Recognition and enforcement of foreign divorce decisions

Divorce is one of the reasons ending the marital relationship. In our country, divorce is possible to be realized with the verdict taken through applying to a court. When considering the comparative law, it is noticed that the opportunity of divorcing without a court decision has been allowed to the parties in many countries. In this sense, the relationship between divorce and marriage can be terminated without the need for a judicial authority, administrative authority, judicial or administrative authority decision. As known, various legal consequences are possible for the parties to divorce and end the marriage relationship. Adoption of the legal consequences of divorces in foreign countries with different methods is one of the important issues of private international law. Divorce and acceptance of the legal consequences arising from the divorce have affected the legal positions of the parties. Especially the issues such as remarriage, title of heirship, liquidation of property regime, paternity, carrying out procedures related to the right of custody, benefiting from various social rights such as travel, residence and employment require the acceptance of legal consequences related to divorce in other countries. In this way, possible loss of rights of the parties can be prevented ensuring stability in legal relations. In our country, legal consequences of foreign divorce decisions are possible through recognition or enforcement. It should firstly be noted that the recognition or enforcement of foreign divorce decisions is possible within the framework of some international agreements that we are a party to. The basic regulations related to recognition and enforcement in our domestic law have been included in the Law on Private International Law and Procedural Law. Within the framework of Article 27/A of the Civil Registry Services Act and the Directive on the Registry of Blue Card Holders and Recording of Declared Population Events, foreign divorce decisions can be recognized being registered in the population register without the need to file a lawsuit. In our study, it was aimed to determine and interpret the legal problems appeared in the recognition and enforcement of foreign divorce decisions within the framework of international agreements we are a party to, the Law on Private International Law and Procedural Law, the Civil Registry Services Act article 27/A and the Directive on the Registry of Blue Card Holders, and the Recording of Declared Population Events.