Recognition and Enforcement Lawyer

As a recognition and enforcement lawyer in Mersin, I handle the applications of people and companies who divorced abroad, obtained an alimony, custody or compensation decision from a foreign court, or want a foreign arbitral award to be applied in Türkiye. Foreign court decisions do not take effect in Türkiye automatically: to be entered in the civil registry, accepted as res judicata or enforced, they must be recognised (tanıma) or enforced (tenfiz).

On this page you can find the difference between recognition and enforcement, whether a divorce decision given abroad can be registered without going to court, the conditions examined by the court, the documents required, which court hears the case and how the process works in Mersin.

What Is the Difference Between Recognition and Enforcement?

• Recognition (tanıma): Acceptance of a foreign court decision in Türkiye as res judicata or conclusive evidence (Law on Private International and Procedural Law, MÖHUK Art. 58). Recognition is enough for a divorce decision given abroad to be entered in the civil registry and for the person to remarry in Türkiye.
• Enforcement (tenfiz): Making a foreign court decision executable in Türkiye (MÖHUK Art. 50). An enforcement decision is needed for alimony, compensation or a receivable awarded in the foreign decision to be collected through a Turkish enforcement office. Foreign judgments granted enforcement are executed like judgments of Turkish courts (MÖHUK Art. 57).

Both can be requested together for the same foreign decision. For example, recognition of the divorce decision can be requested together with enforcement of the alimony provision in the same decision. Enforcement can be requested for the whole decision or only part of it (MÖHUK Art. 52, 56).

Can a Divorce Obtained Abroad Be Registered in Türkiye Without Going to Court?

In some cases, yes. Decisions given by foreign judicial or administrative authorities on divorce, nullity or annulment of marriage, or establishing whether a marriage exists can be entered directly in the civil registry under the following conditions (Civil Registry Services Law, Nüfus Hizmetleri Kanunu Art. 27/A):

• The application is made jointly by the parties, in person or through their representatives; if one of the parties has died or is a foreign national, the Turkish citizen party can apply alone,
• The decision was given by the authority competent under the law of the country where it was given and has become final in accordance with the procedure,
• The decision is not clearly contrary to Turkish public order.

Abroad, the application is made to the Turkish diplomatic mission in the country where the decision was given; in Türkiye, to the authorised civil registry offices. If the registration request is rejected because the conditions are not met, an application is made to the court for recognition of the decision. This route is only for the civil registry entry; an enforcement decision from the court is needed for the alimony, custody or compensation provisions in the decision to be applied in Türkiye.

If one spouse does not join the application, is not a foreign national and is alive, the administrative route cannot be used; in that case a recognition case must be filed. For the consequences of divorce under Turkish law, see also the divorce case page.

Conditions for Recognition and Enforcement

The court grants enforcement where the following conditions are met (MÖHUK Art. 54):

1. Reciprocity: There must be an agreement based on reciprocity between Türkiye and the state where the decision was given, or a provision of law or de facto practice in that state allowing enforcement of Turkish court decisions. This condition does not apply to recognition (MÖHUK Art. 58).
2. Exclusive jurisdiction: The decision must not have been given on a matter within the exclusive jurisdiction of Turkish courts; if the defendant objects, it must not have been given by a court that assumed jurisdiction without any real connection with the subject of the case or the parties.
3. Public order: The decision must not be clearly contrary to Turkish public order.
4. Right of defence: The person against whom the decision was given must have been duly summoned to and represented before the foreign court; otherwise, that person must not have objected before the Turkish court.

In addition, the decision must have become final under the law of the state where it was given (MÖHUK Art. 50). The other party can object only by arguing that these conditions are not met, or that the foreign decision has been wholly or partly performed or that a reason preventing its performance has arisen (MÖHUK Art. 55/2). The Turkish court does not re-examine the merits of the case.

Which Documents Are Needed?

• The original of the foreign court decision duly certified by the authorities of that country, or a copy certified by the court that gave it, and a certified Turkish translation,
• A letter or document showing that the decision has become final, duly certified by the authorities of that country, and a certified Turkish translation (MÖHUK Art. 53),
• An apostille if the country where the document was issued is a party to the Hague Apostille Convention; if not, certification by the Turkish consulate in that country,
• The parties’ identity details and, if the case is handled by a lawyer, a power of attorney. People living abroad can give the power of attorney at a Turkish consulate or before a foreign notary with an apostille.

The document showing finality is the one most often missing. In some countries finality is shown as an annotation on the decision, in others by a separate document; the document must be obtained in accordance with the procedure of the country concerned.

Which Court Hears a Recognition and Enforcement Case?

The court with subject-matter jurisdiction over enforcement is the court of first instance (MÖHUK Art. 51/1). In practice, recognition and enforcement of family law decisions such as divorce, alimony and custody are heard by the family court, and commercial and other civil decisions by the civil or commercial court of first instance.

The court with territorial jurisdiction is that of the domicile in Türkiye of the person against whom enforcement is sought, or failing that, their place of residence. If the other party has no domicile or residence in Türkiye, the case is filed at one of the courts in Ankara, İstanbul or İzmir (MÖHUK Art. 51/2). For this reason, if the other party lives in Mersin the case can be filed in Mersin; if the other party lives abroad the case is filed in one of these three cities and can be followed from Mersin through a lawyer.

The request is examined under the simple procedure; the petition is served on the other party together with the hearing date (MÖHUK Art. 55). Appeals against acceptance or rejection are subject to the general rules; an appeal to the Court of Cassation (Yargıtay) against an enforcement decision suspends its execution (MÖHUK Art. 57/2).

Enforcement of Foreign Arbitral Awards

Foreign arbitral awards that have become final and enforceable or binding on the parties can also be enforced in Türkiye (MÖHUK Art. 60). The arbitration agreement or arbitration clause and certified copies and translations of the award are attached to the petition (MÖHUK Art. 61). The request is rejected where, for example, there is no arbitration agreement, the award is contrary to public order, the dispute is not capable of settlement by arbitration under Turkish law, or one of the parties was deprived of the right of defence (MÖHUK Art. 62). Türkiye is also a party to the 1958 New York Convention on the recognition and enforcement of foreign arbitral awards. For commercial decisions and arbitral awards, see also the international trade law page.

Recognition and Enforcement in Mersin

Recognition and enforcement files arise mostly in two groups: citizens who divorced while living abroad and want to correct their civil registry record in Türkiye, and receivables of companies trading through the Port of Mersin and the Mersin Free Zone based on foreign court decisions or arbitral awards. If the other party lives in Mersin, recognition and enforcement of foreign court decisions can be requested in Mersin; for foreign arbitral awards, if the parties have not agreed on another place and the other party has no domicile or residence in Türkiye, the court where the assets subject to enforcement are located also has jurisdiction (MÖHUK Art. 60/2).

Clients living abroad can file the case with a power of attorney without coming to Türkiye; documents are pre-examined electronically and the originals are sent by post or courier. Hearings are followed by the lawyer.

Frequently Asked Questions

Get an Assessment of Your Foreign Court Decision

Whether the foreign decision can be registered through the administrative route, whether it requires recognition or enforcement, and which court it should be filed at become clear when the content of the decision and the situation of the parties are examined together. To have your decision and documents assessed, you can contact me through the contact page.