Can I Obtain a Divorce by Agreement in Türkiye While Living Abroad?

Divorce with a Foreign Element

Prepared by: Constantinople

Living abroad does not, by itself, prevent divorce by agreement in Türkiye where jurisdiction and applicable-law requirements are satisfied. If Turkish law applies, the marriage must have lasted at least one year and the spouses must apply together or one must accept the other's action. The judge hears both spouses personally and must be satisfied that their wishes are freely expressed. Representation by a lawyer does not replace this personal hearing requirement.

The agreement is submitted to judicial approval concerning divorce's financial consequences and children's circumstances. Acceptance by the parties of modifications considered necessary for the child's best interests also matters. Not all matrimonial property claims must necessarily be settled in the divorce agreement. However, a general waiver or wording such as 'we have no claims against each other' may later generate disputes. Which right is being relinquished must be assessed clearly.

Before making travel plans, nationality, residence details, marriage records, existing foreign proceedings and the draft agreement should be examined. We consider together which claims the settlement covers, which issues remain separate and what steps may be needed to use the judgment abroad. It is inappropriate to make irreversible arrangements on an assumption of completion at one hearing or by a fixed date. The hearing, personal attendance and finality of judgment are different stages, each requiring preparation suited to the case. A ready-made settlement does not replace these checks.