UZT CONSULTANCY
Expert Legal Advice

A court decision made outside Turkey does not automatically take effect in Turkey. Depending on the nature of the decision and the purpose for which it is needed, it may require recognition, enforcement, or, in appropriate cases, an administrative procedure before the Turkish civil-registration authorities.

UZT Consultancy assists individuals, families and businesses in assessing the effect of foreign court decisions in Turkey and managing the necessary application process. In relation to decisions issued in England and Wales, elsewhere in the United Kingdom, Europe and other jurisdictions, we can assist with document preparation, translations, powers of attorney and coordination of the Turkish procedure.

Recognition enables a foreign court decision to have the effect of a final judgment or conclusive evidence in Turkey. For example, a foreign divorce decision may require recognition or, where applicable, an administrative civil-registration process before it is legally reflected in Turkey.

Enforcement makes a foreign court decision enforceable in Turkey. Where a decision requires a payment to be made, or contains an order concerning compensation, maintenance, custody, delivery or another obligation to be performed in Turkey, an application for enforcement may be necessary, depending on the terms of the decision.

The correct route will depend on the type of decision, the country in which it was issued, whether it is final and binding, and the result sought in Turkey. At the outset, we assess whether recognition, enforcement, an administrative registration process, or a combination of these steps is required.

An application may be required for a wide range of foreign civil-court decisions to take effect in Turkey, including:
- Divorce, annulment and judicial-separation decisions
- Child-custody, contact and other child-related decisions
- Maintenance, compensation and monetary-judgment decisions
- Inheritance, estate and family-property decisions
- Commercial disputes and judgments concerning debts or contractual claims
- Decisions concerning companies or shareholder disputes
- Decisions concerning real estate, ownership or other property rights
The intended use of the decision in Turkey is important. Some decisions may be needed to update civil-status records, while others may be required to commence enforcement proceedings, protect an asset or rely on the decision in a further legal process.

The process begins with a review of the foreign judgment and the supporting documents. We consider whether the decision is final and binding, whether it has been issued in the required form, whether an apostille or other authentication is needed, and how the Turkish translations should be prepared.

The documents commonly required include:
- The original or a certified copy of the foreign court decision
- Evidence that the decision is final and binding
- Any required apostille or consular authentication
- Properly prepared Turkish translations
- A power of attorney and relevant identity or civil-status documents
- Any additional documents required by the nature of the case

Once the required documents are in place, an application for recognition and/or enforcement is made before the competent court in Turkey. The court examines the application in accordance with the applicable legal requirements. Once the decision becomes final, the appropriate next steps can be taken for its use in Turkey or, where relevant, for enforcement.

Being outside Turkey does not prevent the process from being started. With a properly prepared power of attorney, many steps can be handled through a representative in Turkey. We provide guidance on powers of attorney prepared through a Turkish consulate or local notary, apostille formalities, obtaining foreign court documents and arranging translations.

If you wish to rely on, enforce or update civil-status records in Turkey on the basis of a foreign court decision, please contact us to discuss your circumstances. We can provide clear and practical guidance on the application route appropriate to your decision and objectives.