June 1, 2026
At Rufina Taştan Law Office we assist foreign clients living in Alanya with marriage to and divorce from a foreign spouse, in Turkish and Russian. Marriage in Türkiye between a Turkish citizen and a foreigner, or between two foreigners, and afterwards the property regime and a possible divorce, require careful planning because different legal systems intersect. This guide explains the marriage documents and requirements, the applicable law, the property regime, the types of divorce and the recognition of foreign divorce decrees, without promising any particular outcome. The information below is general; each file should be assessed separately according to the parties' nationality and the specific circumstances.
Getting Married in Türkiye: Documents and Requirements
Marriage in Türkiye is performed at the competent marriage office (municipality). For the foreign party the following documents are usually required:
- A valid passport and identity document.
- A certificate of capacity to marry (certificate of no impediment): showing there is no obstacle to the foreigner marrying.
- A birth certificate or civil registry extract.
- A health report: based on an examination at an authorized health institution.
- Passport-size photographs.
- For those previously married, a divorce/death certificate.
Documents issued abroad must carry an apostille and be accompanied by a sworn Turkish translation. We note that the documents can vary by country and by the parties' situation, so it is important to check before applying.
A Waiting Period for Women
Under the Turkish Civil Code, a woman whose previous marriage has ended is required to wait for a certain period in order to prevent confusion of parentage. However, this period can be lifted by a court decision in cases such as documenting that she is not pregnant. For our foreign clients planning to remarry, we assess in advance how this period will affect the file and, where necessary, how to proceed to have it lifted.
Applicable Law
Which country's law applies to marriage and divorce with a foreign element is determined by Law No. 5718 on Private International and Procedural Law (MÖHUK). The general framework is:
- Capacity and conditions of marriage: assessed according to the national law of each party at the time of marriage; the form of the marriage is governed by the law of the place where it is celebrated.
- Divorce: the common national law of the spouses applies; failing that, the law of their common habitual residence; failing that, Turkish law.
These rules can produce different results as the parties' nationality and place of residence change. We therefore clarify at the outset which law applies in divorce files and what its consequences are.
The Property Regime
Under the Turkish Civil Code, the statutory property regime is participation in acquired property. Under this regime, as a rule, property acquired during the marriage is subject to liquidation on divorce, while the spouses' personal property from before the marriage is, as a rule, excluded. If they wish, the parties may choose a different property regime by contract. In marriages with a foreign element, the law applicable to the property regime is also determined under the MÖHUK. This matter is especially important for couples whose real estate is located in Türkiye, because liquidation can differ according to the nature and location of the assets. A property regime agreement made before marriage can reduce uncertainties that may arise later.
Types of Divorce
Under Turkish law, divorce takes place in two main ways:
- Mutual-consent divorce: under Article 166/3 of the Turkish Civil Code, the marriage must have lasted at least one year and the parties must agree in a protocol on the divorce, its financial consequences and the situation of the children. This route is usually faster.
- Contested divorce: where the parties cannot agree, the process proceeds on the basis of fault, evidence and witnesses and can take longer.
In both routes, alimony, custody, personal relationship (contact with the child) and the division of property may arise. Because which court has jurisdiction and which law applies directly affect the outcome for foreign spouses, we address these matters from the very beginning.
Children and Alimony
Foreign spouses are not subject to discrimination before Turkish law with regard to custody, alimony and the division of property. In arranging custody, the best interests of the child are the guiding principle; alimony is determined taking into account the parties' economic situation and needs. In situations such as international child abduction or a child being taken abroad, separate international rules may come into play. In such files we build a roadmap taking into account the child's situation and the countries where the family's ties lie.
Recognition of a Foreign Divorce Decree
For a divorce granted abroad to take effect in Türkiye, it must be recognized; otherwise your Turkish civil registry record may continue to show "married". Where conditions allow, direct registration through the administrative route under Article 27/A of the Population Services Law may be possible without going to court; otherwise a recognition lawsuit is filed at the Family Court. We address this topic in detail in a separate guide; here we mention it as part of the overall marriage and divorce picture.
Common Mistakes
The problems we most often see in marriage and divorce files involving a foreign spouse are:
- Documents without an apostille: submitting marriage or divorce documents from abroad without an apostille or translation delays the procedures.
- Ignoring the applicable law: divorces started without clarifying which country's law applies can produce unexpected results.
- Postponing recognition: delaying recognition of a foreign divorce in Türkiye causes problems in inheritance and real estate transactions.
- Neglecting the property regime: failing to assess Turkish real estate in terms of the property regime creates uncertainty in liquidation.
Addressing these matters at the start of the file prevents loss of rights at later stages.
Contact us for a free initial consultation. At Rufina Taştan Law Office we manage marriage to and divorce from a foreign spouse in Alanya from start to finish, in Turkish and Russian, proceeding diligently along a realistic roadmap without promising any particular outcome. WhatsApp or phone: +90 538 838 63 66, e-mail: info@avrufinatastan.com. Address: Güllerpınarı Mah. Keykubat Bulvarı, Alanya.
Frequently Asked Questions
Can I marry in Türkiye as a foreigner?
Yes. You can marry at the competent marriage office in Türkiye. For this, a passport, a certificate of capacity to marry, a health report and the other required documents must be submitted with an apostille and a sworn translation.
Can two foreigners marry in Türkiye?
Usually yes. Both parties are expected to submit documents showing their capacity to marry and the required health reports, with the documents apostilled and translated. Because additional conditions may apply depending on the country, we recommend checking in advance.
Which country's law applies in a divorce?
In a divorce with a foreign element, under the MÖHUK the spouses' common national law applies first, failing that the law of their common habitual residence, and failing that Turkish law. An assessment according to the specific situation is needed.
How is property acquired during the marriage divided on divorce?
Under the statutory regime of participation in acquired property, as a rule property acquired during the marriage is subject to liquidation, while personal property from before the marriage is, as a rule, excluded. In marriages with a foreign element, the applicable law is determined under the MÖHUK.
What conditions are required for a mutual-consent divorce?
A mutual-consent divorce requires that the marriage has lasted at least one year and that the parties agree in a protocol on the financial consequences and the situation of the children. This route is usually faster than a contested divorce.
I divorced abroad; what do I need to do in Türkiye?
A judgment given abroad is not automatically valid in Türkiye; it must be recognized to update the civil registry. Where conditions allow this can be done through the administrative route, otherwise by a recognition lawsuit at the Family Court.
