There must be a decision made by a foreign court about civil cases.
This foreign court decision must be finalized according to the law of the country in which it was issued.
It should not be clearly contrary to public order.
The recognition and enforcement of the requested drug must be located in the country providing reciprocity.
right of application should not be used contrary to the rule of honesty.
THE NEW REGULATION ON DIVORCES ABROAD
As a rule, the recognition and enforcement of decisions regarding divorce cases issued by a foreign court are made by the competent and competent court within the borders of the Republic of Turkey.
However, according to Article 27 / A added to the Population Services Law No. 5490 by Decree No. 690 dated 17/04/2017, decisions on divorce, separation and annulment of marriage made abroad have been allowed to be registered in the authorized population register in the country. For this purpose, a number of conditions are listed in the relevant article of the law:
With the application to the population abroad
divorce, separation, annulment of marriage or marriage must be performed in a foreign country.
According to the law of the country where this decision is made, it must be finalized.
The parties must participate together or through their representatives. It is mandatory to apply together.
The relevant decision should not be contrary to Turkish public order.
As it can be seen, before the above-mentioned regulation was introduced, the persons requesting recognition and enforcement had to apply to the Turkish judicial authorities. Under the current arrangement, if the parties act together and other conditions are met, registration can be requested directly to the authorized population directorate.
According to the above explanations, the recognition and enforcement of divorce, separation, annulment of marriage and determination of marriage decisions are of a nature that will lead to a number of problems, although attempts have been made to make them enforceable.
As a matter of fact, it will not always be possible for population directorates conducting administrative affairs and operations to evaluate in a healthy way whether the necessary conditions for recognition and enforcement have been met. For example, to give an example, due to the existence of different legal systems, it may take a long time or it may be incorrectly determined by the population directorate that the decision made by a foreign court has been finalized according to the law of that country. Even judicial authorities need the judgment of a judge and a lawyer who specializes in foreign law and is experienced in evaluating a decision from a foreign court.
Although the determination of a violation of public order is a matter that is only at the discretion of the judicial authorities, such a provision added to the legislation is likely to have unhealthy consequences.
Authorized population directorates, Law No. 5490 m. As stated in 27/A/4, it will be determined by a regulation on the procedures and principles to be issued by the Ministry of Interior, and this regulation has not yet been published.
PROCESSING OF DIVORCE PROCEEDINGS ABROAD AGAINST THE POPULATION WHAT IS DONE IN CASE OF REJECTION OF THE REQUEST?
If the request for registration of divorce, separation, annulment of marriage and determination of marriage decisions is rejected due to non-compliance with the conditions specified in the article of the law, the parties will be able to request recognition and enforcement of the relevant decision through a lawsuit in accordance with the provisions of the Law No. 5718 on Private International Law and Procedural Law.
Accordingly, one of the parties whose request has been rejected by the population directorate will be able to file a lawsuit for recognition or recognition of divorce abroad in one of the courts in Istanbul, Izmir, Ankara, if there is no place of residence in Turkey, where the person requested enforcement is located, if there is no such court, if there is no such court. The court responsible for handling these cases will be the family court.
WHO CAN APPLY FOR DIVORCE PROCEEDINGS ABROAD?
According to the explicit wording of the article of the law, the participation of the parties together or through their representatives is envisaged. However, if the parties are not justified, it has not been answered in the current arrangement who has the authority to apply.
The operations of the population directorate are administrative in nature. The administrative and judicial authority conducting business processes for the benefit of one of the parties may register directly in the population register in accordance with Article 27/A of Law No. 5490, since it is not possible to determine the divorce, separation, divorce and marriage decision if it is not located abroad, and if it is not authorized according to the provisions of the Family Court, a MOHUK recognition and enforcement case will have to be filed.
WHAT ARE THE NECESSARY DOCUMENTS RELATED TO THE POPULATION OF DIVORCE PROCEEDINGS ABROAD?
A petition containing a request for registration of a divorce decision in a foreign court related to the population register / A printed form issued by the Ministry of Registration of the requested foreign court
the original and approved copy of the divorce decision of the foreign court whose registration is requested
registration of a notary public or consular approved translation of the divorce decision
the original of the approved document indicating that the requested foreign court decision has been finalized
Indicates that the approved translation of the approved document has been finalized
WHAT CAN BE DONE IF THE PARTIES CANNOT APPLY FOR DIVORCE ABROAD TOGETHER?
If the parties or their lawyers are unable to apply to the Authorized Population Directorate or consulate together, or if it is impossible for them to act together, a divorce recognition and enforcement case must be filed abroad in accordance with the provisions of the MOHUK.
It is possible to file recognition and enforcement cases, and no matter how much time has passed since the judgment was rendered abroad, it is possible to file these cases, as they will not be subject to the statute of limitations in terms of legal benefits.
Recognition and enforcement cases will be subject to a simple trial procedure.
Upon the recognition and enforcement decision made by the competent Family Court, the decisions of divorce, separation, annulment of marriage and determination of marriage taken from abroad are also final decrees in Turkey and can be executed.