26 Apr Recognition-Enforcement Proceedings
In the case of divorce cases in foreign countries, the decision to divorce in those countries means the annulment of the marriage contract regarding the divorce of the spouses. However, in the event that there is no case for recognition in our country, the marriage will not be over. In other words, marriage in a legal way abroad is not automatically finished in Turkey. People living abroad can apply to court in those countries and divorce and make another marriage. However, this situation will not be possible since they appear to be married in Turkey. In order to avoid this situation, a recognition enforcement case should be filed in Turkey. However, in this way, married couples ‘ marriages will be deleted from the records that have been finished in Turkey.
There is no obligation for the parties to come to Turkey for recognition enforcement cases to be opened. For this reason, making transactions through lawyers can make it work much faster. It is important to prepare the legal documents correctly in order to get results in a short time. In order to issue a decision on recognition enforcement in Turkey, first of all, a divorce decree of the country in which the divorce was made is required. This decision must be made by the court in order to be valid.
Divorce decisions are made by the courts in most European Union countries. However, in some countries, divorce can be decided from municipalities. Divorce decisions not issued by the court will not have a provision in the courts of Turkey. For this reason, the decision to divorce must be made by the court.
The divorce decision must have been decided and the divorce must have taken place. The continuation of this case and the fact that divorce proceedings have been filed will not make it possible for recognition enforcement proceedings to be filed in Turkey. In addition, the finalized divorce decree documents should be Apostille. In order to present these documents to the courts in our country and to be accepted by the court, it must be apostile.
The divorce decree and all necessary documents must be translated into Turkish by sworn translators. These translations and original documents must be approved at consulates. If these procedures are not done, it is not possible to open a recognition enforcement case in Turkey. In this respect, the following transactions and documents must be completed and transactions must be made in order to file a recognition Enforcement Case.
The final divorce decree issued by the foreign courts where the divorce was made
The Apostille of this divorce decree
Translations of the divorce decree and the Apostille manuscript by sworn interpreters
Divorce decree issued in foreign courts and approval of the Apostille article by the consulate
It is not necessary to come to Turkey to make these transactions. The recognition enforcement case to be filed is not a divorce case and the parties are not required to be present. For this reason, lawyers can be authorized to prepare the documents and submit them to the court. Thus, operations can be done easily without problems.
The parties to the divorce decision of the foreign court and Apostille comment with the attorney of the attorney sent the rest of the work will be done in Turkey and recognition of the marriage status of the Directorate of population will be easily reduced by the lawyer.
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