We have provided detailed information on the recognition and enforcement of divorce decrees rendered abroad in other articles on our website, which address the legal requirement for recognition and enforcement. If a recognition and enforcement lawsuit is not filed, the parties remain married before Turkish authorities and their legal heirship status continues.
While we have emphasized the high probability that a case will be dismissed without providing the required documents for filing a recognition and enforcement lawsuit under Private International Law and Procedural Law, we believe it would be beneficial to provide a sample Court of Cassation decision due to the questions posed.
Below, we share the list of required documents for the recognition and enforcement of divorce, along with the opinion of the relevant civil chamber of the Court of Cassation regarding their non-provision.
WHAT DOCUMENTS ARE REQUIRED TO FILE A RECOGNITION AND ENFORCEMENT LAWSUIT?
Original foreign court decision (divorce decree)
Annotation or document and apostille indicating that the foreign court’s divorce decree is final
Translation of the foreign court’s divorce decree into Turkish by a sworn translator and certification by a notary or consulate
Photocopy of passport and identity card
If a lawyer will be granted power of attorney, a photographed divorce power of attorney and a statement stating “authority to file a lawsuit for recognition and enforcement of a divorce decree issued abroad” in the power of attorney.