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July 12, 2011, Tuesday

Divorce and remarriage

Divorce is certainly a very personal and difficult decision to make. A decision about getting married again following a divorce can be even more difficult.

“Hello, I am writing to ask for your help/advice please as everywhere I try and find an answer to my questions I get a different response…”

You may find as many answers as the number of lawyers you consult with. Everyone has his/her own approach in law and there may be a variety of legal opinions applicable to the case.

“…My boyfriend and his wife separated quite a while ago after being together for 18 months. He is Turkish and she is English. He was given bad advice around getting a divorce which resulted in him losing TL 2,000. Our main questions are: 1) The wife has begun the divorce proceedings in the UK and provided us with a [power of attorney] PoA -- the solicitor my husband has been dealing with in Turkey said now that he has the PoA he will be able to do the Turkish divorce with just that and begin proceedings. Is this correct?”

Yes, this is correct as long as the PoA is in acceptable form and the judge does not order the presence of the parties.

“2) If this is correct and the divorce is done in Turkey, will there still need to be a separate divorce carried out in the UK or will it be enough to have just done the divorce in Turkey and provide his wife with a copy of the decree absolute?”

One court decision should be enough if both countries are parties to applicable treaties concerning the mutual enforcement and recognition of court decisions from the respective countries. In this case, a court decision can be enforced in the other country -- for instance, a Turkish court decision would be applicable in the UK -- as long as the requirements are met and the procedure is carried out. Enforcement and recognition matters are complex and you need to receive legal advice about it.

“Basically I am really worried if the divorce is done in Turkey that it won't be legal here in the UK, and me and my boyfriend plan to marry in November all being well and I really don't want to do anything that is not legal or cutting corners. Also, his wife wants to re-marry in the UK and she wants to know if she will be able to re-marry with just the Turkish divorce being done. Hope you can help. Thanks.”

I have only some basic information about your case and, as far as I can see, you can get a single decision from one country, which would be applicable in both countries. Good luck.

NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Please send inquiries to [email protected]. If a sender's letter is published, names may be disclosed unless otherwise expressly stated by the sender.

DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this column.

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