Practice Areas
Recognition and Enforcement of Foreign Judgments
A decision given by a foreign court does not automatically produce effects in Turkey. For the decision to have legal effect here, a recognition (tanıma) decision must be obtained, and for it to be enforceable, an enforcement (tenfiz) decision must be obtained. Our firm conducts these actions and, before an action is brought, examines whether the file meets the necessary conditions.
Below you will find the difference between recognition and enforcement, the conditions required, how the process works and answers to frequently asked questions.
What is the difference between recognition and enforcement?
- Recognition. This is the acceptance in Turkey of the res judicata effect and conclusive evidential effect of the foreign decision. It is sufficient for consequences that do not require enforcement, such as entering the divorce in the civil registry.
- Enforcement. This is the process by which the decision becomes enforceable in Turkey. It is required for provisions that must be carried out, such as maintenance, compensation, custody and the division of property.
- Requesting both together. A single divorce judgment may contain provisions requiring both recognition and enforcement; in that case, both requests are put forward together.
- Administrative registration route. The law provides for a separate administrative route for registering in the civil registry divorce decisions given by the judicial or administrative authorities of a foreign country. This route is not an action and is subject to its own conditions.
What conditions are required for recognition and enforcement?
- Reciprocity (karşılıklılık). There must be reciprocity between Turkey and the state in which the decision was given, based on a treaty, a statutory provision or de facto practice. This condition is required only for enforcement; it is not required in a recognition action.
- Finality. The decision must have become final under the law of the country in which it was given and must bear a certificate of finality (kesinleşme şerhi).
- Exclusive jurisdiction. The decision must not have been given on a matter falling within the exclusive jurisdiction of the Turkish courts.
- Public policy. The judgment must not be manifestly contrary to Turkish public policy.
- Right of defence. The party against whom the decision was given must have been served with a summons in accordance with the laws of that country, must have been duly represented, and their right of defence must not have been restricted.
Can a divorce be entered in the civil registry without going to court?
Article 27/A of the Civil Registry Services Law (Nüfus Hizmetleri Kanunu) allows final divorce decisions given by the judicial or administrative authorities of a foreign country to be registered directly in the civil registry without an action being brought. This route is quick; its scope, however, is limited.
- Who can apply? The spouses may apply jointly, in person or through their representatives; if one of the spouses has died or is a foreign national, the spouse who is a Turkish citizen may apply alone (Civil Registry Services Law art. 27/A).
- Where to apply? To the Turkish diplomatic missions in the country where the decision was given, or to the civil registry offices designated by the Ministry of the Interior.
- Which documents are required? A certified copy of the decision, a document showing that it has become final, and certified Turkish translations of these.
- Which decisions are covered? Only provisions concerning divorce, the nullity or annulment of the marriage, or a determination of whether the marriage exists. Provisions concerning custody, maintenance, compensation and the division of property cannot be registered by this route; for these, an enforcement action must be brought.
- Public policy limit. Decisions manifestly contrary to Turkish public policy are not registered by the administrative route.
If the request for administrative registration is refused, or if the decision contains provisions requiring enforcement, such as custody and maintenance, recourse is had to the courts. For details, see our article How is a foreign divorce judgment recognised in Turkey? (in Turkish).
How does the process work?
- Preparation of documents. A certified copy of the decision, the certificate of finality, the apostille or consular legalisation, and sworn translations (yeminli tercüme) of these are added to the file.
- Court with subject-matter jurisdiction. Recognition and enforcement actions are heard by the court of first instance; for divorce judgments, the competent court is the family court.
- Court with territorial jurisdiction. The action is brought before the court of the domicile in Turkey of the person against whom enforcement is sought; if there is no domicile, it may be brought at the place of residence, and if there is none either, before one of the courts of Ankara, Istanbul or İzmir.
- Proceedings. The simple procedure applies. The court does not re-examine the merits of the foreign decision; it only reviews whether the conditions required by law are met.
- Decision and afterwards. Once the decision has become final, it is notified to the civil registry office and entered in the register, or the judgment declared enforceable can be submitted for enforcement.
How can people living abroad pursue the case?
It is not mandatory to come to Turkey for recognition and enforcement actions. The action can be conducted through a lawyer by means of a power of attorney containing special authority.
- Power of attorney. A power of attorney drawn up at a Turkish consulate, or one drawn up before a foreign notary, bearing an apostille and translated into Turkish, may be used. The power of attorney must expressly include the authority to bring a recognition and enforcement action.
- Apostille. For decisions given in countries party to the Hague Apostille Convention, an apostille is sufficient; for countries that are not party to it, consular legalisation is required.
- Service (tebligat). If the other party is abroad, the statement of claim must be served in accordance with the rules on international service; this stage is the main factor determining the length of the proceedings.
- Non-participation of the other party. The other party's failure to attend the hearings does not stop the process; once proper service has been effected, the case can be concluded in their absence.
How are foreign arbitral awards and commercial judgments enforced?
Arbitral awards given in international commercial disputes are enforced in accordance with the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which Turkey is a party, and the relevant provisions of the Turkish Code on Private International and Procedural Law (MÖHUK).
- The arbitral award must have become final and enforceable.
- The validity of the arbitration agreement, whether the parties were duly represented and whether the dispute is arbitrable are examined.
- The court does not re-examine the merits of the dispute; it reviews whether any of the grounds for refusal listed in the law exist.
Once enforcement has been granted, the decision can be pursued in Turkey by way of enforcement of a court judgment (ilamlı icra). For the enforcement proceedings following exequatur, see our Enforcement and Insolvency Law page.
What work do we carry out?
- Bringing and pursuing actions for the recognition and enforcement of foreign divorce judgments
- Seeking the enforcement of foreign judgments concerning maintenance, custody and compensation
- Handling requests for the enforcement of foreign arbitral awards
- Following up the administrative registration in the civil registry of divorce decisions given abroad
- Handling certificate of finality, apostille and sworn translation procedures
- Enabling the client to pursue the case without coming to Turkey, by means of a power of attorney with special authority
- Carrying out address searches and handling the service process in files where the other party's address is unknown
- Following up the entry of the final decision in the civil registry and its enforcement
Types of cases we handle
- Decisions relating to family law: provisions on divorce, custody, contact rights and maintenance
- Decisions relating to assets: provisions on compensation and receivables and provisions arising from the matrimonial property regime
- Commercial and arbitration decisions: enforcement of foreign arbitral awards
- Decisions relating to personal status: provisions on parentage, adoption and change of name
- Administrative registration files: applications for the registration in the civil registry of decisions of foreign authorities
Which courts hear the cases in Istanbul, Kocaeli and Sakarya?
The action is brought before the court of the domicile in Turkey of the person against whom enforcement is sought. If the parties have no domicile in Turkey, the competent courts are those of Ankara, Istanbul and İzmir. Since the address in the civil registry records of people who have lived abroad for a long time appears as an address abroad, in practice this rule becomes the main route rather than an exception. Accordingly, the recognition and enforcement proceedings of our clients who apply from abroad are conducted by our firm directly before the Istanbul courts.
- Recognition and enforcement of divorce judgments before the family courts
- For other decisions, before the civil courts of first instance
- The family courts at the Istanbul Anatolian Courthouse and the Istanbul Courthouse; appeals (istinaf) against their decisions are lodged with the Istanbul Regional Court of Appeal
- The family courts at the Kocaeli and Sakarya courthouses; appeals against these decisions are lodged with the Sakarya Regional Court of Appeal
- After finality, the relevant civil registry office or enforcement office
Related practice areas
- Family Law: divorce, custody and maintenance proceedings in Türkiye
- Immigration and Citizenship Law: residence permits, citizenship and entry bans
- Enforcement and Insolvency Law: enforcing a recognised foreign judgment
To send us information about a divorce, maintenance or commercial decision given abroad, you can use our contact page or make an appointment at our office in Kadıköy. For divorce, maintenance and custody proceedings in Turkey, you may also wish to look at our Family Law page.
The information on this page is general in nature and does not replace a legal opinion on a specific dispute.
Frequently Asked Questions
No. Since a foreign court decision does not automatically produce effects in Turkey, the marriage continues in the civil registry record. To correct the record, a recognition decision must be obtained or the administrative registration route provided for by law must be used. Otherwise, you cannot remarry in Turkey, and the marriage is also deemed to be continuing for the purposes of inheritance and the matrimonial property regime.
As a rule, no. The action can be pursued by means of a power of attorney with special authority drawn up for this purpose; the power of attorney can be obtained from a Turkish consulate abroad, or from a foreign notary with an apostille. The lawyer attends the hearings. Your presence is requested only in exceptional cases where the court considers it necessary to hear you in person.
A certified copy of the decision, the certificate of finality, the apostille or consular legalisation, and sworn translations of these are required. If the decision comes from a country that is not party to the Apostille Convention, legalisation is carried out through the consulate. Discrepancies in first names, surnames and dates of birth in the documents cause delays in the file, so they should be checked at the outset.
No. Reciprocity is required only in a request for enforcement; it is not required in a recognition action. Reciprocity may arise from a treaty between the two states, from a statutory provision or from de facto practice. For this reason, if only the correction of the civil registry record is sought, the question of reciprocity does not arise.
No. Once the defendant has been duly served, their failure to attend the hearing does not prevent the proceedings. If their address is unknown, an address search is carried out and, if the conditions are met, service by public notice (ilanen tebligat) is used; in this case, the process takes longer. Files in which the parties agree and service is effected without problems, on the other hand, are concluded more quickly.
The duration varies depending on whether service is to be effected in Turkey or abroad, whether the documents are complete and the court's workload. In files requiring service abroad, the duration becomes considerably longer. Because of these variables, it is not possible to predict a definite duration at the start of the file.
This is possible under the conditions laid down by law. For the registration in the civil registry of a divorce decision given by the judicial or administrative authorities of a foreign country, the spouses must apply jointly (or, if one of the spouses has died or is a foreign national, the spouse who is a Turkish citizen must apply alone) and the decision must comply with the prescribed procedure. Where the conditions are not met, or where one of the spouses does not take part in the application, a recognition action must be brought.
For this, an enforcement decision must first be obtained. Once the enforcement decision has been given and has become final, the foreign judgment can be submitted in Turkey for enforcement of a court judgment. Obtaining only a recognition decision is not sufficient for the enforcement of the maintenance provision.
Yes. Foreign arbitral awards that have become final and enforceable can be enforced in accordance with the 1958 New York Convention, to which Turkey is a party, and the provisions of MÖHUK. The court does not re-examine the merits of the dispute; it reviews whether any of the grounds for refusal listed in the law exist. The enforced award can be pursued by way of enforcement of a court judgment.