Recognition and Approval Demands | Turkish Divorce Family Lawyer

Turkish Divorce Family Lawyer | What is the process of recognition and approval of foreign verdicts? 

Every country has an authority to make and uphold laws within its borders. This also means, when a disagreement happens, the local authorized court in charge is obliged to solve the disagreements that happen in that country. In this sense, it could be understood that the verdict given by the local court is only to be applied in the country that the verdict is given. So, in a special law case, can a verdict that is given by the state X be applied in the state Y? The response depends on state Y’s national law. If a verdict that is given by the court in X will be applied in Y country , the state Y must assess the verdict and APPROVE that it can be applied in that country either.

We call this the process of RECOGNITION and APPROVAL of foreign Verdicts in Turkish law. Recognition means, approval of the foreign verdict by a Turkish authorized court in charge; and approval means the execution of the foreign verdict in Turkey.

Recognition and Approval in Divorce Cases

Generally, in the process we often see in recognition and approval in divorce cases, everyone concerned can appeal to the Turkish court to have the verdict given in the foreign court applied in Turkey.

Because the recognition and approval case won’t be a case with dissension, in the teaching it is named as a “demand” instead of “case”.

Because the verdict rendered (by the Turkish court), is nothing more than an approval of a verdict rendered in a foreign state to be enforced in Turkey. As a matter of fact, the case demanded to be applied in Turkey will not be assessed by the Turkish court either. This is called revision ban.

In the process we encounter in practice, the suitor,  to apply for recognition and approval to have the divorce verdict applied and to have the necessary changes made in registers of persons in Turkey, must be in a valid marriage relationship according to Turkish and must be a citizen of Turkey (They can be both citizens). To do so, he/she must apply for a court that takes cases without dissension.

So as a rule, he/she must apply to a CIVIL COURT OF PEACE. In some cases, these demands are accepted by courts of first instance as well. This demand is not subject to foreclosure. Also, since one of the partners can demand recognition and approval alone, the other partner must be informed about the process. In the precepts made according to the procedure, the other partner will be included in the process. Divorce in Turkey, Separation Under Turkish Law.

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The most importance title of the family law consists of divorce actions.

Information and consultancy before and after a divorce action is important.

When a divorce action is filed; status of children, child support and care, division of properties and compensations are the most important issues to be solved within an action.

In case of a divorce action; protection order for woman and removal of a spouse from marital home, most importantly, the custody of children, personal relationship and time of parents with children, division of properties acquired during the marriage, fault of spouse in issues resulting into divorce, pecuniary and non-pecuniary damages to be claimed, non-working spouse, alimony and child support, ownership of family residence, division of properties in family residence, payment of marriage gifts in form of jewelery.

All the above-specified issues and problems in addition to others should be solved.

Knowledge and experience in solution and settlement of problems and disputes in family law subjects is important. Professional consultancy should be sought for these problems.

Knowledge and experience is important in solution of the family law problems. Legal advice and suggestions would help you solve your problems.

The Ilkay Law Office achieves results in problems that cannot be solved through reconciliation with solution-oriented approach, experience and efficient action follow-up.  Clients are at all times kept informed during the consultancy and legal services. We extensively work in main problems and issues in the Family Law such as;

• Child support and alimony
• Prenuptial agreement
• Custody actions
• Division of properties

IF THE PROPERTIES IN TURKEY HAVE BEEN ACQUIRED DURING THE MARRIAGE UNION,

We identify those properties and get court order to prevent their sales.

YOU ARE DIVORCED NOW ABROAD, BUT STILL MARRIED IN TURKEY

Recognition and Enforcement | Divorce Cases in Turkey

WE CAN FIND SOLUTIONS IN TURKEY TO MATERIAL ISSUES SUCH AS PECUNIARY AND NON-PECUNIARY DAMAGES, AND ALIMONY IN DIVORCE JUDGMENTS RENDERED BY GERMAN COURTS THROUGH RECOGNITION AND ENFORCEMENT PROCEDURES.

You can solve this problem by filing an action for recognition and enforcement in Turkey.

We offer legal and consultancy services for legal problems and issues to Turkish citizens living Abroad.

Ask for assistance in solution of your problems in Turkey.

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