Recognition of Foreign Court Decrees
The registration procedure for foreign court decrees on divorce may be undertaken within the state register of persons by filing a lawsuit for recognition as per the International Private and Procedural Law No.5718 and dated 27/11/2007 (“IPPL”). In other words, the divorce decision given by a foreign court may be registered as if it is decision given by a Turkish court
The decision should fulfill the requirements under IPPL for obtaining a decision for recognition. Recognition is regulated under Article 58 of the IPPL as follows:
Article 58- (1) A foreign court decree may serve as a definitive evidence or final judgment, provided that the court decides that the foreign court decree fulfills the conditions of enforcement. Subparagraph (a) of Article 54 shall not apply to recognition.
(2) The same article shall apply to the recognition of undisputed court decrees.
(3) The same procedure shall apply in concluding an administrative transaction based on a foreign court decree.”
As seen from the Article, the recognition of a foreign court decree as a final judgment is dependent upon fulfilling the conditions of enforcement. The requirements of enforcement should be fulfilled for recognition except the subparagraph (a) of first paragraph of Article 54 of IPPL.
Requirements for Recognition of a Foreign Court Decree on Divorce
Pursuant to Article 58, the conditions of recognition are as follows as per Article 54 of IPPL:
“Conditions of Enforcement
Article 54- (1) The competent court shall render enforcement subject to the following conditions:
- The judgment must have been given on matters not falling within the exclusive jurisdiction of the Turkish courts or, in condition of being contested by the defendant, the judgment must not have been given by a state court which has accepted himself competent even if there is not a real relation between the court and the subject or the parties of the lawsuit,
- The court decree shall not openly be contrary to public order,
- The person against whom enforcement is requested was not duly summoned pursuant to the laws of that foreign state or to the court that has given the judgment, or was not represented before that court, or the court decree was not pronounced in his/her absence or by a default judgment in a manner contrary to these laws, and the person has not objected to the exequatur based on the foregoing grounds before the Turkish court.”
It must be emphasized that among fulfilling the conditions of enforcement, the court decree on divorce shall be finalized as per the laws of the place where the decision was given. Since submitting a document or written statement from the authorities of the state which officially confirms that the court decree is final is among the conditions for filing a lawsuit.
On the other hand, enforcement of the decision should also be requested if the decision decree includes matters such as child support, compensation which should be executed. In this case all condition for recognition of a decision shall be sought.
Recognition lawsuit shall be filed at the Civil Court of First Instance. The statement of claim including request of recognition is required to be served to the other party with the date of hearing. The lawsuit may be completed within a short period of time if the conditions for enforcement are fulfilled and there are no issues with regards to serving to the other party or an objection to the request of recognition.
You may contact us from firstname.lastname@example.org for questions about recognition of foreign divorce decisions.