Recognition and Enforcement examples:
I am divorced abroad but I am married in Turkey.
I got divorced in the Netherlands and it is not valid in Turkey.
I was married in Germany, divorced in the Netherlands, I want to remarry in Turkey, none of my marriage and divorce procedures are valid in Turkey.
Recognition and enforcement processes have a very important place in the field of international law. Especially in our globalized world, the fact that people live in different countries and carry out legal transactions has brought the issues of recognition and enforcement to the agenda. These processes are related to the recognition and enforcement of legal decisions taken in one country in another country. These processes are of great importance especially for decisions affecting personal situations such as marriage and divorce.
Persons living in Turkey but married or divorced abroad may face problems regarding the legal status of these decisions in Turkey. In order for a foreign divorce decree to be recognized and enforced in Turkey, the persons concerned must file a recognition and enforcement action. This process means assessing the validity and compliance of the foreign judgment with the law of the Republic of Turkey.
Individuals who have been divorced in a foreign country but are still married in Turkey should file a recognition and enforcement case to rectify this situation. This case is examined by Turkish courts and it is assessed whether the decision is in compliance with Turkish legal norms. If found appropriate, the foreign court decision is recognized and enforced in Turkey.
Similarly, a marriage that took place abroad is also a situation that needs to be legally recognized in Turkey. If a person is married in a foreign country and wishes to have this marriage recognized in Turkey, a similar process must be followed. In order for the foreign marriage registration to be recognized in Turkey, a recognition and enforcement action must be filed.
Recognition and enforcement cases are of great importance in terms of clarifying the civil status of individuals, eliminating legal uncertainties and protecting personal rights. These cases are evaluated and decided within the legal processes and judicial system in Turkey. Thus, the legal consequences of legal transactions abroad in Turkey are clarified and the legal status of the persons concerned is updated.
In conclusion, recognition and enforcement processes must be carried out correctly in order for foreign legal decisions to be recognized and enforced in Turkey. These processes are an important part of international legal cooperation and the protection of individuals’ rights. Therefore, it is of great importance for Turkish citizens who have been married or divorced abroad to take the necessary steps to clarify the legal consequences of these transactions in Turkey.
What kind of problems may arise if the recognition and enforcement of divorce judgments rendered abroad are not recognized and enforced in Turkey?
Recognition and enforcement processes are the processes of recognizing and enforcing international legal transactions in accordance with local laws. Especially in the context of divorce decisions, failure to carry out these processes correctly may bring many legal and social problems. The problems that may be encountered when the recognition and enforcement of divorce decisions taken abroad are not recognized and enforced in Turkey may have serious consequences at both individual and social levels.
If a foreign divorce judgment is not recognized and enforced in Turkey, this may have significant effects on the marital status of individuals. First of all, individuals who are still considered married in Turkey cannot enter into a new marriage. This may lead to serious problems in terms of family law. Individuals’ rights to life and freedoms may be restricted, and they may experience psychological and social difficulties due to their inability to legally enter into a new union.
Secondly, serious problems may also arise in the context of inheritance law. Individuals who are divorced abroad but still appear to be married in Turkey continue to be each other’s legal heirs. This may have unintended consequences for couples who are actually separated but not legally separated. Individuals may not want their inheritance to go to their ex-spouses, whom they perceive to have ended the legal bond between them. In addition, this may lead to unfairness and disputes in the division of the inheritance.
Failure to carry out recognition and enforcement proceedings also means that official documents and records are not updated. This can lead to individuals relying on misleading information and making incorrect transactions during official transactions. For example, in areas such as health insurance, social security entitlements or banking transactions, the use of incorrect information on individuals’ marital status can lead to various legal and financial problems.
The importance of recognition and enforcement proceedings extends not only to the personal lives of individuals, but also to the integrity of the legal system and the administration of justice. The proper execution of these processes is critical for preventing legal uncertainties, protecting the rights of individuals and ensuring social order. Therefore, it is of great importance for Turkish citizens divorced abroad to take the necessary steps for the recognition and enforcement of these divorces in Turkey, both for their own legal security and for the healthy functioning of the social legal order. These processes constitute concrete examples of international legal cooperation and mutual legal recognition, and the importance of such cooperation is increasing day by day in our globalizing world.
Is it necessary for the parties to come to Turkey for recognition and enforcement proceedings and to attend the proceedings?
The Turkish legal system does not require the parties to appear in person in recognition and enforcement proceedings. This is a great convenience, especially for individuals who live abroad or are unable to come to Turkey for various reasons. Such cases can be conducted through a lawyer, so that the parties can follow the process from wherever they are and carry out the necessary legal procedures.
The flexibility of the recognition and enforcement process supports the global integration of legal proceedings and the protection of individuals’ rights across borders. This flexibility reinforces one of the fundamental principles of international law: accessibility and enforceability. Individuals have an easy and accessible way to have legal changes or decisions occurring in different geographies recognized and enforced in the country where they live.
This flexible nature of recognition and enforcement proceedings also represents a service provided by the Turkish legal system to its citizens living abroad or foreign nationals involved in legal proceedings in Turkey. It is a demonstration of Turkey’s commitment to international legal cooperation and fulfillment of its obligations. Conducting proceedings in this way emphasizes the flexibility and accessibility of the Turkish legal system and its compliance with international legal norms.
Conducting recognition and enforcement proceedings remotely also highlights the role of legal representatives and lawyers. Lawyers can be present in court on behalf of their clients, submit the necessary documents and actively participate in all stages of the process. This improves the quality and efficiency of legal representation, facilitates the parties’ access to legal proceedings and effectively defends their rights.
In conclusion, recognition and enforcement proceedings are an important part of the international functioning of the Turkish legal system. The fact that the parties do not need to come to Turkey for these proceedings increases the accessibility and applicability of the legal system and supports the integration of legal processes on a global scale and the protection of individuals’ rights. This approach strengthens Turkey’s position in the field of international law and facilitates the recognition and enforcement in Turkey of legal decisions from other countries.
In which city is the recognition enforcement case filed?
If the parties have a domicile in Turkey, they must file a lawsuit for the recognition and enforcement of the divorce judgment in the courts of the relevant city. However, if they do not have a domicile in Turkey, they can apply to the courts in Ankara, Istanbul or Izmir for this procedure. This shows that the Turkish legal system has a flexible structure in the recognition of international divorce judgments and expresses an approach to facilitate the recognition and enforcement of foreign judgments in Turkey.
Legal consultancy firms such as DYC Legal Consultancy can support the parties in the recognition and enforcement process. These firms can represent the parties at all stages of the process and ensure that the proceedings are completed quickly and completely. If the parties reside in a foreign country, they can obtain the power of attorney required for recognition and enforcement proceedings from the Turkish consulates or notaries in their country of residence. Powers of attorney obtained through a notary public in a foreign country may need to be translated into Turkish, notarized and apostilled, which is an important step as part of the process.
If the parties reside in Turkey, the issuance of a power of attorney can be easily carried out through notaries in Turkey. This implies ease of access to legal proceedings in Turkey and the ability of the parties to conduct their legal proceedings efficiently and effectively on the spot.
Successful completion of recognition and enforcement processes is of great importance in terms of clarifying the civil status of the parties, eliminating legal uncertainties and protecting the rights of individuals. When these processes are carried out in accordance with international legal standards, they support legal cooperation between different countries and the healthy maintenance of legal relations between individuals. Therefore, recognition and enforcement proceedings are of fundamental importance for the protection of legal transactions and individual rights in our globalized world. The correct and effective management of these processes is essential to ensure that individuals have access to justice and legal security at the international level.
DYC Legal Consultancy, if a power of attorney is issued by any of the following methods, will resolve the entire process on your behalf in the fastest and most complete manner.
- If the parties reside in a foreign country, they may obtain a power of attorney for recognition and enforcement from the nearest Turkish consulate in that country.
- If the parties reside in a foreign country, they may obtain a power of attorney from the notary public in their country. However, since the relevant power of attorney will be in a foreign language, the said power of attorney must be translated and apostilled.
- Finally, if the parties are residing in Turkey, they can issue the power of attorney at notaries in Turkey.
Which documents are required in recognition and enforcement cases?
Recognition and enforcement proceedings have a very important place in the field of international law and involve the processes necessary for judicial decisions taken in different countries to be valid in another country. Such cases play a major role in clarifying the legal status of individuals, especially in matters related to personal status, such as divorce. In the recognition and enforcement process, certain documents must be submitted and the correct and complete preparation of these documents is critical for the successful completion of the process.
Court Decree of Divorce Abroad
In order for a foreign divorce decree to be recognized and enforced in Turkey, firstly, the original court decision is required. This decision must be original and must bear the seal of the court and the wet signature of the relevant officials. This document confirms that the judgment is a legal and official document and is a fundamental document for filing a recognition and enforcement case. This judgment must be an original with a wet signature, i.e. sealed and signed.
Letter of Finalization of Divorce Decree
Secondly, a letter stating that the divorce decision has become final is required. The finalization process of the decisions issued by foreign courts may vary according to different judicial systems. For this reason, the courts in Turkey use this document to determine whether the decision has become final or not. The finalization annotation shows that the judgment is no longer appealable and that the proceedings are completed. In summary, the divorce decree issued in a foreign country must be finalized. Whether the court’s decision is finalized or not is determined by an additional letter written under the decision. This writing, which is mandatory for the recognition and enforcement case, is called a finalization annotation.
In the process of recognition and enforcement, the date of finalization of the judgment is very important because this is the date on which the parties are deemed to be legally divorced. In the Turkish legal system, a recognition and enforcement action cannot be filed based on a divorce judgment that has not yet been finalized. This is an indication that the process is based on a legal basis and the decision is final. In summary, in terms of recognition and enforcement proceedings, the date of finalization, not the date of the court decision, is the date on which the parties are deemed to be divorced. A lawsuit cannot be filed in Turkey for the recognition and enforcement of a foreign court’s judgment that has not yet become final. In other words, the finalization of the court decision is a litigation condition for the recognition and enforcement action.
Apostille from the Consulate
Thirdly, the divorce decree must be apostilled. Apostille is an international approval process required for a document to gain legal validity in another country. In order for a divorce decree obtained in a foreign country to be recognized in Turkey, it must be apostilled.
This process is usually carried out by Turkish embassies or consulates in the foreign country. In other words, the step to be followed after obtaining the finalized court decision is the “approval” process called “apostille”. A finalized divorce decree issued by an authorized court must be determined with an apostille. The apostille process is carried out by the Turkish Embassy or Turkish Consulate in the foreign country.
Translation of Divorce Decree
Fourth and finally, the foreign language divorce decree must be translated into Turkish and the translation must be notarized. Since Turkish is the language of jurisdiction in Turkey, Turkish courts need a Turkish translation of a foreign-language document in order to examine it. Notarization of the translation confirms the accuracy and officiality of the translation.
The language of jurisdiction in Turkish Courts is accepted as “Turkish”. Therefore, in order for a foreign language judgment obtained from a foreign court to be accepted by Turkish Courts, it must be translated into Turkish.
For this reason, foreign court decisions must be translated by sworn translators certified by a Notary Public together with the apostille annotation.
Every step of this process is of great importance for the recognition and enforcement proceedings to be based on a legal basis and for the process to be carried out in a transparent and fair manner. The complete and accurate preparation of the documents allows the process to be completed quickly and effectively, while clarifying the legal status of individuals and protecting their legal rights. Recognition and enforcement proceedings are a concrete implementation of mutual recognition and cooperation, which is one of the fundamental principles of international law, and the importance of such proceedings is increasing day by day in our globalizing world.
DYC Law and Consultancy provides you with the fastest service for notarized Turkish translations of foreign court decisions with its business partner sworn translators.
