Being taboo, divorce was the last and final resort in a broken marriage. Today, however, cases of divorce have increased dramatically compared to the past. I am not sure if it was better before; even as recently as the 1980s, a couple would discuss divorce more seriously, and many marriages were probably salvaged this way. Now, marriage and divorce are almost as simple as dating and breaking up, especially if the couple does not have a child.
An old friend of mine once told me that a marriage does not work by itself -- you have to make it work. I was single at the time and did not really understand until after I got married. The institution of marriage is indeed a serious and difficult project.
Divorce is not forbidden in Islam or by Turkish traditions. As in the rest of the civilized world, spouses always have the choice to walk away and start a new life with new people. There is life after divorce.
Today I would like to quote a letter about life after divorce and a fresh start in a new relationship. The e-mail reads as follows: “I have come across your e-mail address on 'todayszaman' Web site, and would be very grateful of a little advice. My Turkish partner has a previous marriage to an English lady; however, they divorced in the UK over a year ago. We have since found out that for us to marry, he must get a divorce in Turkey first. This is proving difficult as the ex-wife isn't being helpful, so we don't know if there are any routes to take that don't require her to do anything? We don't know her address or any means to contact her, other than her daughter's e-mail address. Could you advise any other way that doesn't require cooperation from her? Thanks for your time”
As you can see, it is not easy to end a marriage. First, I strongly recommend that you simply ask for the cooperation of the ex-wife as this will make things much easier. Otherwise, you should petition a local court to recognize the foreign court order.
In order to update the registry, you need to submit the decision of the court to local authorities. Since you have a foreign court decision, local authorities will ask for a Turkish court's decision that recognizes this foreign court decision. Only after this recognition can you submit it to the authorities for enforcement. The recognition and enforcement of one country's court decision in another country has always been a complex and difficult issue. Many countries have enacted rules or are party to international conventions governing the recognition and enforcement of foreign court decisions or arbitral awards.
The process of recognition of court judgments in Turkey is governed by the Code of Procedural Private International Law (CPPIL) No. 2675, dated May 2, 1982. A party asking for the enforcement of a foreign court decision in Turkey should apply to the competent Turkish court (s. 35/2) asking for a partial or full enforcement of a judicial award.
Some of the points to be checked by the Turkish court shall be if reciprocity exists between Turkey and the country in which the court decision was made, if the court decision is final and absolute according to the law of the country in which it was made, if the merits of the case concern an issue on which Turkish courts would have sole jurisdiction, if the decision violates Turkish public order and if the correct law applies to the merits chosen in accordance with Turkish laws (in cases where there is a conflict of law between the foreign country and Turkey).
As you can see, the recognition procedure for a foreign court decision is sometimes even more complex and lengthy than the judgment itself. The parties may seek advice on different solutions, such as starting a new legal action (i.e., a new case in Turkey) in order to obtain a local court decision.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of 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 corner.
