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How Does a Divorce Decision Issued in Germany Become Effective in Türkiye?

For administrative registration under Article 27/A of Turkish Civil Registration Services Law No. 5490, the decision must have been issued by a competent authority in Germany, must be final under German law and must not be manifestly contrary to Turkish public policy. The application may be submitted to the competent Turkish foreign mission in Germany or to a provincial directorate of population and citizenship affairs in Türkiye authorised to process these applications. Processing the application through the consulate does not mean that the German divorce case is reheard on its merits.

A divorce becoming final in Germany does not automatically change the Turkish civil registration record. A person who still appears as married in the Turkish records must complete the appropriate procedure for the German decision to produce its intended effects in Türkiye. This does not mean that court proceedings are required in every case. Where the statutory conditions are met, the divorce may be entered in the civil register through an administrative procedure; otherwise, recognition of the foreign judgment can be sought before a Turkish court. The appropriate route depends on factors such as the parties’ citizenship, their participation in the application and the scope of the German decision.Go to Contact Form

Sources

  1. 1.Berlin Başkonsolosluğu - Yabancı boşanma kararlarının tescili.
  2. 2.Hannover Başkonsolosluğu - Tescil başvurusu ve gerekli belgeler.
  3. 3.5718 sayılı Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun - m. 50-59.
  4. 4.4787 sayılı Aile Mahkemelerinin Kuruluş, Görev ve Yargılama Usullerine Dair Kanun - m. 2 ve 4.
  5. 5.HCCH - 1961 Lahey Apostil Sözleşmesi.

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Guides
01

Inheriting Assets in Türkiye While Living in Germany

An inheritance in Türkiye may include property, bank accounts or business interests, even when the family lives in Germany. Much of the administration can be handled through a representative in Türkiye. First establish the heirs and liabilities, then identify each institution’s requirements for releasing assets or updating records.

02

Using a Power of Attorney Issued in Germany in Türkiye: Consulate, German Notary, Apostille and Translation

A person living in Germany does not always need to travel to Türkiye to sell property there, handle inheritance matters, deal with a bank account or bring court proceedings. Many procedures can be handled through an appropriate power of attorney. Whether the document can be used in Türkiye depends not only on where it was executed, but also on the powers it contains and the formal requirements of the intended transaction. A consular power of attorney, a German notarial instrument, an apostille and a translation each serve a different function in that process.

03

Land Registry Transfer of Inherited Property in Türkiye for Heirs Living in Germany: Inheritance Certificate, Tax and Power of Attorney

As a general rule, heirs acquire the estate upon death. Tapu intikali, the land registry transfer of inherited title, records that acquisition in the Turkish land register; it does not create ownership afresh in the manner of a sale. Registration is nevertheless required before an heir can carry out dispositions such as a sale of the property. The transfer therefore does not replace a later partition of the estate or a sale. Turkish Civil Code, Articles 599 and 705.

07

Finding and Claiming Turkish Bank and Investment Accounts While Living in Germany

In a Turkish estate, the family may know that the deceased held a bank account, time deposit, participation account or investment portfolio in Türkiye. In other cases the heirs do not know which institution holds the assets. For an heir living in Germany, the first step is therefore not withdrawing the money but identifying the estate in an orderly way. The location of the assets, the form of inheritance evidence, Turkish inheritance tax and the rights of co-heirs all affect the process.