Marriages involving spouses of different nationalities give rise to specific legal consequences. A marriage between a citizen of the Republic of Türkiye and a foreign national is considered to have an international character. Regardless of where the marriage was celebrated, the initiation of divorce proceedings may give rise to various legal scenarios and consequences. Likewise, property division proceedings, which typically run parallel to divorce cases, are also affected by these circumstances.
As stated above, where the parties are in a marriage with an international element and later come to the stage of divorce, there are many legal regulations they must be aware of. In particular, it is crucial to correctly determine in which country’s courts and under which country’s laws the divorce and division of marital property will be adjudicated.
It is possible that spouses in an international marriage may have assets, including immovable property, located in multiple countries. In such cases, the division of marital property and the determination of the applicable national law fall within the scope of private international law.
It should be emphasized that if the determination of how immovable property is to be divided and in what proportions is not made correctly, there is a high likelihood that the proceedings may later remain inconclusive. On the other hand, spouses in an international marriage may have no assets to divide. In such cases, it is sufficient to initiate and pursue divorce proceedings without any accompanying claims for the division of marital property. This raises the question: in which country should the divorce action be filed?
At this stage, the party intending to file for divorce should clearly determine their objective. In which country the recognition of the divorce decision is more urgent and necessary for them, it is advisable to initiate proceedings in that country. For example, if one spouse is a citizen of the Russian Federation and the other is a citizen of the Republic of Türkiye, the party wishing to file for divorce may do so in their own country. Thus, the Russian citizen may commence divorce proceedings in Russia. In such a case, it is essential that proper service of process be made upon the other spouse in compliance with the procedural rules and the laws of the relevant country. Failure to effect service properly may create obstacles to the recognition of the judgment in Türkiye.
For example, once divorce proceedings initiated in Russia have been concluded and the decision has become final, in order for it to have legal effect in Türkiye, such decision must be recognized by the Turkish courts. A judgment rendered by a Russian court is enforceable only within the Russian Federation. However, individuals in an international marriage may also require recognition of the dissolution of their marriage outside their own country. If the Russian court has ruled not only on divorce but also on issues such as alimony and custody of a common child, and all procedural requirements have been complied with, such a foreign judgment may be recognized and enforced in Türkiye through the appropriate judicial process.
This option is particularly favorable given the lengthy duration of divorce proceedings in Türkiye. Moreover, in Türkiye, the amount of alimony is often determined at a level significantly below actual expenses. In such cases, individuals may ensure that the judgment rendered and finalized in their own country is recognized and enforced in Türkiye through the procedure of recognition and enforcement of foreign judgments.
