A decision must be made by the foreign court in respect of civil cases.
This foreign court decision must be finalized according to the law of the country in which it is issued.
There should be no clear violation of public order.
Recognition and enforcement of the country that is required to meet the affirmation is required.
The right of application must not be used contrary to the rule of integrity.
NEW REGULATION FOR DISCONTINUED ABROAD
As a rule, the recognition and enforcement of a decision on the divorce granted by a foreign court shall be performed by authorized and competent courts within the boundaries of the Republic of Turkey.

However, decisions on the bachelor’s of divorce, separation and marriage have been granted to the Law on Population Services no. 5490 by the Decree Law No. 690 of 17/04/2017 on 27 / A. . For this purpose, a number of conditions are listed in the relevant law:

CONDITIONS OF APPLICATION TO POPULATION BY ABROAD
There should be a decision on divorce, separation, marriage or the determination of marriage in the foreign country.
This decision must be finalized according to the law of the country in which it is issued.
The parties must participate together or through their representatives.
The relevant decision should not be against the Turkish public order.
As can be seen, those who demanded recognition and enforcement before the arrangement were introduced should apply to the Turkish judicial bodies. In the present regulation, if the parties act together and other conditions are met, they can be directly requested to register to the authorized population directorate.

In accordance with the above explanations, the recognition and enforcement of divorce, separation, marriage bachelor and marriage determination decisions, although tried to be practical, may cause some problems. Namely; It is not always possible to have a sound evaluation of the directorates of administrative and administrative bodies carrying out work and operations. If it should be given an example, it may take a long time to determine whether the decision given by a foreign court has been finalized according to the law of the country, and that it is different legal systems. Even the judicial authorities need a judgment of a judge and an expert judge who are specialized in foreign law to assess a decision made by a foreign court.

The determination of non-compliance with the public order is likely to result in unhealthy consequences of the enforcement of such provision added to the legislation, although it may be appreciated by the judicial authorities.

Authorized population directorates, Law No. 5490 m. As stated in the 27 / A / 4, it shall be determined by the regulation on the procedure and basis to be issued by the Ministry of Interior and this regulation has not been published yet.

WHAT SHOULD BE DONE if the request is denied?
Noting the conditions set out in the article of the law; If the demand for registration of divorce, separation, marriage and marriage determination is denied, the parties will be able to request the recognition and enforcement of the relevant decision through a lawsuit in accordance with the provisions of the Law on International Private Law and Procedural Law No. 5718.

In this regard, one of the parties rejected the demand by the population directorate, against which enforcement requested person’s residence in Turkey, that if the place is calm, that if Istanbul, Izmir, will open a recognition or recognition-enforcement cases divorce abroad in one of Ankara court. In these cases, the court will be a court court.

WHO CAN APPLY TO EXPLOR THE ABOVE DIVING TO THE POPULATION?
Pursuant to the explicit expression of the article of the Law, the parties are required to participate together or through their representatives. However, the current regulation does not respond to who is authorized to make an application if the parties are not.

The procedures of the Population Directorate are administrative. In cases where one of the parties is not able to make legal benefit determination because it is not possible to determine the legal benefit of an authority carrying out administrative works and transactions, the decisions of divorce, separation, marriage and the determination of marriage shall not be registered directly to the population register under Article 27 / A of the Law No. 5490. the competent Family Court will have to open a case for recognition and enforcement.

WHAT ARE THE REQUIRED DOCUMENTS FOR THE OPERATION OF THE DISCHARGE OF ABOVE DISCOUNTS?
The request for registration of the foreign court divorce decision on the population register includes petition / printed form issued by the Ministry
The original and approved copy of the foreign court divorce order
Notarial or consular approved translation of the foreign court divorce decision
The original document confirming the final decision of the foreign court
Certified translation of the approved document
 

WHAT CAN THE COUNTRIES BE APPLIED TO BE OPERATED WITH THE COUNTRY?
If the parties or their lawyers cannot apply together or if it is not possible to act jointly with the Authorized Population Office or the consulate, it is necessary to recognize and enforce foreign divorce cases by means of the provisions of the MSRCC.

Since the recognition and enforcement cases will not be time-barred due to the opening of legal proceedings and legal benefits, it is possible to open such cases, even though the period of time spent abroad is over.

Recognition and enforcement cases will be subject to simple procedure.

Authorized the recognition and enforcement of the decision of the Family Court has been obtained from abroad, divorce, separation, nullity of marriage and the marriage will be able to identify decisions and execution in having the force of res judicata in Turkey.