There must be a decision given by a foreign court regarding a civil case.
This foreign court decision must be finalized according to the law of the country in which it was given.
There must be no clear contradiction with public orderiven by a foreign court regarding a civil case.
This foreign court decision must be finalized according to the law of the country in which it was given.
There There must be a decision given by a foreign court regarding a civil case.
This foreign court decision must be finalized according to the law of the country in which it was given.
There must be no clear contradiction with public order.
There must be reciprocity with the country that issued the judgment whose recognition and enforcement is sought.
The right to apply should not be used in violation of the rule of honesty.
New Regulation For Divorcees Abroad
As a rule, the recognition and enforcement of a decision on divorce cases issued by a foreign court is carried out by the competent and competent court within the borders of the Republic of Turkey. As a rule, the recognition and enforcement of a decision on divorce cases issued by a foreign court is carried out by the competent and competent court within the borders of the Republic of Turkey.
However, decisions on divorce, separation and marriage granted abroad, the decision of a foreign coAs a rule, the recognition and enforcement of a decision on divorce cases issued by a foreign court is carried out by the competent and competent court within the borders of the Republic of Turkey.
However, decisions on divorce, separation and marriage granted abroad, the decision of a foreign court regarding Article 27 / A added to the Population Services Law No. 5490 by Decree Law No. 690 dated 17/04/2017, has been allowed to be registered in the authorized population register in the country. For this purpose, a number of conditions are listed in the relevant article of the law:
Conditions for Applying for Divorce Abroad to the Population and Operating
There must be a decision on divorce, separation, divorce of marriage or determination of marriage issued in a foreign country.Conditions for Applying for Divorce Abroad to the Population and Operating
There must be a decision on divorce, separation, divorce of marriage or determination of marriage issued in a foreign country.
This decision must be finalized according to the law of the country in which it was made.
The parties must participate together or through their representatives. Application together is essential.
The relevant decision must not be against Turkish public order.
As can be seen, before the aforementioned regulation was introduced, the persons requesting recognition and enforcement were required to apply to Turkish judicial authorities. In the current regulation, if the parties act together and the other conditions listed are met, a registration request can be made directly to the competent civil registry office.
In line with the above explanations, the recognition and enforcement of divorce, separation, divorce and marriage determination decisions, although they have been tried to make practical, are also likely to cause some problems.n line with the above explanations, the recognition and enforcement of divorce, separation, divorce and marriage determination decisions, although they have been tried to make practical, are also likely to cause some problems. That is, it will not always be possible for population directorates conducting administrative business and transactions to make a sound assessment of whether the conditions sought for recognition and enforcement have been met. For example, the determination that the decision made by a foreign court has been finalized according to the law of that country may take a long time to be determined by the population directorate, taking into account that there are different legal systems, or it may be determined incorrectly.or example, the determination that the decision made by a foreign court has been finalized according to the law of that country may take a long time to be determined by the population directorate, taking into account that there are different legal systems, or it may be determined incorrectly. Even judicial authorities need the reasoning of a judge and lawyer who specializes in foreign law and is experienced in evaluating a decision obtained from a foreign court.
While the detection of a violation of public order is also a matter that can only be appreciated by the judicial authorities, the enforcement of such a provision added to the legislation is likely to lead to unhealthy consequences.
Authorized population directorates, Law No. 5490 m.hile the detection of a violation of public order is also a matter that can only be appreciated by the judicial authorities, the enforcement of such a provision added to the legisWhile the detection of a violation of public order is also a matter that can only be appreciated by the judicial authorities, the enforcement of such a provision added to the legislation is likely to lead to unhealthy consequences.
Authorized population directorates, Law No. 5490 m. As stated in 27/A/4, it will be determined by the regulation on procedures and principles to be issued by the Ministry of Interior, and this regulation has not been published yet.
What Should Be Done If the Request to Operate the Divorce Abroad to the Population is Rejected?
If the request for registration of divorce, separation, divorce and determination of marriage decisions is rejected on the grounds that the conditions listed in the article of the Law are not met, the parties will be able to request recognition and enforcement of the relevant decision through a lawsuit in accordance with the provisions of the Law No. 5718 on Private International Law and Procedural Law.
Accordingly, one of the parties whose request has been rejected by the population directorate will be able to file a divorce recognition or recognition-enforcement case in one of the courts of Istanbul, Izmir, Ankara, or the place of residence in Turkey of the person whose enforcement is requested against him, this is where he is a resident, this is where he is.dingly, one of the parties whose request has been rejected by the population directorate will be able to file a divorce recognition or recognition-enforcement case in one of the courts of Istanbul, Izmir, Ankara, or the place of residence in Turkey of the person whose enforcement is requested against him, this is where he is a resident, this is where he is. The court in charge of these cases will be the family court.
Who Can Apply to Register a Divorce Abroad in the Population Registry?
In accordance with the explicit wording of the article of the law, the participation of the parties together or through their representatives is stipulated. However, the current regulation does not answer who has the authority to apply if the parties are not right.
The operations of the population directorate are administrative in nature.he operations of the population directorate are administrative in nature. Since it is not possible for an authority conducting administrative business and transactions to determine legal benefits, if one of the parties is not alive, divorce, separation, divorce and marriage determination decisions issued abroad will not be registered directly in the population register in accordance with article 27 /A of Law 5490, recognition and enforcement proceedings will have to be filed in population directorate are administrative in nature. Since it is not possible for an authority conducting administrative business and transactions to determine legal benefits, if one of the parties is not alive, divorce, separation, divorce and marriage determination decisions issued abroad will not be registered directly in the population register in accordance with article 27 /A of Law 5490, recognition and enforcement proceedings will have to be filed in the competent Family Court in accordance with the provisions of the MOHUK.
What are the Required Documents for the Registration of a Foreign Divorce in the Population Registry?
Includes the request for registration of the relevant foreign court divorce decision in the population register petition/Printed form issued by the Ministry
The original and approved copy of the divorce decision of the foreign court whose registration is requested Includes the request for registration of the relevant foreign court divorce decision in the population register petition/Printed form issued by the Ministry
The original and approved copy of the divorce decision of the foreign court whose registration is requested
A notarized or consular-approved translation of the foreign court dudes the request for registration of the relevant foreign court divorce decision in the population register petition/Printed form issued by the Ministry
The original and approved copy of the divorce decision of the foreign court whose registration is requested
A notarized or consular-approved translation of the foreign court divorce decision whose registration is requested
Indicates that the decision of the foreign court whose registration is requested has been finalized, the original of the approved document
Indicates the finalization of the approved translation of the approved document
What Can Be Done If The Parties Cannot Apply Together For the Operation of the Divorce Abroad?
If the parties or their lawyers cannot apply to the authorized Population Directorate or consulate together, or if joint action is not possible, divorce recognition and enforcement cases must be opened abroad in accordance with the provisions of the MOHUK.If the parties or their lawyers cannot apply to the authorized Population Directorate or consulate together, or if joint action is not possible, divorce recognition and enforcement cases must be opened abroad in accordance with the provisions If the parties or their lawyers cannot apply to the authorized Population Directorate or consulate together, or if joint action is not possible, divorce recognition and enforcement cases must be opened abroad in accordance with the provisions of the MOHUK.
Since recognition and enforcement cases will not be filed and will not be subject to the statute of limitations in terms of legal benefits, it is possible to file these cases no matter how long it has been since the judgment was issued abroad.
Recognition and enforcement cases will be considered subject to a simple trial procedure.
The decisions of divorce, separation, divorce and determination of marriage obtained from abroad upon the recognition and enforcement decision issued by the competent Family Court shall also have the nature of final judgment in Turkey and shall be enforceable.
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