Divorce is complicated enough in one legal system. When spouses have different nationalities, live in different countries or married abroad, questions of jurisdiction, applicable law and recognition come first. We represent international and mixed-nationality families before the Bursa family courts and advise in English throughout.
When can a Turkish court hear your divorce?
Turkish family courts generally have jurisdiction if one spouse is a Turkish citizen or if one spouse lives in Turkey. The competent court is the family court where either spouse lives, or where they lived together during the last six months. For residents of central Bursa, this is the family court at the Bursa Courthouse.
Which law applies?
Under Turkish private international law, the divorce is governed by the common national law of the spouses. If they have different nationalities, the law of their common habitual residence applies; failing that, Turkish law. In practice, when both spouses live in Bursa, Turkish law is usually applied.
Uncontested divorce
If the marriage has lasted at least one year, the spouses can divorce by agreement. They sign a divorce protocol covering custody, contact with the child, child and spousal maintenance, compensation and the division of property. The judge hears both spouses in person and approves the protocol if it protects the children and both parties. We draft the protocol in Turkish with an English working translation, so you know exactly what you are signing.
Contested divorce
If there is no agreement, one spouse must prove a ground for divorce, most commonly that the marriage has irretrievably broken down. Evidence such as messages, witnesses and records must be listed in the first petition; new facts cannot usually be added later. The court can order interim measures while the case is pending, including temporary custody and maintenance.
Custody, maintenance and property
- Custody is decided on the basis of the best interests of the child. The court obtains a social services report and hears a child of sufficient maturity. Joint custody may be accepted where both parents agree.
- Child maintenance is paid by the parent who does not have custody; spousal maintenance may be awarded to a spouse who would otherwise fall into financial hardship.
- Property acquired during the marriage is generally shared under the statutory regime of participation in acquired property, unless the spouses chose another regime.
Recognition of a foreign divorce in Turkey
A divorce granted abroad does not automatically change the Turkish civil registry. Until it is recognised, a Turkish citizen remains married in Turkish records and cannot remarry in Turkey. There are two routes:
- Recognition case: filed before a Turkish family court. The court checks that the judgment is final, that the foreign court had jurisdiction, that the right of defence was respected and that the judgment is not contrary to Turkish public order.
- Administrative recognition: for certain divorce judgments, the spouses can apply directly to a civil registry office in Turkey or a Turkish consulate abroad, without a court case, if the statutory conditions are met.
You will need the judgment with its finality certificate, both apostilled and translated by a sworn translator.
International child abduction
Turkey is a party to the 1980 Hague Convention on international child abduction. If a child has been wrongfully brought to or kept in Turkey, the left-behind parent can apply through their country’s central authority, and a return case is heard by a Turkish family court. Timing is critical, particularly within the first year after removal.
If you live outside Turkey
We can file and conduct most of the case under a power of attorney. In an uncontested divorce the judge must hear both spouses in person, so we plan the hearing date with you in advance. Documents in other languages are translated by sworn translators, and the court appoints an interpreter at the hearing if needed.
For detailed information in Turkish, see our page on divorce and family law. To discuss your situation in English, use the form below.
Last updated . General information only; not legal advice.