Recognition of foreign divorce and separation decisions in Turkey or registration by administrative way

The recognition case regarding the recognition of foreign divorce and separation decisions is subject to Article 54 of the MÖHUK without prejudice to multilateral and bilateral agreements that was signed by Turkish Republic. According to this article, all enforcement conditions, except for the reciprocity condition, which are required for enforcement, will also be sought in the recognition of the foreign divorce or separation decision. In addition, according to this article, for the recognition of the foreign divorce or separation decision, the decision made in the foreign state must be given by the judicial authorities. However, with the article 27/A introduced in the Population Services Law in 2017, it has been made possible to directly register foreign divorce decisions that are not given by the judicial authorities in order to have legal consequences in Turkey. In the brought regulation, a limited number of reasons were specified for direct registration of divorce, whereas separation decisions were not included due to not ending the marriage. In our thesis, the concepts of divorce and separation, the appearance of these concepts in international private law, the problem of qualification, the rules of conflict of laws, their features in the international jurisdiction and as a result how the recognition of foreign divorce and separation decisions in Turkey can be realized and the legal nature of the innovation brought to the Population Services Law will be emphasized and a comprehensive study will be tried to be obtained that will submit for the use of practitioners.