What is recognition and enforcement in divorce?
Shall a person who divorced in foreign country, and has had a verdict made by foreign court, and be able to claim the divorce decision ?
There ought to be a verdict which being taken from Turkish court in order to enforce and recognize divorce decision made by foreign court concerning recognition and enforcement. Merely, Turkish domestic relations courts are authorized in respect to recognize and enforce decision given by foreign court.
Moreover Decisions made by foreign courts is recognized and enforced by the courts of Ankara, Istanbul, Izmır ın the event of absence of a person’s place residence who recognition is wanted against her/him, current place of residence otherwise her/his habitual residence, in such circumstances has not had residence place or habitual residence a person again shall claim from the same courts Firstly, the dispute which may arise from divorce or any other private law conflict that must consist of element of foreignness in order to be issued to recognition and enforcement by Turkish Court.
There ought to be decision which must be given by foreign court. To illustrate with an example the parties who are Turkish citizenship and get divorced in Germany or one of the parties is Turkish citizenship. For this case Turkish law shall be applied. By the way, Provided that decision is given by German court, how the decision to be enforced in Turkey ?
What are conditions for Recognition and Enforcement ?
Recognition: To to sum up briefly, recognition is which the effection of final judgment order of divorce decision given by courts of foreign countries and to be accepted as well as be effective in Turkey.
These are the conditions concerning recognition in order to lawsuit.
There is supposed to be a decision given by foreign courts. The decision which being concluded permanently in the manner of material law as well as procedural law, is required Verdict must be related to private law. Foreign decision must be given on the issues not concerned exclusive authority of Turkey. Foreign decision which subjected to the lawsuit, should not be clearly against Turkish Public Order. Foreign decision Must comply with the Rules of Foreign Conflict of Laws.
Enforcement is that decision which is given by another foreign country, and is fulfillment (of a decision or decree). Further there are same conditions for enforcement compared to recognition. Nevertheless there are two extra conditions for enforcement.
principle of reciprocity: Foreign decision shall be enforced, in the event of provided that there is an agreement between two governments or even if not existence of the agreement but existence of practicing in relation to enforcement or existence of provision in foreign country law.
Foreign decision must be appropriate with right of defence:
A person ought to object to the decision towards claim of enforcement by basing on things illustrated below Pursuant to relevant by the law of place where decision has been given, A person who demanded enforcement against himself, being not invited to hearing in accordance with procedural law of court which issued the judgment, or not being represented during the hearing or being made a decision concerning him in defiance of the law and in absence of him.
There is no time limit in order to lawsuit recognition and enforcement. However , it is absolutely necessary to lawsuit in case of existence of distributive share or remarriage .
Authored by Solicitor Penbe Üner KESKİN