Recognition Of Foreign Court Judgments In Turkey

Recognition is the legal process by which a court judgment rendered by a foreign court is accepted as legally valid in Türkiye without re‑examining the merits of the case. Through recognition, the foreign judgment produces legal effects within the Turkish legal system.

Recognition is particularly important for personal status matters. In recognition proceedings, Turkish courts do not retry the case; they only assess whether the statutory requirements are met.

Which Foreign Court Judgments Can Be Recognized?

Under Turkish law, the following foreign court judgments may be subject to recognition:

• Finalized divorce judgments

• Annulment or invalidity of marriage decisions

• Custody and visitation rulings

• Decisions concerning parentage

• Adoption judgments

• Declarations of absence (presumption of death)

• Determinations relating to personal status

The common characteristic of these decisions is that they do not contain enforceable obligations. Judgments that do not require execution may be recognized and take legal effect in Türkiye.

Which Judgments Cannot Be Recognized?

As a general rule, the following judgments require enforcement (exequatur) rather than recognition:

• Alimony decisions

• Compensation and damages awards

• Judgments imposing monetary or material obligations

Such decisions can only be implemented in Türkiye through enforcement proceedings, not recognition alone.

Where Is a Recognition Lawsuit Filed?

The competent court for recognition cases is the Family Court or, depending on the nature of the judgment, the Civil Court of First Instance.

Jurisdiction lies with:

• The court of the defendant’s domicile in Türkiye,

• If there is no domicile, the court of habitual residence,

• If neither exists, one of the courts in Istanbul, Ankara, or Izmir.

  
  

Conditions Required for Recognition

For a foreign court judgment to be recognized in Türkiye, the following conditions must be met:

• The judgment must be final and binding under the law of the issuing country

• The foreign court must have been competent

• The judgment must not be manifestly contrary to Turkish public order

• The defendant’s right to defense must not have been violated

All of these requirements must be satisfied cumulatively.

Which Case Files Are Commonly Subject to Recognition?

In practice, recognition is most frequently requested for:

• Divorces finalized abroad but not registered in Turkish civil records

• Custody decisions rendered by foreign courts

• Family law disputes involving international marriages

• Personal status matters involving dual citizenship

Without a recognition decision, individuals may continue to appear as married in Türkiye, be unable to exercise custody rights, or encounter serious obstacles in official procedures.

How Long Does a Recognition Case Take?

When the application file is properly prepared, recognition cases are often concluded in a single hearing. However, missing documents, service of process issues, or procedural defects in the foreign judgment may extend the duration of the proceedings.

Conclusion

The recognition of foreign court judgments is a formal yet highly technical legal procedure. Even minor procedural errors may result in rejection of the case or unnecessary loss of time.

If you have obtained a court judgment abroad and wish for it to have legal effect in Türkiye, careful planning and accurate preparation of the case file are essential.

For legal assistance regarding recognition and enforcement proceedings and to determine the correct legal strategy for your specific case, you may contact us directly.