Can Proceedings Be Brought in Türkiye When Divorce Proceedings Are Pending Abroad?

Divorce with a Foreign Element

Prepared by: Constantinople

Earlier divorce proceedings in another country do not automatically prevent every action in Türkiye. Equally, applying first in Türkiye does not automatically secure more favourable law or property division. The applications' subjects, parties, courts' jurisdiction and applicable conventions must be examined together. Divorce, maintenance, child protection and matrimonial property claims cannot be treated as governed by identical rules.

The special jurisdiction rule for Turkish nationals' personal status cases and treaty provisions on pending proceedings are particularly significant. An international framework on protecting children may require an assessment different from divorce itself. Statements, interim orders and service documents in the foreign court may also affect the legal approach in Türkiye. An outcome in one file does not necessarily resolve every part of the other.

Collect the petitions, filing dates, claims and all interim orders from both countries in one list. Identify approaching response or objection deadlines separately. A paid written review identifies overlapping issues, separate claims, missing records and points requiring research concerning the countries where judgments will be used. Where necessary, coordination with a lawyer in the relevant country is considered. Focusing only on 'who filed first?' may overlook a more urgent step concerning children, assets or a defence deadline. Decisions to withdraw proceedings or bring a new action should not be made without examining the files.