Divorce and family law issues involving Turkey can be particularly complex for expats. Many Turkish citizens living abroad assume that if they reside in Germany or another European country, all legal matters related to marriage and divorce will be handled there. In reality, this is not always the case.

This guide explains how divorce and family law procedures work in Turkey for expats and highlights the most common legal pitfalls.

Which Country’s Law Applies?

The applicable law depends on several factors, including nationality, habitual residence, and where the case is filed. Turkish courts may have jurisdiction even if both spouses live abroad, especially when:

• Both parties are Turkish citizens

• One spouse resides in Turkey

• The marriage was registered in Turkey

This often leads to parallel legal proceedings in two different countries if not handled properly.

Divorce Proceedings in Turkey

A divorce case can be filed in Turkey even if both spouses live abroad. The process may be:

• Uncontested (Mutual Consent Divorce): Faster, requires agreement on all matters

• Contested Divorce: Longer, involves disputes over fault, alimony, custody, or property

Expats are often concerned about travel requirements. In many cases, divorce proceedings can be conducted through a power of attorney, allowing an attorney in Turkey to represent the client.

Alimony and Financial Support

Alimony (spousal support) is one of the most disputed issues in divorce cases. Turkish law recognizes different types of alimony, including:

• Temporary alimony during proceedings

• Post-divorce maintenance

• Child support

Foreign income, currency differences, and living standards abroad are taken into account, but incorrect or incomplete disclosure can create serious legal risks.

Child Custody and Visitation Rights

When children are involved, their best interests are the primary consideration. Turkish courts determine custody based on factors such as age, living conditions, and parental capability.

For expat families, international visitation schedules and cross-border travel arrangements require careful legal planning. Failure to address these issues clearly may result in enforcement problems later.

Recognition of Foreign Divorce Decisions

If a divorce is finalized abroad, it does not automatically take legal effect in Turkey. A separate recognition and enforcement procedure may be required to update civil records, remarry, or resolve inheritance issues.

This is a common oversight among expats and often causes serious complications years later.

Common Mistakes Made by Expats

• Assuming foreign court decisions are valid in Turkey

• Delaying legal action

• Not addressing property issues in Turkey

• Proceeding without professional legal guidance

These mistakes can result in prolonged disputes and financial loss.

Managing the Process from Abroad

Most divorce and family law matters can be handled remotely with proper legal representation. Turkish consulates allow expats to issue powers of attorney, making travel unnecessary in many cases.

Conclusion

Divorce and family law matters involving Turkey require careful legal coordination, especially for expats. Early legal advice helps avoid conflicts, protects parental rights, and ensures legal certainty across borders.