QUICK ANSWER
The legal position in one minute
Under Law No. 5718, the law applicable to the grounds and consequences of divorce is selected through a statutory sequence that begins with the spouses’ common national law, then their common habitual residence, and then Turkish law if the earlier connections are unavailable. Other claims, including maintenance and matrimonial property, have their own rules and must be analysed separately.
01
The statutory sequence for divorce
Article 14 of Law No. 5718 uses connecting factors in an order. The spouses’ common national law is considered first, followed by the law of their common habitual residence, and Turkish law where neither shared connection exists. Dates matter because nationality and residence can change.
The selected law can affect the available grounds and consequences of divorce. The petition should state the connecting facts and legal route instead of silently assuming the result.
02
Why one case can contain several applicable laws
Maintenance, matrimonial property, parental responsibility and procedural questions are not automatically governed by the same law as the divorce status. Characterising the claim correctly comes before selecting the rule.
Create a claim table listing divorce, interim maintenance, post-divorce support, compensation, custody, contact and each asset category. Record the connecting facts and proposed applicable law for every row.
03
Establishing the content of foreign law
The court applies Turkish conflict rules, but the reliable content and current effect of a foreign rule may require official texts, translations, expert material or assistance through recognised channels. An online summary is not a substitute for the applicable provision and its interpretation.
Parties should identify disagreements about foreign law early. Late or incomplete material can slow the case and make it harder to connect the foreign rule to the pleaded facts.
04
Procedure remains a separate question
Turkish courts generally conduct their procedure under Turkish procedural law even when foreign substantive law applies. Pleading stages, evidence submission, hearings, service and appeal therefore require a Turkish procedural plan.
Translations must preserve legal meaning and defined terms. Counsel should explain which propositions come from foreign substantive law and which arise from Turkish procedure.
05
Public policy and mandatory protection
Law No. 5718 contains safeguards concerning public policy and directly applicable rules. They should be used with precision; a difference between Turkish and foreign law does not by itself justify disregarding the selected law.
Urgent protective measures and a child’s safety should be raised immediately. The availability of Turkish interim measures can involve a different statutory analysis from the law ultimately governing the merits.
DOCUMENT PREPARATION
Documents to organise before an initial review
Do not send originals until the receiving authority and required form have been identified. Begin with legible, complete copies and retain the source, page order and verification details.
- Nationality records throughout the relevant period
- Dated habitual-residence chronology
- Foreign statutes and reliable translations
- Any foreign-law opinion or official explanatory material
- Claim-by-claim list of requested relief
- Existing choice-of-law or marital-property agreement
COMMON QUESTIONS
Questions international families often ask
Will a Turkish court always use Turkish divorce law?
No. The conflict-of-laws sequence in Law No. 5718 must first be applied to the parties’ connecting facts.
Can different laws govern divorce and property?
Yes. Matrimonial property and other consequences have separate statutory rules and should be analysed independently.
Who proves foreign law?
The court applies conflict rules, while the parties should provide accurate, translated and usable material concerning disputed foreign law. The practical method depends on the case.
Does public policy mean foreign law is usually rejected?
No. Public policy is an exceptional control. Mere difference from Turkish law is not enough on its own.
PRIMARY MATERIAL
Official sources used for this guide
Legislation and treaty status can change. Open the official source and check the current text before relying on a rule for a live case.
Istanbul Bar Association lawyer • practising since 1999