Exceptional Regulations Regarding Decisions by Foreign Authorities
Legal recognition of a status or fact in a jurisdiction is a formal acknowledgement of it being true, valid, legal or worthy of consideration and may involve approval or the granting of rights. According to Turkish Law, legal recognition process is ensured by court decisions.
Article 4 of the Decree-Law on the Making of Certain Arrangements under the State of Emergency Act No. 690, which entered into force on 29.04.2017, provides for an exceptional regulation on foreign divorce decisions. According to Article 27 / A, which is added to the civil registry services act numbered 5490:
Decisions on divorce, abolition, annulment or determination of marriage by the foreign judicial or administrative authorities may be annotated directly to the civil register.
The requirements for this process are as follows:
– The parties should apply together.
– The decisions must be made by the competent body of the foreign state.
– Decisions should not be against Turkish public order.
The registrations to be made to the civil register shall be made by the foreign representative offices where the decision is made abroad and in Turkey by the directorate of civil registration and citizenship affairs determined by the Ministry.
If the conditions are not met, the provision shall not be applicable. In this case, a civil action will be required according to the provisions of the Law No. 5718 on Private International Law and Procedural Law.
Thanks to this exceptional regulation, there is no need to file a lawsuit for the recognition of divorce decisions from foreign countries. In the event that the parties apply together or authorize the lawyer on both sides, these procedures can be easily resolved at the directorate. If the parties do not apply together or authorize the lawyer on this issue, it is obligatory to file a lawsuit for the recognition of decisions. Decisions that may disrupt the Turkish public order (eg decisions involving discrimination etc) will not be recognized under no circumstance.