In Turkey a marriage can only be dissolved by a family court judgment. If the marriage has lasted at least one year, the spouses can obtain an uncontested divorce on the basis of a protocol settling all consequences; otherwise the case proceeds as a contested divorce, where fault and evidence become decisive. Where the spouses have different nationalities, the applicable law is determined under the Private International Law No. 5718, and Turkish law often applies. Custody is decided according to the best interests of the child. A divorce granted abroad has effect in Turkey only after recognition by a Turkish court, or, in certain cases, registration through an administrative procedure.
Family law in Turkey and international couples
Turkish family law is set out mainly in the second book of the Turkish Civil Code No. 4721 (Articles 118–494). Family disputes are heard by family courts; where there is no family court, the civil court of first instance acts as a family court.
For international couples, a few additional questions arise at the outset: Can a Turkish court hear the case? Which country's law will be applied? Will the judgment be recognised in the other country, and will a foreign judgment be recognised in Turkey? This guide covers these points along with the main rules of Turkish divorce law.
Which law applies to a divorce involving foreigners?
Where one or both spouses are foreign, the law applicable to the divorce is determined under the Turkish Private International and Procedural Law No. 5718 (MÖHUK). Under Article 14:
- If the spouses share a common nationality, the law of that nationality applies.
- If they have different nationalities, the law of their common habitual residence applies.
- If they have no common habitual residence, Turkish law applies.
For example, a British–Turkish couple living in Istanbul will usually be divorced under Turkish law, as Turkey is their common habitual residence. Two nationals of the same foreign country divorcing in Turkey may have their divorce governed by their own national law, which the Turkish court will apply. Turkish courts can generally hear divorce cases where one of the spouses is domiciled in Turkey; Turkish citizens living abroad can also file in Turkey.
Uncontested divorce (anlaşmalı boşanma)
Under Article 166(3) of the Civil Code, an uncontested divorce requires all three of the following:
- The marriage has lasted at least one year
- The spouses apply to the court together, or one spouse accepts the other's petition
- The judge hears both spouses in person, is satisfied that they are expressing their free will, and approves the arrangement (the protocol) they have agreed on the financial consequences and the children
The protocol usually covers custody, contact with the child, child and spousal maintenance, compensation, division of property and wedding jewellery. The judge may amend provisions that are not in the children's best interests; if both parties accept the amendments, the divorce is granted. Because an incomplete or vague protocol can lead to new lawsuits after the divorce, it should be drafted carefully.
The requirement that the judge hear the spouses in person means that both spouses normally need to attend the hearing. A spouse living abroad should plan travel to Turkey for the hearing date. If the marriage has lasted less than one year, the case cannot be concluded as an uncontested divorce even if the spouses agree.
Contested divorce and grounds for divorce
If the spouses cannot agree on the divorce or its consequences, the case proceeds as a contested divorce. The Civil Code distinguishes specific and general grounds:
| Ground | Description | Civil Code |
|---|---|---|
| Adultery | Sexual relations outside the marriage | Art. 161 |
| Attempt on life, severe ill-treatment or degrading conduct | Attack on the spouse's life, serious violence or humiliating treatment | Art. 162 |
| Crime and dishonourable life | A degrading crime or dishonourable way of life making cohabitation unbearable | Art. 163 |
| Desertion | Leaving the family home for at least six months without just cause and not returning despite a formal warning | Art. 164 |
| Mental illness | Incurable mental illness making common life unbearable | Art. 165 |
| Irretrievable breakdown | The marital union is shaken to its foundations so that common life cannot continue (the general ground) | Art. 166(1)–(2) |
| Separation after a rejected case | Common life not re-established for three years after a rejected divorce case became final | Art. 166(4) |
In practice, irretrievable breakdown is the ground most often relied on. In contested cases the court determines the parties' degree of fault, which directly affects claims for compensation and spousal maintenance. Evidence such as messages, witness statements, medical reports and police records must be collected lawfully; unlawfully obtained evidence may not be admissible.
- PetitionThe grounds, facts, evidence and claims (custody, maintenance, compensation) are set out; interim measures such as temporary maintenance and temporary custody can be requested.
- Written exchangesThe defendant spouse responds, and each party files one further written submission.
- Preliminary examinationThe court identifies the disputed issues, orders the collection of evidence and encourages settlement.
- EvidenceWitnesses are heard; if there are children, an expert (pedagogue or social worker) report is obtained; the parties' financial situation is investigated.
- Judgment and appealThe court rules on the divorce and its consequences. The judgment can be appealed to the regional court of appeal and, where the conditions are met, to the Court of Cassation. The divorce takes effect when the judgment becomes final.
Custody and contact with the child
When granting a divorce, the judge awards custody to one of the parents after hearing both and, where necessary, obtaining the opinion of child protection authorities (Civil Code, Art. 182). The decisive criterion is the best interests of the child: the child's age, education, bond with each parent, living conditions and, if the child is old enough, the child's own views are taken into account. The other parent is granted personal contact with the child, including holidays.
Although joint custody remains debated in practice, there are Court of Cassation decisions allowing it where the parents agree and it serves the child's interests. Custody and contact arrangements can be changed later if circumstances change. In international families, the risk of a child being taken abroad without consent is addressed under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, to which Turkey is a party.
Child and spousal maintenance
| Type | When and for whom | Civil Code |
|---|---|---|
| Interim maintenance (tedbir nafakası) | During the divorce case, for a spouse and children in need | Art. 169 |
| Child maintenance (iştirak nafakası) | Contribution of the non-custodial parent to the child's care and education | Art. 182 |
| Spousal maintenance (yoksulluk nafakası) | For a spouse who would fall into poverty because of the divorce and whose fault is not greater | Art. 175 |
The amount is set according to the parties' financial and social circumstances, the child's needs and fairness, and the court may order annual increases. Maintenance can later be increased, reduced or terminated by a new lawsuit if circumstances change. Spousal maintenance ends automatically if the recipient remarries.
Division of property
Since 1 January 2002, unless the spouses have agreed otherwise by contract, the statutory matrimonial property regime is the participation in acquired property regime (Civil Code, Art. 202). Property acquired for value during the marriage, such as a home bought with salary, a car or savings, is acquired property; property owned before the marriage, inheritances, gifts and personal items are personal property. When the regime ends, each spouse is entitled to half of the net value of the other spouse's acquired property (Art. 236). For periods before 2002, the separation of property regime generally applies, with a possible claim for contribution.
For international couples, the law applicable to the property regime is determined separately under Article 15 of Law No. 5718; the spouses may also choose the applicable law within the limits allowed. Immovable property in Turkey may be subject to Turkish law. A prenuptial or marital property agreement made abroad should be reviewed for its effect in Turkey.
Protection orders against domestic violence
Persons who are subjected to, or at risk of, violence can request protective and preventive measures under Law No. 6284 on the Protection of the Family and Prevention of Violence against Women, regardless of nationality. Measures include removing the violent person from the shared home, ordering them not to approach the protected person and not to contact them. Under Article 8, proof of violence is not required for an order to be issued. Applications can be made to the police, the public prosecutor, the family court or violence prevention centres. In an emergency, call 112.
Recognition of a foreign divorce judgment in Turkey
A divorce granted by a foreign court does not automatically take effect in Turkey. To be valid in Turkey and recorded in the Turkish civil registry, it must be recognised (MÖHUK, Art. 50 et seq.). This is particularly important for Turkish citizens who divorced abroad: until the divorce is registered, they still appear as married in Turkey, which affects remarriage, inheritance and property matters.
- The Turkish court does not re-examine the merits of the foreign judgment.
- It checks whether the judgment is final in the issuing country, is not manifestly contrary to Turkish public order, and whether the right of defence was respected.
- The application is filed with a family court in Turkey; it can be pursued through a lawyer under a power of attorney without the parties travelling to Turkey.
Certain final foreign divorce judgments requested jointly by both parties can be registered in the civil registry without going to court, through the governor's office or a Turkish consulate abroad (Population Services Law No. 5490, Art. 27/A). Which route is appropriate depends on the type of judgment and whether the former spouses cooperate. The general rules on recognition and enforcement of foreign judgments are also covered in our mediation and arbitration guide (in Turkish).
Competent court and time limits
Divorce cases are heard by the family court. Under Article 168 of the Civil Code, the competent court is the court of the domicile of either spouse, or of the place where they lived together for the last six months before the case. Family law disputes are not suitable for mediation, so mandatory mediation does not apply.
| Item | Period | Legal basis |
|---|---|---|
| Minimum length of marriage for uncontested divorce | 1 year | Civil Code, Art. 166(3) |
| Divorce based on adultery | 6 months from learning of it; 5 years from the act at the latest | Civil Code, Art. 161 |
| Divorce based on attempt on life or severe ill-treatment | 6 months from learning of it; 5 years at the latest | Civil Code, Art. 162 |
| Separate claims for compensation and spousal maintenance after divorce | 1 year from the divorce becoming final | Civil Code, Art. 178 |
Legislative changes in family law, particularly on maintenance, are discussed from time to time. This information is general; time limits should be assessed with a lawyer according to the current legislation before filing a case.
Documents usually required
- Passports or identity documents of both spouses and the marriage certificate
- For uncontested divorce: the signed divorce protocol
- Documents showing the parties' income and the children's school and health expenses
- For property division: title deeds, vehicle registrations, bank statements and loan documents
- Evidence supporting the grounds for divorce and witness details
- For recognition: the foreign judgment with a certificate of finality, apostille and sworn Turkish translation
Relevant legislation
Turkish legislation is published (in Turkish) at mevzuat.gov.tr:
- Turkish Civil Code No. 4721 — Art. 161–184 (divorce), Art. 202 et seq. (property regimes), Art. 335 et seq. (custody)
- Private International and Procedural Law No. 5718 — Art. 14, 15, 50 et seq.
- Population Services Law No. 5490 — Art. 27/A
- Law No. 6284 on the Protection of the Family and Prevention of Violence against Women
- Law No. 4787 on Family Courts
- Hague Convention on the Civil Aspects of International Child Abduction (1980)
Family Law: topics
The main topics within Turkish family law are listed below. Detailed guides for each are in preparation.
- Uncontested divorce
- Contested divorce
- Custody
- Child and spousal maintenance
- Division of property
- Recognition of foreign divorce judgments
- Protection orders under Law No. 6284
Frequently asked questions about divorce and family law in Turkey
Can foreigners get divorced in Turkey?
Yes. Turkish courts can generally hear a divorce where one of the spouses is domiciled in Turkey. The law applied depends on the spouses' nationalities and habitual residence under Law No. 5718; for couples of different nationalities living in Turkey, Turkish law usually applies.
How long does an uncontested divorce take in Turkey?
An uncontested divorce is often concluded at a single hearing once the protocol is ready, and the judgment becomes final after the appeal period if neither party appeals. The overall time depends on the court's workload and the hearing date given.
Do both spouses have to attend the uncontested divorce hearing?
Yes, as a rule. The law requires the judge to hear both spouses in person to confirm that they agree freely. A spouse living abroad should plan to be in Turkey on the hearing date.
My divorce was granted abroad. Is it valid in Turkey?
Not automatically. It must be recognised by a Turkish family court, or in certain jointly requested cases registered through the governor's office or a consulate. Until then, Turkish records will still show you as married.
Do I need to come to Turkey for recognition of a foreign divorce?
Usually not. A recognition case can be conducted by a lawyer under a power of attorney. You will need the foreign judgment with a certificate of finality, an apostille and a sworn Turkish translation.
Who gets custody of the children?
Custody is decided according to the best interests of the child, taking into account the child's age, needs, bond with each parent and, where appropriate, the child's own views. Nationality is not in itself a deciding factor. The other parent is granted contact.
How is property divided after divorce in Turkey?
For property acquired since 1 January 2002 under the statutory regime, each spouse is entitled to half of the net value of the other's acquired property. Personal property such as pre-marital assets, inheritances and gifts is excluded. For international couples, the applicable law to the property regime must also be determined.
Is mediation required before a divorce case?
No. Family law disputes are not suitable for mediation, so mandatory mediation does not apply to divorce cases.
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation. Legislation and court practice change over time, so check the current legislation before taking any step. Last updated: 7 October 2026