International Lawyer

Matters such as the validity in Türkiye of a divorce obtained abroad, marriage and custody involving a foreign spouse, an inheritance left abroad, or the consequences in Türkiye of a case heard in another country concern the law of more than one country. As an international lawyer in Mersin, I provide legal support in the recognition and enforcement of foreign court judgments, in family and inheritance disputes involving a foreign element, in obtaining documents from abroad and service abroad, and in individual applications to the Constitutional Court (Anayasa Mahkemesi) and the European Court of Human Rights (AİHM). For foreigners living in Mersin and for people from Mersin living abroad, these processes can largely be handled remotely.

What Does an International Lawyer Help With?

• Recognition and enforcement of foreign court judgments in Türkiye
• Registering divorce judgments obtained abroad in the Turkish civil registry
• Marriage, divorce, maintenance and custody disputes with a spouse of foreign nationality
• International child abduction and the return of a child taken abroad
• Inheritance matters abroad and those concerning foreigners in Türkiye
• Validity of documents from abroad (apostille and legalisation) and service of documents abroad
• Individual applications to the Constitutional Court and the European Court of Human Rights
• Contract and debt disputes involving a foreign element

Recognition and Enforcement of Foreign Court Judgments

A judgment given by a foreign court does not automatically have effect in Türkiye. For the judgment to have the effect of res judicata in Türkiye it must be recognised (tanıma), and for it to be enforceable it must be granted enforcement (tenfiz). This process is conducted through a lawsuit filed in the civil court of first instance (asliye hukuk mahkemesi) under Law No. 5718 on International Private and Procedural Law (MÖHUK).

The court does not examine the merits or retry the case. The review is limited to the following conditions: the judgment must be final under the law of the country where it was given, it must not have been given on a matter within the exclusive jurisdiction of the Turkish courts, it must not be clearly contrary to Turkish public order, and the defendant must have been duly summoned and able to exercise the right of defence. For enforcement, reciprocity between Türkiye and the country where the judgment was given is also required. The original or a certified copy of the foreign judgment, the certificate of finality and a sworn translation are the main documents in the case.

Divorce Judgments Obtained Abroad

People who divorced abroad continue to appear as married in the Turkish civil registry until the judgment is recognised in Türkiye. This causes serious problems in matters such as remarriage, inheritance and division of property. Under certain conditions, and where the spouses apply together, foreign divorce judgments can be registered by administrative means through the civil registry office or a consulate. If these conditions are not met, for example if one of the spouses does not join the application, a recognition action must be filed in Türkiye. For the consequences of divorce in Türkiye, see the family law page.

Marriage to a Foreign Spouse, Custody and International Child Abduction

In marriages where one spouse is a foreign national, it must be assessed separately which country’s courts have jurisdiction in divorce, maintenance and custody cases, and which country’s law applies. Turkish courts may have jurisdiction in situations such as where one of the spouses is a Turkish citizen or is habitually resident in Türkiye.

If a child is taken abroad, or kept abroad, without the consent of the other parent who holds custody rights, the return of the child can be requested under the 1980 Hague Child Abduction Convention, to which Türkiye is a party. Time is critical in these processes; the request for return should be made as early as possible.

International Inheritance

As a rule, inheritance is governed by the law of the country of which the deceased was a national. However, Turkish law applies to immovable property located in Türkiye, whatever the nationality of the deceased. For this reason, the rules of different countries may apply together to the estates in Türkiye of Turkish citizens living abroad, to the estates of foreigners owning immovable property in Türkiye, and to assets located abroad. A certificate of inheritance obtained abroad may need to be recognised before it can be used in Türkiye. For inheritance matters, see the inheritance law page.

Documents from Abroad and Service Abroad

For documents issued abroad to be used in Türkiye, and documents issued in Türkiye to be used abroad, an apostille or consular legalisation is required. Türkiye is a party to the Hague Apostille Convention, which simplifies the legalisation of documents; for documents from countries that are party to the Convention, an apostille is sufficient. Serving a statement of claim or a judgment on a person abroad is done through international conventions and mutual legal assistance, and this process can take months; this time should also be taken into account when planning the case.

Individual Applications to the Constitutional Court and the ECHR

People who believe that their fundamental rights and freedoms have been violated by public authorities can make an individual application to the Constitutional Court after exhausting ordinary legal remedies. The time limit for applying is thirty days from the date on which legal remedies were exhausted or the date on which the violation became known. After the Constitutional Court’s decision, the time limit for applying to the European Court of Human Rights is four months. The right to a fair trial, the right to trial within a reasonable time, the right to property and respect for private life are the most common subjects of applications. Because most applications fail on grounds of inadmissibility, careful preparation of the application form and the reasoning is decisive.

International Law Proceedings in Mersin

Actions for the recognition and enforcement of foreign court judgments are heard by the civil courts of first instance in Mersin, and those concerning family law judgments by the family courts. Foreign nationals and families with a foreign spouse living in Mersin, as well as people living abroad who own property or have an inheritance in Mersin, frequently encounter these processes. Clients living abroad can conduct the process without coming to Türkiye, through a power of attorney issued at a consulate. For residence permits and citizenship, see the immigration and citizenship law page, and for commercial disputes with foreign companies, see the international trade law page.

Frequently Asked Questions

Get an Assessment of Your International Legal Matter

To get an assessment of the recognition in Türkiye of a judgment obtained abroad, a family or inheritance matter involving a foreign element, or an individual application, you can reach me through the contact page.