For Turkish citizens living in the United Kingdom — particularly in England and Wales — the divorce process is not limited to proceedings before the English courts.
The recognition of a divorce granted in England in Turkiye, the determination of which country’s law applies to the division of assets, and the legal status of immovable property must all be carefully assessed.
This article explains in detail:
- The divorce process in England
- Financial settlements and division of assets
- Recognition of an English divorce in Turkiye
- Administrative registration without court proceedings
- Applicable law in international asset division and immovable property
1. How Does the Divorce Process Work in England?
In England and Wales, divorce is based on the principle that the marriage has irretrievably broken down. nder the current system, one party’s application is sufficient and there is no requirement to prove fault.
The divorce process consists of two main stages:
1. Conditional Order (formerly known as Decree Nisi)
2. Final Order (formerly known as Decree Absolute)
The marriage is legally dissolved once the Final Order is granted.
To issue divorce proceedings, generally at least one spouse must be domiciled in England and Wales or meet the relevant habitual residence requirements
2. Financial Settlements and Division of Assets in England
Divorce and financial matters are technically separate legal processes. English courts do not automatically divide assets on a strict 50/50 basis. Instead, the court seeks a fair and reasonable outcome based on the circumstances of the case.
Key factors considered by the court include:
- Length of the marriage
- Income and earning capacity of each party
- The needs of any children
- Age and health of the parties
- Contributions made during the marriage (financial and non-financial)
- Future financial needs
The court may make orders regarding:
- Transfer or sale of the family home
- Lump sum payments
- Spousal maintenance
- Pension sharing
If the parties reach an agreement, it is submitted to the court for approval in the form of a Consent Order.
3. Is an English Divorce Automatically Valid in Turkiye?
No. A divorce granted in England is not automatically valid in Turkiye.
Without formal recognition, the parties will continue to appear as married in Turkish civil records. This may lead to significant legal consequences, including:
- Inability to remarry in Turkiye
- Ongoing inheritance rights
- Inability to liquidate the matrimonial property regime
- Complications in property and banking transactions
Therefore, the divorce must be formally recognised or registered in Turkiye.
4. Recognition in Turkiye – Two Available Routes
A. Court Recognition (Recognition and Enforcement Proceedings)
If administrative registration is not available, a recognition claim must be filed before the Turkish Family Court.
The Turkish court will examine whether:
- The foreign judgment is final
- The foreign court had proper jurisdiction
- The defendant’s right of defence was respected
- The judgment is not manifestly contrary to Turkish public policy
If the foreign judgment includes financial provisions such as maintenance, compensation or asset division, separate enforcement (tenfiz) proceedings may be required for those parts to be executable in Turkiye.
B. Administrative Registration Without Court Proceedings
Following legislative amendments introduced in 2018, certain foreign divorce decisions may now be registered directly with the Turkish Civil Registry Office without initiating court proceedings.
This is a faster and more cost-effective method, but it is subject to strict conditions.
Which Decisions Qualify?
Administrative registration applies only to decisions concerning:
- Divorce
- Annulment of marriage
- Nullity of marriage
Financial provisions such as maintenance, custody, compensation or asset division cannot be enforced through this administrative route.
Conditions for Administrative Registration All of the following requirements must be met:
1. The decision must be final (in England, usually evidenced by the Final Order).
2. The judgment must have been issued by a competent court.
3. The right of defence must not have been violated.
4. The parties must apply jointly, or one party must provide the other’s written consent.
5. The judgment must not be clearly contrary to Turkish public policy.
If one party refuses to cooperate or provide consent, administrative registration will not be possible and court recognition proceedings will be required.
Required Documents
Typically, the following documents are required:
- Final Order
- Certificate of finality (if separate)
- Apostille
- Notarised or consular-certified Turkish translation
- Identification documents
- Signed application form
Applications may be submitted to any Civil Registry Office in Turkiye or to Turkish consulates abroad.
5. International Asset Division – Which Country’s Law Applies?
A. General Rule
Under Turkish Private International Law:
1. The spouses’ common national law at the time of marriage applies.
2. If there is no common nationality, the law of their common habitual residence applies.
3. If neither exists, Turkish law may apply.
B. Special Rule for Immovable Property: Lex Rei Sitae
A fundamental principle applies to immovable property:
The law of the country where the property is located governs that property.
For example:
- A property located in England is governed by English law.
- A property located in Turkiye is governed by Turkish law.
Where spouses hold assets in more than one country, each country applies its own law to immovable roperty within its territory.
C. Effect of an English Financial Order in Turkiye
While courts in England may issue decisions regarding the division of assets within divorce proceedings, such decisions cannot be directly implemented in respect of immovable property located in Turkiye.
Under Turkish law, disputes concerning rights in rem over immovable property fall under the exclusive and mandatory jurisdiction of the court where the property is located. This principle is based on International Private and Procedural Law Act No.
5718 Article 40, which provides that international jurisdiction is determined by reference to domestic jurisdiction rules, and Code of Civil Procedure No. 6100 Article
12, which establishes that the court where the immovable property is situated has exclusive jurisdiction.
For this reason, any decision rendered by an English court concerning the ownership, transfer, or other rights in rem over an immovable property located in Turkiye cannot be recognised or enforced in Turkey and does not create any direct effect on the Turkish land registry. This approach has also been clearly adopted in the case law of the General Assembly of the Court of Cassation.
Accordingly, with respect to immovable property located in Turkiye, claims relating to property division and ownership must be brought from the outset before Turkish courts. The competent court is, as a rule, the Family Court, which deals with the liquidation of matrimonial property regimes, and the court with territorial jurisdiction is the court of the place where the immovable property is located. Therefore, decisionsrendered in England may only be taken into account in a limited manner, for example
in assessing the overall financial position between the parties, but they do not produce direct legal consequences in respect of immovable property in Turkey.
Turkish courts will also carry out a public policy review and assess whether the relevant legal conditions are satisfied.
Divorcing in England does not mean that the legal process is fully concluded. The recognition of the divorce in Turkey, the correction of civil registry records, the liquidation of the matrimonial property regime, and the determination of the legal status of immovable assets in Turkiye are separate processes requiring specific expertise.
At Dogan Legal Consultancy, we provide comprehensive legal support in matters including:
- Divorce proceedings in England
- Financial settlements and asset division
- Recognition and enforcement of English divorce decisions in Turkiye
- Civil Registry applications
- Matrimonial property regime liquidation and property disputes in Turkiye
In cross-border family law disputes, it is of critical importance to adopt an approach that is well-versed in both Turkish law and the legal system of England and Wales. In this context, we work in cooperation with regulated and authorised English solicitors to ensure that the process is managed in a compliant, secure, and strategic manner in both jurisdictions.
In cross-border family law matters, proper legal structuring, timing, and coordination are decisive. You may contact us to obtain professional legal support regarding your matter.