Under Turkish law, divorce from a foreign national spouse is an important legal process faced by both foreign national spouses and Turkish citizen spouses. Turkey has a detailed legal infrastructure for divorce proceedings and this infrastructure regulates the divorce proceedings of foreign spouses under the influence of international law. In this article, it will be discussed step by step how the divorce of a foreign national spouse is carried out under Turkish law.
1. Legal Basis: Divorce from a foreign national spouse under Turkish law is based on the provisions of the Turkish Civil Code (TCC) and other relevant legislation. The TCC regulates the issues of marriage, divorce and family law and determines that foreign spouses are also subject to these provisions in Turkey.
2. Competent Court: Divorce cases are heard in the competent courts according to Turkish law. Which court is competent is determined according to the TCC and the rules of Turkish law. Generally, if the spouses have their last place of residence or a place of residence in Turkey, the court of that place is authorised.
3. Reasons for Divorce: According to the TCC, divorce can be based on various reasons. These reasons may include adultery, violence, abandonment, leading an undignified life. Spouses should present the reasons for divorce to the court and provide the necessary evidence.
4. Filing a Lawsuit: The divorce case is filed in the competent court. The lawsuit can be filed by the Turkish citizen spouse or the foreign spouse. However, there may be a language problem. Foreign spouses can file a lawsuit in languages other than Turkish, but the court usually accepts Turkish documents and may request translation if necessary.
5. Litigation Process: After the lawsuit is filed, the court initiates the litigation process. The parties make their defence through their lawyers and the court evaluates the evidence and proofs. During the litigation process, the court tries to resolve the issues in dispute between the parties.
6. Alimony and Property Sharing: In case of divorce, financial issues such as alimony and property division should also be regulated. According to Turkish law, while determining alimony in order to ensure economic balance as a result of divorce, the division of property is also made in a fair manner. In this process, the financial situation and contributions of the spouses are taken into consideration.
7. Divorce Decision and Registration: When the court decides to divorce, this decision is officially registered. After the registration, the divorce is officially realised and both spouses are considered officially divorced.
8. International Law and Conventions: Turkey has become a party to international conventions regulating the divorce procedures of foreign spouses. In particular, the “Law on International Private and Procedural Law” (IÖHUK) dated 1983 regulates the rights and obligations of foreign spouses. These conventions are important to protect the rights of foreign spouses arising from Turkish law.
9. Legal Counselling and Advocacy Services: It is important for foreign spouses to obtain professional legal counselling or advocacy services in the divorce process under Turkish law. This may help the process to proceed more regularly and smoothly. It is also recommended that foreign spouses seek the support of experts to help them understand Turkish law and international conventions.
10. Enforcement Action: In the event that payments such as alimony or property division received as a result of divorce are not fulfilled, the enforcement directorates step in and ensure the enforcement of the decision.
In conclusion, divorce from a foreign spouse under Turkish law can be a complex process. It is important for the parties to seek professional legal support to understand and follow this process correctly. Foreign national spouses should consider the relevant rules of Turkish law and international conventions to protect their rights and obligations. In this way, the divorce process can be completed more fairly and smoothly.