In recent years, Turkey has been hosting foreign immigrants from different countries, as a result of this situation, foreigners started to face with marriage problems like divorce. Divorce situations and alimony issues are frequently seen in family courts as a result of disputes between couples in marriage. Alimony regulations that apply to Turkish citizens are valid for foreign couples similarly. As a rule, the termination of foreign marriages consists of two stages. The first stage is divorce and the second stage that will validate this divorce decision is recognition and enforcement. In this article we briefly touched upon the legal residence permit and foreigners residing divorce procedure had not yet obtained citizenship in Turkey.
Procedures for Divorcing in Turkey
Firstly, you should take a look at the validity status of legal rules to be applied for foreigners in Turkey. When looking at the Turkish International Private Law Legislation, it says that divorce provisions are subject to the common national law of the spouses. If the spouses have the citizenship of different countries, the law of joint residence, if there is no common habitual residence law, in the absence of this, Turkish law will be applied. Today, many foreigners who have been divorced in Turkey, continues to live in their own countries. In this case, the issue of how to apply divorce regulations and alimony practices of foreigners has become one of the most frequently asked questions. We have to explain this with an example; A French citizen married to a Turkish citizen, in France, they can apply for a divorce case in both Turkey and France if one of them is resident in Turkey. In contentious divorce cases, the competent court is the place of residence of one of the spouses or the court where they have been living together for the last six months before the case, and such a condition is not sought in the contracted divorce practices.
Who can Apply for Alimony?
Alimony regulation is valid for Turkish or foreign spouses in Turkey after divorcing. As a rule, the bride or groom, who is a foreign national, can demand indefinite alimony when divorced from his Turkish spouse and if he falls into poverty after the divorce. According to the new Turkish Civil Code, indefinite poverty alimony is not subject to citizenship. Accordingly, both Turkish citizens or foreign nationals can request alimony indefinitely. In addition, according to the same law, the condition of being the alimony creditor is to be at most as defective in divorce as the other spouse and to fall into poverty by divorce.
Alimony Issues for Spouses who live in Different Countries
As a general rule, if a foreigner divorced in Turkey and if has alimony, the foreigner continues to take indefinite alimony. For this process, the foreigner’s recognition and enforcement approval in foreigner’s country is required. This approval is kind of like a second divorce confirmation. The same applies to Turkish citizens who are divorced abroad. When such a situation is encountered, foreign spouses can apply to one of the Turkish Consulates in their country and send the court decision in their hands to the Ministry of Justice Foreign Relations and European Union General Directorate Alimony Bureau, and if there is a problem in their alimony receivers, they can request a solution to this situation. Unlike the divorce decision regarding the custody of children, the decisions made by the Turkish courts are final.
If you have any question about divorcing and alimony issues in Turkey, please ask us them on the comments section.