GLOBALLY RECOGNIZED TURKISH LAW FIRMRECORDS OF EXCELLENCE AND PROFESSIONAL LEADERSHIPOUT IN FRONT IN TURKISH LEGAL WORLD
Divorce Decrees passed by foreign courts for Turkish citizens living abroad are subject to filing a recognition and exequatur lawsuit to make them valid and enforceable in Turkey.
Recognition refers to approval of a sentence passed by a foreign court to make it valid in Turkey. Legal outcomes of such sentence will be determined subject to the laws governing the foreign court. If such sentence is found unrecognizable, it will not bear any legal effect. However, such unrecognized sentences can be used as evidence to prove a dispute.
Exequatur refers to approval of a sentence passed by a foreign court to make it enforceable in Turkey. Exequatur can also be issued not to enforce such sentence, but to use such sentence as a final evidence or final order.
General information about recognition and exequatur
- Recognition and exequatur for sentences passed by foreign courts are subject to filing a proper lawsuit to apply for the same, cannot be issued through a pre-hearing review.
- Such lawsuits are subject to the usual civil procedures law.
- Hearings or sessions for such lawsuits can be held during a legal holiday.
- If the petitioner is not a resident of Turkey, he/she must deposit a legal guarantee with the court. The amount of the said legal guarantee will be decided by the judge at his discretion. If Turkey and the other country signed a reciprocality agreement providing exemption for such legal guarantee, the court will not require such legal guarantee.
- Jurisprudence for such lawsuits is the court having jurisprudence over the respondent’s residence (i.e. the borough where the respondent was birth registered). If the respondent is not such resident of Turkey, jurisprudence is the court having jurisdiction over the borough where the respondent is living in Turkey. If the respondent does not live in Turkey, jurisprudence is the courts of Ankara, Istanbul, or Izmir.
- Venue for such lawsuits is the court of family affairs.
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Since its foundation in 1992, Akkas & Associates Turkish Law Firm has been the choice of numerous clients in Istanbul, Turkey. Thanks to its nationally recognized family law and divorce practice, our firm is now one of the leading law firms in Istanbul, Turkey. You may reach our family law and divorce lawyers by email to firstname.lastname@example.org or through our Contact page.
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