Turkish International Private Law
We specialise in Turkish International Private Law and provide a range of legal services to individuals and organisations that have been involved in cross-border transactions, disputes, and legal matters that have an international dimension and concerning Turkish legal system. Here's how we provide legal services in this field:
- Legal Advice and Consultation: We offer legal advice and consultation to individuals, businesses, and organizations on matters related to Turkish International Private Law. We provide guidance on the applicable laws, regulations, and legal principles governing international transactions, contracts, and disputes.
- Contract Drafting and Review: We assist clients in drafting, reviewing, and negotiating international contracts and agreements. This includes drafting international sales contracts, distribution agreements, licensing agreements, joint venture agreements, and other commercial contracts that involve parties from different jurisdictions.
- Choice of Law and Jurisdiction Analysis: We advise clients on the choice of applicable law and jurisdiction for international transactions and disputes. They analyse the relevant legal principles, conflict of laws rules, and international treaties to determine the most favourable legal framework for our clients' interests.
- Cross-Border Transactions: We assist clients in structuring and executing cross-border transactions, investments, and business ventures. This may involve mergers and acquisitions, cross-border financing, international trade, foreign direct investment, and corporate restructuring activities.
- 5. Enforcement of Foreign Judgments and Arbitral Awards: We assist our clients in enforcing foreign judgments and arbitral awards, especially the orders obtained from the UK court proceedings, in Turkiye or seeking recognition and enforcement of Turkish judgments and arbitral awards abroad. We navigate the legal requirements and procedures for enforcing judgments and awards across borders, including the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters.
- International Family Law Matters: We provide legal assistance in international family law matters, such as cross-border divorce, child custody disputes, international child abduction cases (under the Hague Convention on the Civil Aspects of International Child Abduction), and international adoption procedures.
For Turkish citizens seeking to get divorced in the UK, there are certain sets of protocols they need to follow in order to have that court decision recognised in Turkiye. In this context, here is how we advise our client in the following steps:
**Jurisdiction **: We determine whether the UK courts have jurisdiction to hear our clients divorce case. Jurisdiction may be based on factors such as clients’ habitual residence, nationality, or domicile.
**Grounds for Divorce**: In the UK, there's only one ground for divorce, which is the irretrievable breakdown of the marriage.
**File for Divorce in the UK**: If the UK courts have jurisdiction, through our solicitor partners in the UK, we initiate divorce proceedings by filing a divorce application with the appropriate court in the UK. The process for obtaining a divorce in the UK involves several stages, including filing the petition, serving the petition on the other spouse, and obtaining a decree nisi and decree absolute.
**Obtain Decree Absolute or Final Order**: Once the court grants a decree absolute or final order, the divorce is finalised under UK law. The decree absolute serves as evidence of the divorce and may be used to demonstrate the termination of the marriage.
**Obtain Legalisation and Translation**: In order to have the UK divorce decree recognised in Turkiye, we assist our clients to obtain legalisation and translation of the decree. This typically involves having the decree authenticated by the UK Foreign and Commonwealth Office (FCO) or obtaining an apostille, depending on the requirements of Turkish authorities. We also assist to have the decree translated into Turkish by a certified translator.
**Submit Documents to Turkish Authorities**: After obtaining the legalised and translated divorce decree, we submit the documents to the relevant Turkish authorities for recognition. This may include the Turkish consulate or embassy in the UK, as well as the local civil registry office (Nüfus Müdürlüğü) in Turkiye where your marriage was registered.
**Registration and Recognition**: Once the divorce decree is submitted to the Turkish authorities and meets the necessary requirements, it will be registered and recognised under Turkish law. The divorce will be recorded in the Turkish civil registry, and our clients will be able to obtain official documentation confirming the dissolution of the marriage.
Turkish citizens going through a divorce in the UK may benefit from seeking legal advice from a Turkish qualified lawyer to guide them through the process and ensure their rights and interests are protected. Additionally, if there are complex international aspects to the divorce, such as disputes over jurisdiction or enforcement of orders, consulting with a lawyer experienced in international family law matters would be advisable.
It's also important to note that the process of obtaining recognition of a foreign divorce decree in Turkiye may vary depending on the specific circumstances of the case and the requirements of Turkish law. It's advisable to seek legal assistance from a qualified lawyer or legal advisor familiar with international family law and the recognition of foreign judgments in Turkiye. We provide guidance and assistance throughout the process to ensure that our clients’ divorce is recognised effectively under Turkish law.
- Legal Research and Opinions: We also conduct legal research and analysis on complex issues of Turkish International Private Law, providing clients with legal opinions, memoranda, and advisory reports on the interpretation and application of relevant legal principles and precedents.
- Compliance and Regulatory Advice: We advise our clients on compliance with international laws, regulations, and treaties affecting their cross-border activities. We help clients navigate regulatory requirements, trade restrictions, sanctions regimes, and other legal obligations in international transactions and operations.
Further to the above, we also practise law in Turkish Inheritance Law, Debt Collection and Bankruptcy, Turkish Employment Law, Turkish Intellectual Property Law and Turkish Cooperate & Commercial Law.
Overall, we specialise in all Turkish Civil law areas and Turkish International Private Law. We play a critical role in facilitating cross-border transactions, resolving international disputes, and helping our clients navigate the complex legal landscape of international law and relations that also concerns the Turkish civil law. We provide tailored legal solutions to meet the diverse needs and objectives of our clients operating in the global marketplace.