Recognition of Marriage

Marriage holds significant social and legal importance in Turkish law. However, sometimes marriages between couples may be subject to recognition and enforcement procedures, especially if they were conducted in a foreign country or for other reasons.

The recognition of marriage generally refers to marriages conducted in foreign countries being acknowledged as valid by the Turkish legal system. On the other hand, the enforcement case is a method primarily used for executing judgments related to divorce-related matters (such as alimony, custody, compensation, etc.).

It is crucial to emphasize at this stage that an unresolved foreign court decision cannot be the subject of recognition and enforcement. Additionally, before initiating the process of recognition and enforcement of marriage, the compliance of the foreign court decision with Turkish law must be assessed. Decisions contrary to Turkish public order may not be recognized.

The execution of final judgments obtained in foreign country courts in Turkey depends on the issuance of an enforcement order by a competent Turkish court. The enforcement decision becomes effective retroactively from the moment the foreign court decision is finalized.

In the lawsuit opened for the recognition and enforcement of marriage, the competent court is the court of the defendant’s residence in Turkey. If the defendant does not have a residence in Turkey, the court of the place where they are domiciled is competent. If these are not applicable, the courts in Ankara, Istanbul, and Izmir are authorized for divorce recognition and enforcement cases. After reviewing the application, the court issues a decision, and the parties have the right to appeal.

Several documents are required in recognition and enforcement cases, including the marriage certificate, marriage document, the foreign court decision with a certified annotation indicating its finalization, apostille endorsement (providing the link to the apostille endorsement writing is effective for SEO), translation of the foreign court decision into Turkish by a sworn translator, and approval of this translation by a Notary or Consulate, and a power of attorney.

The duration of a recognition and enforcement case may vary depending on various factors. Representation by an attorney can shorten the process, especially during the notification and attendance of hearings stages. Moreover, if one of the parties is abroad, notifications will be complex and time-consuming. The expenses for notifications abroad and related legal costs will increase. However, having legal representation will eliminate these issues and expedite the process. Also, if you are represented by an attorney, you are not required to attend hearings.

Seeking assistance from an attorney during the recognition and enforcement process of marriage can help you access accurate information and manage the process more effectively. An attorney can guide you in preparing the necessary documents, submitting the application to the court, and monitoring the entire process.

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