For Turkish citizens living in Germany, a divorce almost always touches both legal systems. The first question: in which country should the case be filed? If the spouses' habitual residence is in Germany, German family courts generally have jurisdiction — yet there are situations where proceedings in Turkey are more advantageous in terms of process economy and outcomes.
The second question is the applicable law. Under the EU's Rome III Regulation, spouses may — within limits — choose the law governing their divorce; absent a choice, the law of the habitual residence usually applies. Maintenance, custody and the matrimonial property regime follow separate conflict rules — several legal systems can apply within a single file.
The most commonly neglected step is recognition: for a German divorce decree to take effect in Turkey, registration with the civil registry or a recognition-and-enforcement action is required. Skip it, and the parties remain "married" in Turkish records — with serious consequences for remarriage, inheritance and property division.
Every file is unique: where to sue should be decided strategically, weighing duration, cost, maintenance and custody expectations — ideally after a first assessment by counsel who read both legal systems together.
The content of this website is for general information only and does not constitute legal advice.
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