For Turkish citizens living in the Netherlands, family law matters are often not limited to a divorce between two people. The marriage may still be registered in the Turkish civil registry, one party may live in the Netherlands and the other in Turkey, custody of the children may become an issue between two countries, or it may turn out that a divorce granted in the Netherlands still has no effect in Turkey. The first step in family law cases is therefore to determine correctly which legal procedure will actually resolve the matter.
Procedures in Turkey such as divorce, maintenance, custody, division of property and making foreign court judgments valid in Turkey can require different documents and procedural conditions in each case. For people living in the Netherlands, practical matters such as the power of attorney, consular procedures, translation, apostille and remote litigation are added to the process.
In short, living in the Netherlands does not prevent you from pursuing your family law rights in Turkey. However, which case should be filed where, whether representation is possible without coming to Turkey, which documents must be prepared and how the process should be handled must be assessed according to the specifics of the case.
This page on Hukukcum.nl aims to make family law procedures in Turkey easier to understand for Turkish people living in the Netherlands, and to provide a basic roadmap on divorce, maintenance, custody, division of property and representation by power of attorney.
Divorce Cases in Turkey
In Turkey, divorce cases are heard by the family courts when spouses want to end their marriage. Which court the divorce case should be filed with is assessed on the basis of the spouses’ places of residence, where they last lived together, the parties’ connection with Turkey and the nature of the case.
For Turkish people living in the Netherlands, the first question is: should a divorce case be filed in Turkey, or does a divorce judgment obtained in the Netherlands need to be made valid in Turkey?
These are two different situations.
In the first, one of the parties wants to file for divorce in Turkey. In the second, a divorce judgment has already been issued in the Netherlands, but it needs to be entered in the Turkish civil registry or have legal effect in Turkey.
What does a divorce case in Turkey cover?
A divorce case is not limited to ending the marriage. Depending on the case, the following issues may also arise:
- Compensation for financial and non-financial damage
- Post-divorce spousal maintenance (yoksulluk nafakası)
- Interim maintenance during proceedings (tedbir nafakası)
- Child maintenance (iştirak nafakası)
- Custody of the children
- Contact arrangements with the child
- Division of property acquired during the marriage
- Claims regarding the shared home and the family home
Every divorce case has its own dynamics. In some cases the process is simpler because the parties agree, while in others a more technical approach is needed because of custody, fault, maintenance, division of property or service of documents abroad.
Divorce by Mutual Consent
Divorce by mutual consent is a type of case in which the spouses agree on the divorce and its consequences. It is not enough for the parties to say “we want a divorce”; they must also agree on maintenance, custody, compensation, division of property, contact with the children and other consequences.
Why is the settlement agreement important in a divorce by mutual consent?
The divorce settlement agreement (protocol) is the key document of the case. It should clearly set out the rights and obligations of the parties after the divorce. Especially where there are children, matters such as custody, child maintenance, contact days, holiday periods and education and healthcare costs should not be left vague.
For spouses living in the Netherlands, the agreement must be prepared even more carefully. If one party lives in Turkey and the other in the Netherlands, it must also be considered in which country the child will live, how contact with the other parent will take place, how travel costs will be covered and how official permission procedures will be handled.
Can spouses living in the Netherlands divorce by mutual consent?
Yes, if the conditions are met, Turkish citizens living in the Netherlands can file for divorce by mutual consent in Turkey. However, because the court may need to hear the parties in divorces by mutual consent, the parties’ attendance at the hearing and whether they need to come to Turkey should be assessed case by case. In some practical situations, the power of attorney, the planning of the hearing and the taking of the parties’ statements should be discussed with the lawyer in advance.
Divorce by mutual consent should therefore not be seen as “easy anyway”. A poorly drafted agreement can lead to problems with maintenance, custody or enforcement later on.
Contested Divorce
A contested divorce is a case in which the spouses cannot agree on the divorce or its consequences. One party may not want a divorce; or even if they accept the divorce, no agreement may have been reached on fault, custody, maintenance, compensation or division of property.
What issues are disputed in a contested divorce?
In a contested divorce, the court assesses the parties’ claims and defences, the evidence submitted, witness statements and the case as a whole. In practice, the most disputed issues are:
- Why the marriage broke down
- The degree of fault of each party
- Who will have custody of the child
- Whether maintenance will be paid
- Whether compensation can be claimed
- How the shared assets will be divided
- How the party living abroad will take part in the case
For the party living in the Netherlands, service of documents, gathering evidence and following the hearings must be planned more carefully. Documents served at the wrong address, incompletely translated documents or evidence submitted late can prolong the case.
How long does a contested divorce take?
There is no definitive answer to this question. The length of the case depends on the court’s workload, the countries where the parties live, the service of documents, the number of witnesses, whether an expert examination is needed and the likelihood of the parties reaching agreement. In divorce cases with a foreign connection, the document and service stages can take additional time.
Maintenance Cases
Maintenance is one of the most frequently asked-about topics in family law. Different types of maintenance may arise during or after the divorce. Each serves a different purpose.
What types of maintenance are there?
The most common types of maintenance in Turkish family law practice are:
Interim maintenance (tedbir nafakası):
Can be awarded while divorce or separation proceedings are pending, to protect the spouse or child temporarily.
Post-divorce spousal maintenance (yoksulluk nafakası):
Maintenance that can be claimed by the party who would fall into poverty as a result of the divorce. The conditions are assessed separately in each case.
Child maintenance (iştirak nafakası):
The parent who does not have custody may be required to contribute to the child’s care, education, health and living costs.
Family support maintenance (yardım nafakası):
Can arise independently of a divorce case, under the duty of support between certain relatives specified by law.
Short answer:
In maintenance cases, the court considers the parties’ income, their needs, the children’s expenses and the specifics of the case together. The amount of maintenance is not determined in the same way in every case.
Can maintenance be claimed from a spouse living in the Netherlands?
The fact that one spouse lives in the Netherlands does not in itself prevent a maintenance claim in Turkey. However, income, living costs, ability to pay, the child’s needs and the parties’ financial circumstances must be demonstrated with concrete documents.
Documents such as Dutch payslips, benefit statements, rent costs, child-related costs or bank statements can be important in the case. Whether these documents need translation, certification or an apostille to be used in Turkey should be assessed separately.
Custody Cases
Custody is an important family law matter covering the child’s care, education, health, protection and legal representation. If there are children in a divorce case, the court decides on custody based on the best interests of the child.
How is custody assessed for a parent living in the Netherlands?
The fact that one party lives in the Netherlands does not prevent them from seeking custody. However, the court takes into account in which country the child will live, the child’s schooling, social environment, living conditions and relationship with the other parent.
For example, if the child goes to school in the Netherlands, the court may examine how a move to Turkey would affect the child’s life. Conversely, if the child lives in Turkey and the other parent is in the Netherlands, how contact will be arranged becomes important.
How is contact with the child arranged?
The parent who does not have custody has the right to see the child. In families with a foreign connection, however, this contact arrangement may differ from the usual weekend schedule. Matters such as school holidays, the summer months, religious holidays, online contact and travel costs should be set out concretely.
Vague contact arrangements can lead to enforcement, communication and permission problems later on. Parents living abroad therefore need a workable, clear and realistic contact plan.
Division of Property
One of the things people most often confuse in divorce proceedings is the division of property. A divorce case and a property division case are not always resolved in the same proceedings. Property acquired during the marriage is assessed according to the matrimonial property regime that applies to the parties.
Which assets can be divided?
In practice, the following assets often come up in property division disputes:
- A house bought in Turkey or the Netherlands
- Land, fields or business premises
- Vehicles
- Bank accounts
- Company shares
- Pension savings
- Real estate bought with a mortgage or loan
- Investments acquired during the marriage
When dividing property, factors such as whether the asset was acquired before or after the marriage, who paid for it, whether it is personal property and whether it was acquired by inheritance or gift are important.
Are assets in the Netherlands taken into account in a case in Turkey?
This requires a technical assessment. The marriage, the parties’ nationality, place of residence, matrimonial property regime, the country where the asset is located and the applicable law must be examined together. If a property, bank account or company shares in the Netherlands are involved, not only Turkish law but also the private international law dimension must be assessed.
In property division cases, documents should therefore be collected systematically from the start. Title deed records, bank documents, loan agreements, payment receipts, company documents and acquisition dates can affect the direction of the case.
Filing a Case in Turkey as a Spouse Living in the Netherlands
Spouses living in the Netherlands can file a case in Turkey; however, which case can be filed in Turkey and how it will be handled must be determined according to the circumstances of the case.
A case or procedure in Turkey may be relevant in particular in the following situations:
- If one of the parties lives in Turkey
- If the marriage is still registered in the Turkish civil registry
- If a Dutch divorce judgment needs to be recognised in Turkey
- If there is real estate or other assets in Turkey
- If there is a Turkey-related dispute about children, maintenance or custody
- If a family law case has already been filed in Turkey
I divorced in the Netherlands. Do I need to file a new case in Turkey?
A new divorce case is not always necessary. If a divorce judgment has been issued in the Netherlands, it may need to be recognised, enforced or registered administratively in Turkey. Which route to take depends on the nature of the judgment, whether it is final, the parties’ situation and whether the documents are in order.
This subject is covered in more detail on the “Divorce, Recognition and Enforcement” page, because many people who divorced in the Netherlands run into problems with inheritance, remarriage, civil registry procedures or assets because they are still registered as married in Turkey.
Representation by Power of Attorney in Family Law Matters
For Turkish people living in the Netherlands, a large part of family law cases can be handled through a lawyer. This usually requires a power of attorney with the appropriate content issued at the consulate. Consular notarial services include documents such as powers of attorney, revocations, consents, undertakings and agreements; for these, an appointment must be made and the application made in person.
What should be considered in a family law power of attorney?
In family law cases, the power of attorney should not be treated as a standard text. Divorce, maintenance, custody, recognition and enforcement, division of property or child-related procedures may require different powers.
For example, a power of attorney for a divorce case may not have the same content as one covering land registry transactions after the division of property. A power of attorney for recognition and enforcement must also contain powers suitable for handling procedures relating to the foreign court judgment.
Is representation possible without coming to Turkey?
Representation by a lawyer is possible in many family law procedures. However, because in some cases, such as divorce by mutual consent, the parties may need to be heard in court, attendance at the hearing should be clarified at the start of the case.
General statements such as “you will definitely be divorced without ever coming to Turkey” or “a power of attorney is enough in every case” are therefore not correct. The sound approach is to look at the nature of the case and prepare the power of attorney, documents and hearing plan accordingly.
Document Preparation in Family Law Cases
In family law cases with a foreign connection, document preparation is often one of the most critical stages. Documents from the Netherlands may need translation, an apostille or consular certification to be used in Turkey. How the documents are prepared depends on the procedure for which they will be used.
Commonly used documents
In family law cases, the following documents are commonly requested:
- Civil registry extract
- Marriage registration extract
- Divorce judgment
- Certificate that the judgment is final
- Apostille
- Sworn translation
- The child’s birth and school documents
- Proof of income
- Rent, salary, benefit or bank documents
- Title deed, vehicle, company or bank records
- Power of attorney
The most common mistake in document preparation is collecting documents by guesswork rather than according to the needs of the case. This can cause delays. Missing items, especially the certificate of finality of the divorce judgment, the apostille, the translation and the civil registry record, prolong the process.
Frequently Asked Questions
I live in the Netherlands. Can I file for divorce in Turkey?
Yes, if the conditions are met, you can file for divorce in Turkey. Which court has jurisdiction and whether filing in Turkey is the right route is assessed according to the circumstances of the case.
Do I need to come to Turkey for a divorce by mutual consent?
In some divorces by mutual consent, the parties may need to be heard in court. Whether you need to come to Turkey should therefore be clarified with your lawyer before the case is filed.
I divorced in the Netherlands, but I am still registered as married in Turkey. What should I do?
The Dutch divorce judgment may need to be recognised, enforced or registered in Turkey. The right route depends on the nature of the judgment and the state of the documents.
How is the amount of maintenance determined?
The amount of maintenance is determined according to the parties’ income, their needs, the children’s expenses and the specifics of the case. There is no fixed amount of maintenance for every case.
My child lives in the Netherlands. Can a custody case be filed in Turkey?
In some situations, a case concerning custody or contact may be filed in Turkey. However, the country where the child lives, their habitual residence and any existing decisions must be carefully assessed.
Is property divided automatically in a divorce?
No. The divorce case and the division of property are assessed separately. A separate claim or case may be needed for the division of property.
Can I grant a power of attorney to a lawyer at the consulate?
Yes. A power of attorney can be drawn up at the consulate as a notarial act. However, it must be prepared to suit the family law procedure to be carried out.
Can I use my Dutch documents in Turkey?
Yes, but depending on the type of document, an apostille, translation or certification may be needed. Documents should be prepared according to the procedure for which they will be used.
When Should You Consult a Lawyer?
In family law cases, acting late can sometimes lead to loss of rights or unnecessarily long proceedings. It is useful to get legal advice early, especially if you have decided to divorce, the other party has filed a case in Turkey, you have been served with documents, there is a dispute about the children’s custody, or a dispute has arisen over maintenance or division of property.
A Dutch divorce judgment that has not been registered in Turkey can also cause problems later. Still being registered as married in Turkey can cause serious confusion when remarrying, or in inheritance, civil registry, property division or other official procedures.
Consulting a lawyer does not only mean filing a lawsuit. Sometimes the right advice prevents the wrong case from being filed in the wrong country. Sometimes it helps the parties find a calmer, shorter and less draining solution.
Conclusion
For Turkish people living in the Netherlands, family law matters are not just about the divorce case. Divorce in Turkey, making a Dutch divorce judgment valid in Turkey, maintenance, custody, division of property, civil registry records, document preparation and representation by power of attorney often turn out to be different parts of the same case.
The first step in family law cases is therefore to determine which procedure is really necessary. Will a new case be filed in Turkey, will the Dutch judgment be recognised, will an arrangement concerning the children be made, or will the division of property come up? Once these questions are answered correctly, the process becomes clearer and more manageable.
Hukukcum.nl provides guidance so that Turkish people living in the Netherlands can get the right information about family law procedures in Turkey, plan their documents and power of attorney, and, where needed, be properly represented by a lawyer in Turkey.
