International divorce
German-Turkish Divorce
German-Turkish constellations are common – often combined with dual nationality and close ties to both countries. As Turkey is not an EU member, different rules can apply than in intra-European divorces: questions of law, court and recognition must be brought together carefully. We clarify your constellation and ensure a solution that is clean in both countries.
The Essentials at a Glance
- Many of those affected hold dual nationality – sometimes opening up choices.
- Which law applies depends above all on habitual residence.
- Turkey is not an EU member – EU automatic mechanisms don't apply.
- A Turkish divorce usually needs formal recognition in Germany.
- Property law and maintenance can differ from the German rules.
- Advice in English and German (Turkish on request).
Dual Nationality
Many of those affected hold both German and Turkish nationality. This affects which law and which court come into question – and can open up additional options. Precisely because several connecting factors coincide, it is worth assessing the situation early and exactly, rather than starting proceedings hastily in one country.
Scheideweg
Two countries, two forums – the early choice of the more favourable path shapes everything that follows.
Which Law, Which Court?
Which law applies is determined above all by habitual residence – if both live in Germany, German law is the obvious choice, though depending on the constellation Turkish law may also play a role. Jurisdiction, too, must be examined case by case; often both German and Turkish courts come into question. Which forum is more favourable depends on the consequences for maintenance, assets and procedure.
Property Law and Maintenance
Turkish property law (today regularly a participation in acquired property) and the German model of the community of accrued gains are similar in their basic idea but differ in details that become important in the individual case. There are also differences in maintenance. Which law applies therefore co-determines how assets are divided and maintenance is assessed.
Recognition in Both Countries
A Turkish divorce generally needs formal recognition in Germany before it takes effect here; conversely, the question arises of recognising a German divorce in Turkey. Both should be considered together so your marital status is consistent in both countries – this is particularly important for a later remarriage or in inheritance cases.
What to Watch For
Three points are particularly important in German-Turkish cases. First, the order: where several countries come into question, don't file hastily in one country before the more favourable option has been assessed. Second, recognition: think it through in both directions from the start, so your status is unambiguous in Germany and Turkey alike. And third, the assets: values in Turkey – such as a property – belong in the settlement and must be recorded, valued and, where necessary, enforced across the border.
An Example
A couple with German-Turkish dual nationality lives in Munich but also owns a property in Turkey. Here several options for law and court come into question, and the Turkish property must be included in the settlement. Whoever assesses the situation early can choose the more favourable constellation and consider recognition in both countries from the start.
How We Support You
We take in your nationalities, residences and asset situation, examine the eligible countries and compare the consequences. From this we derive a recommendation and clarify recognition in both directions. Where needed, we coordinate with lawyers in Turkey and carefully include foreign assets – discreetly and clearly, in English and German.
A frequent focus is property in Turkey: under German law worldwide assets count towards the gain, so Turkish values belong in the settlement; the difficulty usually lies in proof and enforcement across the border. We record the assets fully, use the right to information and work, where sensible, with appraisers and lawyers on the ground so that a claim becomes a realisable result.
Assets in Turkey
Property or accounts in Turkey are often a central point. If German law applies, worldwide assets are in principle part of the gain – so Turkish values too. We record them, value them and align proof and enforcement, so that nothing is overlooked and a result is actually achievable across the border.
Frequently Asked Questions
Can we choose where to divorce?
With dual nationality and ties to both countries, several options often arise. We check which is more favourable.
Is my Turkish divorce valid in Germany?
As a rule only after formal recognition. We prepare the application.
Which law is applied?
Above all by habitual residence; Turkish law may be relevant depending on the case.
What happens to assets in Turkey?
They are included in the settlement. We clarify valuation and enforcement across the border.
Is a religious separation recognised?
What counts is a state-effective divorce; a purely religious separation is generally not sufficient in Germany.
Can you work with lawyers in Turkey?
Yes. Where needed – for example regarding assets or recognition on the ground – we coordinate with colleagues in Turkey.
Do you advise in Turkish?
Advice is in German and English; Turkish is possible on request.
What if only one of us holds Turkish nationality?
Then the connecting factors shift. We check which options exist.
Can we divorce amicably?
Yes. Where possible, the amicable solution is the calmest and most cost-effective route.
How quickly should we act?
Where several countries come into question, it is worth checking early, before one side creates facts.
Your next step
Tell us about your situation
We listen, make sense of it and show you your options — confidential and on equal terms. Your enquiry is free and without obligation.