In divorce cases heard in foreign countries, the issuance of a divorce decree means that the marriage contract between the spouses has ended in those countries. However, if no recognition and enforcement proceedings have been initiated in our country, the marriage will not be dissolved. In other words, the legal dissolution of a marriage abroad does not automatically mean that it is dissolved in Turkey. People living abroad can divorce and remarry by applying to the courts in those countries. However, this will not be possible because they are considered married in Turkey. To avoid this situation, a Recognition and Enforcement Case must be filed in Turkey. Only in this way will the marriages of married couples be removed from the completed records in Turkey.
The parties are not required to come to Turkey to file Recognition and Enforcement Cases. Therefore, conducting the proceedings through lawyers can make the process much faster. It is important that legal documents are prepared correctly for the proceedings to be conducted quickly and results to be obtained in a short time. For a recognition and enforcement case decision to be made in Turkey,. The divorce decision of the country where the divorce took place is required first. For this decision to be valid, it must be issued by a court.
In most European Union countries, divorce decisions are issued by courts. However, in some countries, divorce decisions can also be issued by municipalities.
Divorce decisions not issued by a court have no legal effect in Turkish courts.
Therefore, it is mandatory for the divorce decision to be issued by a court.
The divorce decree must have been issued and the divorce must have taken place. The fact that the case is ongoing and that divorce proceedings have been initiated in this context will not make it possible to file a recognition and enforcement case in Turkey. In addition, the final divorce decree documents must be apostilled. In our country, these documents must be apostilled in order to be submitted to the court and accepted by the court.
The divorce decree and all necessary documents must be translated into Turkish by sworn translators. These translations and the original documents must be certified by consulates. If these procedures are not followed, it is not possible to file a. Recognition and Enforcement Case in Turkey. From this perspective, the following procedures and documents must be completed and processed in order to file a Recognition and Enforcement Case.
Final divorce decree issued by the foreign courts where the divorce took place.
Apostille of the divorce decree.
Translation of the divorce decree by sworn translators and its apostille.
Consular certification of the divorce decree issued by foreign courts and its apostille.
It is not necessary to come to Turkey to complete these procedures. The recognition and enforcement case to be filed is not a divorce case, and the parties do not need to be present in court.
Therefore, lawyers may have the authority to prepare documents and submit them to the court. This allows the proceedings to be carried out smoothly and easily.
After the parties deliver the divorce decree obtained from the foreign court and the power of attorney with the apostille to the lawyer, the remaining procedures will be carried out in Turkey,. And the lawyer will obtain a Recognition Decision from the Population. Directorate, allowing the marriage status to be easily dissolved.