisions

In order for a divorce decree obtained from a Russian court to be legally valid in Turkey, a recognition and enforcement lawsuit must be filed. However, thanks to Article 27/A added to the Population Services Law No. 5490, Russian divorce decrees can be registered directly to the civil registry through the civil registry offices or consulates without the filing of a lawsuit. This regulation significantly facilitates the process of recognition and enforcement of divorce judgments in Turkey.

This article aims to provide general information about the divorce process for Russian citizens in Turkey. Since each case has its own unique conditions, it is of great importance to get professional legal support from a specialized lawyer in order to avoid any loss of rights and to manage the process in the most correct way.