Judge's hand resting beside a wooden gavel on a desk

Divorce in Turkey for Foreigners: Jurisdiction, Applicable Law and Procedure

By Av. Talha Yayla · October 12, 2026 · 15 min read

Foreigners can divorce in Turkey (Türkiye) if one of the spouses is domiciled there or if the couple last lived together in Turkey for six months before the case: the Turkish family court then has jurisdiction, whatever the spouses' nationalities. Which country's law the court applies is a separate question. If both spouses share a nationality, the grounds and consequences of divorce are governed by their common national law; if they have different nationalities, by the law of their common habitual residence; and failing that, by Turkish law (Law No. 5718, Art. 14). An uncontested divorce under Turkish law requires at least one year of marriage and the personal appearance of both spouses before the judge.

This guide explains jurisdiction and applicable law, the grounds for divorce under Turkish law, the uncontested and contested procedures, and what the court decides about money, property and children.

Court: the family court at the domicile of either spouse, or where the spouses last lived together for six months (Civil Code, Art. 168).
Applicable law: common national law → common habitual residence → Turkish law (Law No. 5718, Art. 14(1)).
Uncontested divorce: marriage of at least one year; joint application or acceptance; judge hears both spouses in person and approves the settlement (Civil Code, Art. 166(3)).
Contested divorce: six grounds, including irretrievable breakdown (Art. 161–166).
After a failed case: divorce on request if cohabitation has not resumed for one year after the dismissal became final (Art. 166(4), as amended in 2024).
Claims arising from divorce are time-barred one year after the decree becomes final (Art. 178).
Interim measures are always governed by Turkish law (Law No. 5718, Art. 14(4)).

Legal status of this guide. It reflects the Turkish Civil Code (No. 4721) and the Act on Private International and Procedural Law (No. 5718) as currently in force, including the November 2024 amendment to Article 166 and the Constitutional Court's 2026 decision on poverty alimony. Last updated: October 2026.

Can a Turkish court hear the case?

The international jurisdiction of Turkish courts is determined by the domestic rules on territorial jurisdiction (Law No. 5718, Art. 40). For divorce, the Civil Code provides that the competent court is that of the domicile of either spouse or of the place where the spouses last lived together for six months before the case (Art. 168). Nationality is not part of the test.

So a Turkish family court can hear the divorce of:

two foreigners who live in Turkey;
a foreigner and a Turkish citizen, where either lives in Turkey;
spouses who lived together in Turkey for the last six months before filing, even if one has since left;
Turkish citizens living abroad whose case is not or cannot be brought before a foreign court — for them a special rule gives jurisdiction to the court of their residence in Turkey, their last domicile in Turkey, or failing that the courts of Ankara, Istanbul or Izmir (Law No. 5718, Art. 41).

Divorce cases are heard by family courts (aile mahkemesi); where there is no separate family court, the civil court of first instance sits in that capacity. A couple with no domicile and no recent common residence in Turkey — for example, two tourists who married there — cannot divorce in Turkey merely because the wedding took place there.

Which country's law applies?

Jurisdiction decides where; the conflict-of-laws rules decide under which law. Article 14 of Law No. 5718 provides:

Question	Applicable law
Grounds and effects of divorce and separation	The spouses' common national law; if they are of different nationalities, the law of their common habitual residence; if there is none, Turkish law (Art. 14(1))
Maintenance between divorced spouses	The same law (Art. 14(2))
Custody and issues related to custody in divorce	The same law (Art. 14(3))
Interim measures during the case	Turkish law (Art. 14(4))
Matrimonial property	The law chosen expressly by the spouses from among the laws of their habitual residence or nationality at the time of marriage; failing a choice, their common national law at the time of marriage, then the law of their common habitual residence at that time, then Turkish law. For liquidation, immovables are subject to the law of the country where they are located (Art. 15)

Applied to typical couples:

Two spouses of the same foreign nationality living in Turkey: the Turkish court applies their national law to the grounds and effects of divorce.
A foreigner married to a Turkish citizen, living in Turkey: different nationalities, common habitual residence in Turkey — Turkish law applies.
Spouses of two different foreign nationalities living in Turkey: Turkish law applies as the law of common habitual residence.
A dual national who is also Turkish is treated as Turkish for these purposes.

Where foreign law applies, the court applies it of its own motion and may ask the parties for assistance in establishing its content; if the foreign provisions cannot be established despite all efforts, Turkish law is applied. A foreign rule is not applied where the result would be manifestly contrary to Turkish public order — for example a rule that allowed only one spouse to seek divorce.

Grounds for divorce under Turkish law

Ground	Key requirement	Time limit	Civil Code
Adultery	Proven sexual infidelity	6 months from learning of it; 5 years from the act; lost by forgiveness	Art. 161
Attempt on life, very bad or seriously degrading treatment	Violence, serious ill-treatment or humiliation	6 months from learning; 5 years from the event; lost by forgiveness	Art. 162
Committing a degrading crime or leading a dishonourable life	Cohabitation can no longer be expected of the other spouse	None	Art. 163
Desertion	Leaving, or not returning to, the marital home for at least 6 months, and a formal warning by a judge or notary to return within 2 months left unanswered	Warning may be requested after the 4th month; case after 2 more months	Art. 164
Mental illness	Life together has become unbearable and an official medical board confirms the illness is incurable	None	Art. 165
Irretrievable breakdown	The marital union is shaken to its foundations so that continuation cannot be expected	None	Art. 166(1)–(2)

The great majority of contested cases are brought on irretrievable breakdown. Fault matters there: if the claimant's fault is the greater, the respondent may object to the divorce, although the court may still grant it where the objection is an abuse of right and the marriage has no remaining value worth protecting for the respondent and the children (Art. 166(2)).

A spouse entitled to sue may ask for judicial separation instead of divorce (Art. 167); separation may be ordered for one to three years (Art. 171).

Uncontested divorce

Where the marriage has lasted at least one year, and the spouses apply together or one accepts the other's claim, the marriage is deemed to have irretrievably broken down (Art. 166(3)). Two conditions must then be met for the decree:

The judge must hear the parties in person and be satisfied that their will is freely expressed. Both spouses attend the hearing; representation by lawyers alone is not sufficient for this step.
The judge must approve the arrangement the parties have agreed on the financial consequences of the divorce and the situation of the children. The judge may make changes having regard to the interests of the parties and the children; if the parties accept the changes, the divorce is granted.

The agreement — the divorce protocol — should deal expressly with: custody; the non-custodial parent's contact schedule; child support; spousal maintenance or its waiver; compensation claims or their waiver; the family home and household goods; and, ideally, the liquidation of matrimonial property, so that no claim is left open. Agreements on the ancillary consequences of divorce are not valid unless approved by the judge (Art. 184(5)).

An uncontested divorce is normally concluded at a single hearing, which may be listed within weeks. The decree becomes final when the appeal period expires or both parties waive appeal.

For foreign couples, the one-year rule and the personal-appearance rule are the two obstacles. A spouse who cannot travel to Turkey cannot complete an uncontested divorce there; and where the couple's common national law applies under Article 14, the conditions of that law, not Article 166, govern.

Couple sitting at opposite ends of a sofa, not speaking — An uncontested divorce needs one year of marriage, both spouses in person before the judge, and an approved agreement.

Contested divorce

If the spouses do not agree, the claimant files a petition setting out the ground and the facts, and the respondent answers. The procedure follows the Code of Civil Procedure with special rules for divorce (Art. 184):

the judge may treat the facts relied on as proven only if personally convinced of them;
the judge may not offer the oath to the parties on those facts;
admissions by the parties do not bind the judge;
the judge assesses the evidence freely;
the hearing may be held in private at the request of either party.

Evidence usually consists of witnesses — relatives, friends, neighbours — together with messages, photographs, bank and telephone records, medical and police reports. From the moment the case is filed, the judge takes of the court's own motion the interim measures needed for the duration of the proceedings, in particular on the spouses' housing and maintenance, the management of their property and the care and protection of the children (Art. 169). These measures are governed by Turkish law even where foreign law applies to the divorce itself.

Contested cases take considerably longer than uncontested ones: a first-instance judgment commonly takes a year or more, and appeals to the regional court and the Court of Cassation add to that. If a divorce case is dismissed and cohabitation has not been re-established for one year after the dismissal became final, the marriage is deemed to have irretrievably broken down and divorce is granted at the request of either spouse (Art. 166(4)). This period was three years until the amendment of November 2024.

Compensation and alimony

Material compensation. The party without fault, or less at fault, whose existing or expected interests are harmed by the divorce may claim appropriate compensation from the party at fault (Art. 174(1)).
Moral compensation. The party whose personality rights were violated by the events leading to the divorce may claim an appropriate sum from the party at fault (Art. 174(2)).
Poverty alimony. The party who would fall into poverty because of the divorce may, provided their fault is not the greater, claim maintenance from the other in proportion to that party's financial means; fault on the part of the paying spouse is not required (Art. 175). The statute provides for this maintenance "without limit of time". The Constitutional Court annulled those words by a decision of 4 June 2026, with effect from 30 June 2027; until then the existing rule applies, and a legislative amendment on the duration of alimony is expected.
Form and adjustment. Compensation and maintenance may be ordered as a lump sum or as periodic payments. Periodic payments end automatically if the recipient remarries or either party dies, and may be ended by the court if the recipient lives in a de facto marriage, ceases to be in need or leads a dishonourable life; they may be increased or reduced when circumstances change (Art. 176).
Interim maintenance during the case is ordered under Article 169.
Time limit. Rights of action arising from the ending of the marriage by divorce lapse one year after the decree becomes final (Art. 178).

Division of property

On divorce, the matrimonial property regime is liquidated under the rules of the regime the spouses were subject to (Art. 179). Under Turkish law the default regime, for spouses who have not chosen another by contract, is participation in acquired property (Art. 202):

each spouse's assets are divided into acquired property — assets acquired for value during the regime, such as earnings from work, social security payments, compensation for loss of working capacity and income from personal property (Art. 219) — and personal property, such as assets owned before the marriage, inheritances and gifts;
each spouse is entitled to half of the surplus value of the other's acquired property; the claims are set off (Art. 236(1));
in a divorce for adultery or attempt on life, the judge may reduce or remove the share of the spouse at fault (Art. 236(2)).

For international couples the first question is which law governs the regime at all. Under Article 15 of Law No. 5718 it may be a foreign law — the common national law at the time of the marriage, or a law the spouses expressly chose — but in the liquidation, immovable property is subject to the law of the country where it is located. A house in Turkey is therefore dealt with under Turkish law.

Property claims are usually brought as a separate case after the divorce and can be lengthy. Settling them in the divorce protocol avoids that.

Custody, contact and child support

Custody. During the marriage the parents exercise custody jointly; on divorce, custody belongs to the parent to whom the child is entrusted (Art. 336). In granting the divorce, the court regulates the parents' rights and their personal relations with the child after hearing them where possible (Art. 182(1)). The child's interests are the governing criterion.
Contact. In regulating the personal relationship between the child and the parent without custody, the child's interests — especially in terms of health, education and morals — are paramount. The court warns in its judgment that custody may be changed if the contact arrangement is not complied with (Art. 182(2), added in 2021).
Child support. The parent without custody must contribute to the child's care and education expenses in proportion to their means (Art. 182).
Change of circumstances. Where new facts require it — a parent's remarriage, relocation or death — the court takes the necessary measures of its own motion or on request (Art. 183). A custodial parent's plan to move abroad with the child is such a fact.
Foreign law. Custody issues in divorce follow the law applicable under Article 14, but the best interests of the child operate as a public-order limit.
International abduction. Turkey is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Removing a child from the country of habitual residence without the consent of the other custody holder or a court order can lead to a return application.

Practical issues for foreigners

Power of attorney. A lawyer needs a special power of attorney for divorce, which under Turkish practice must expressly authorise divorce proceedings and bear the client's photograph. It can be issued by a Turkish notary or a Turkish consulate, or by a foreign notary with apostille and sworn translation.
Documents. Marriage certificate, passports, children's birth certificates, with apostille or consular legalisation and sworn Turkish translation. A marriage celebrated abroad between a Turkish citizen and a foreigner should be registered in Turkey first.
Service abroad. If the respondent lives abroad, the petition is served through official channels under international conventions, which can add many months to a contested case.
Interpreter. Proceedings are in Turkish; a party who does not speak Turkish is heard through a sworn interpreter.
Security for costs. A foreign claimant may be required to deposit security for costs, unless exempted on the basis of reciprocity or a treaty.
Legal aid is available to those who cannot afford the costs, including foreigners on the basis of reciprocity.
Safety. Protective orders under Law No. 6284 are available to anyone in Turkey regardless of nationality and can be obtained quickly from the family court, the police or the prosecutor.

Considering divorce in Turkey? Tell us both spouses' nationalities, where each of you lives, how long you have been married and whether there are children. Message Yayla Law on WhatsApp or use the contact form. Which court and which law apply is the first thing to establish.

After the decree

Finality and registration. Once final, the decree is recorded in the Turkish civil registry where a Turkish citizen is involved.
Recognition abroad. To be effective in your home country, the Turkish decree will generally need to be recognised or registered there under that country's rules. Obtain certified copies with a finality annotation and apostille.
Surname. A woman resumes her pre-marriage surname on divorce, unless the court allows her to keep the husband's surname on proof of an interest in doing so and no harm to him (Art. 173).
Inheritance. Divorced spouses are no longer each other's statutory heirs and lose benefits under wills made before the divorce unless the will indicates otherwise (Art. 181).
Residence status. A family residence permit loses its basis on divorce. A foreigner who was married to a Turkish citizen may obtain a short-term permit after three years on a family permit, or without that period in cases of domestic violence established by a court; see Residence Permit After Divorce in Turkey.
Citizenship. The marriage route to citizenship requires a continuing marriage; a pending application does not survive the divorce.

Frequently asked questions

Can two foreigners get divorced in Turkey?

Yes, if a Turkish court has jurisdiction: one of the spouses must be domiciled in Turkey, or the spouses must have last lived together in Turkey for six months before the case. Nationality is not a condition of jurisdiction.

Which law applies to the divorce of foreigners in Turkey?

The spouses' common national law. If they have different nationalities, the law of their common habitual residence; if there is none, Turkish law. A foreigner married to a Turkish citizen and living in Turkey is therefore divorced under Turkish law.

How long does an uncontested divorce take in Turkey?

It is normally concluded at one hearing, which can be scheduled within weeks of filing. The marriage must have lasted at least one year, both spouses must appear in person, and the judge must approve their agreement on finances and children.

Do both spouses have to attend the hearing?

In an uncontested divorce, yes: the judge must hear the parties personally to be satisfied that their will is free. In a contested divorce a party may be represented by a lawyer holding a special power of attorney.

What are the grounds for divorce in Turkey?

Adultery; attempt on life or very bad or degrading treatment; committing a degrading crime or leading a dishonourable life; desertion; incurable mental illness; and irretrievable breakdown of the marriage, which is the ground used in most cases.

How is property divided on divorce in Turkey?

Under the default regime of participation in acquired property, each spouse is entitled to half of the surplus value of what the other acquired for value during the marriage. Assets owned before the marriage, inheritances and gifts are personal property. For international couples a foreign law may govern, but real estate in Turkey is liquidated under Turkish law.

Can I get alimony after divorce in Turkey?

A spouse who would fall into poverty because of the divorce, and whose fault is not the greater, may claim maintenance in proportion to the other's means. The rule that such maintenance is unlimited in time was annulled by the Constitutional Court with effect from 30 June 2027.

Who gets custody of the children?

The court decides on the basis of the child's interests, after hearing the parents. The parent without custody has a right of contact and must contribute to the child's expenses. Custody can be changed if circumstances change or contact orders are not respected.

How long must we be separated to divorce in Turkey?

There is no general separation requirement. If a divorce case was dismissed and the spouses have not resumed cohabitation for one year after that judgment became final, either may obtain a divorce on request.

Legal basis and sources

Turkish Civil Code No. 4721, Articles 161–184, 202, 218–236 and 336 — official consolidated text at mevzuat.gov.tr.
Act on Private International and Procedural Law No. 5718, Articles 13–15, 40 and 41.
Law No. 7532 of 14 November 2024 (amending Civil Code Art. 166); Constitutional Court decision of 4 June 2026, E. 2025/156, K. 2026/131 (Art. 175).
Law No. 6284 on the Protection of the Family and the Prevention of Violence against Women.

This article provides general legal information on Turkish law as of October 2026. It is not legal advice. Where a foreign law governs the divorce or the property regime, its content must be established for the individual case.

Alimony Child custody Divorce Family law