Pay Attention if You Divorced Abroad! Supreme Court of Appeals Ruling on QR-Coded Documents

Lawyer Gizem Gonce comments: “Getting divorced abroad is not enough; the documents must also satisfy the procedural requirements applicable in Türkiye.”

An important judicial decision concerning the recognition in Türkiye of divorce judgments issued abroad has come to the fore. A lawsuit brought by a couple divorced in Belgium to have their divorce judgment recognised in Türkiye was dismissed on the grounds that the QR-coded documents submitted to the court did not meet the approval requirement prescribed by law. The local court’s decision was also upheld by the 2nd Civil Chamber of the Supreme Court of Appeals.

The decision once again underscored the importance of preparing documents, particularly for Turkish citizens living in European countries who have divorced before foreign courts.

Lawyer Gizem Gonce answered questions

Question 1: What is the main point of this Supreme Court of Appeals decision?

Lawyer Gizem Gonce: The most important message of this decision is that simply having obtained a divorce abroad or submitting a copy of the judgment may not be enough for the foreign divorce judgment to produce legal effects in Türkiye.

If recognition of a foreign court judgment is sought in Türkiye, the procedural and documentary requirements set out in the relevant legislation must be met. In the case covered by the news report, the divorce judgment issued in Belgium and the certificate of finality were submitted as QR-coded documents; the court did not consider them sufficient because they did not meet the requirement for an approved document under the law. The dismissal was upheld by the Supreme Court of Appeals.

I would particularly emphasise that this decision should not be interpreted to mean that all QR-coded documents are invalid in every circumstance. It matters which authority issued the document, how it was verified, which approval requirements apply, and which documents were submitted in the particular case.

Question 2: Does a person divorced abroad automatically count as divorced in Türkiye?

Lawyer Gizem Gonce: We cannot say that this is automatically the case in every circumstance. The applicable legal procedure must be followed for a divorce judgment issued in a foreign country to be entered in Türkiye’s civil registry and for its legal effects to be recognised.

Under Turkish law, an application may be made to a court for recognition of a foreign divorce judgment if the relevant conditions are met. In addition, provided certain conditions are satisfied, foreign court judgments may also be registered in the civil registry through an administrative procedure. Which method may be used must be assessed according to the nature of the judgment and the circumstances of the particular case.

For this reason, I recommend that our citizens who have divorced abroad check whether their civil-status records in Türkiye are up to date.

Question 3: What is the difference between recognition and enforcement?

Lawyer Gizem Gonce: These two concepts are often confused, but there is an important difference between them.

Recognition concerns a foreign court judgment acquiring the effect of a final judgment or conclusive evidence in Türkiye. Recognition of a divorce judgment is important for the person to be accepted as divorced in Türkiye as well.

Enforcement, by contrast, makes a foreign court judgment enforceable in Türkiye. For example, the requirements for enforcement may arise when obligations such as maintenance or compensation included in a foreign court judgment are to be enforced in Türkiye.

This distinction must be assessed within the framework of Articles 50 and 58 of Law No. 5718 on Private International Law and International Civil Procedure. One should not assume that the same procedure must necessarily be followed for every foreign divorce judgment.

Question 4: Why might a QR-coded or electronically signed document be considered insufficient?

Lawyer Gizem Gonce: The fact that a document created electronically can be verified is not the same as satisfying all procedural requirements necessary for recognition of a foreign court judgment in Türkiye.

Article 53 of Law No. 5718 sets out documentary requirements concerning the duly approved original or copy of the foreign court judgment and its approved translation. In the particular case, the court’s assessment was that the QR-coded documents submitted did not meet those requirements.

Accordingly, our citizens should not rely solely on the presence of a QR code on a document when taking steps. They should check in advance the document’s legal status and whether it bears the required approvals.

At the same time, it would also be incorrect to say that all electronic documents are invalid. The method by which each document is issued and verified must be assessed according to its own circumstances.

Question 5: Which documents should a person divorced abroad prepare for recognition in Türkiye?

Lawyer Gizem Gonce: In general, the following documents may be required:

The duly approved original or copy of the divorce judgment issued by the foreign court.

A document showing that the judgment has become final, or a certificate of finality.

A duly approved Turkish translation of the judgment and any necessary attachments.

The parties’ identity and civil-registry information.

If the process is to be handled through a representative, a duly executed power of attorney and any other required documents.

Depending on the country where the document was obtained and the international arrangements between Türkiye and that country, an apostille or another approval procedure may be required. For this reason, it would not be correct to say that there is one standard list of documents for every case.

Before applying, it should be checked whether the documents comply both with the requirements in the country where they were issued and with the relevant legislation in Türkiye.

Question 6: Must people divorced abroad always file a lawsuit in Türkiye?

Lawyer Gizem Gonce: No. We cannot say that a lawsuit must be filed in court in every case.

If the conditions prescribed by the legislation are met, certain foreign divorce judgments may be registered in the civil registry through an administrative procedure. The conditions specified in the relevant regulation must be satisfied for this to be possible.

If the conditions for administrative registration are not met, or if the nature of the judgment requires judicial recognition or enforcement proceedings, an application to a court may be necessary.

The important point here is to determine from the outset which route is available for the person’s particular case. Choosing the wrong application route may result in lost time and additional costs.

Question 7: What problems may arise if recognition is not obtained in Türkiye?

Lawyer Gizem Gonce: If a person who has divorced abroad still appears as married in Türkiye’s civil registry, this may cause serious problems, especially if that person wishes to marry again.

Depending on the circumstances of the particular case, problems may also arise concerning inheritance, civil-status records and other legal transactions that depend on the divorce becoming final.

If a foreign divorce judgment is recognised in Türkiye, as a rule the judgment’s res judicata effect is linked to the date on which the foreign judgment became final. However, the effects the judgment will produce in Türkiye must also be assessed in light of its contents and the relevant legislation.

Question 8: What do you recommend to our citizens in light of this decision?

Lawyer Gizem Gonce: First, I recommend that citizens who obtain a divorce judgment abroad do not postpone regularising their legal status in Türkiye as well.

It should be assessed together whether the judgment has become final, whether the document bears the necessary approvals, whether the translation has been prepared in accordance with the applicable procedure, and whether administrative registration is available.

Especially when you need to complete legal procedures in more than one country, you should pay attention not only to the contents of the document but also to the conditions under which it will be accepted in the other country.

In law, proceeding according to the correct procedure is as important as reaching the correct result. Identifying documentary deficiencies at the outset can help prevent our citizens from losing unnecessary time and money.