Divorce, custody, and recognition in Türkiye

This page is for Turkish citizens who are divorced or considering divorce in Ukraine. It explains divorce in Ukraine through administrative and court proceedings, administrative registration of the decision in the Turkish civil registry, recognition and enforcement in Türkiye of custody and maintenance provisions, and the Hague Conventions against the unauthorized removal of a child. The rules are complex; in contested cases, be sure to consult a lawyer.

• Divorce at the civil registry office (ДРАЦС): only spouses who have no children and agree to divorce may apply jointly (Article 106 of the Ukrainian Family Code).
  • If the application is not withdrawn, the divorce is registered one month later.
  • Fee: half of the tax-free minimum income, namely 8.50 hryvnias.
  • If one spouse cannot attend for a valid reason, the other spouse may submit that spouse's notarized application.
  • Required documents: passport, a document showing that you are legally present in Ukraine, marriage certificate if available, and fee receipt. Documents issued by foreign authorities must be legalized (apostilled) and accompanied by a certified Ukrainian translation.
• Divorce in court: if there are children or one of the spouses opposes the divorce, the divorce is heard in court. The marriage ends on the day the court decision becomes final. The court decision is sent to the civil registry office.
• During martial law, civil registry procedures may be carried out at any civil registry office at the applicant's request.

• In Ukraine's state legal aid system, primary legal advice is available to everyone under Ukraine's jurisdiction: legal information, consultation, and assistance in drafting applications and complaints (except court documents).
• Representation in court and preparation of litigation documents are provided only to the categories specified by law.
• The services are funded from the state budget and are free of charge.
• Free hotline: 0 800 213 103 (within Ukraine).
• The Embassy of the Republic of Türkiye in Kyiv has a legal adviser. You can obtain information by appointment about cases you intend to file or have filed in Ukraine. Bring your Turkish identity card or passport, Ukrainian residence or work permit, and relevant documents.

• Decisions of foreign judicial or administrative authorities concerning divorce, nullity of marriage, annulment, or determination of whether a marriage exists may be registered in the civil registry without filing a lawsuit (Article 27/A of Law No. 5490).
• Conditions:
  • the decision must have been issued by an authorized authority under the laws of the state where it was issued
  • the decision must have become procedurally final
  • it must not be manifestly contrary to Turkish public order
• Place of application: the Turkish mission in the country where the decision was issued (the Embassy in Kyiv or the Consulate General in Odesa); in Türkiye, civil registry offices designated by the Ministry.
• The parties may apply jointly or separately. The period between separate applications may not exceed 90 days, and the second application may not be made at a different location.
• If the other party is a foreign national or has died, the Turkish citizen may apply alone.
• The application is made in person by appointment or through a representative. The fee schedule of the Embassy in Kyiv does not show a charge for this procedure.
• Required documents:
  • application form (provided at the mission)
  • the original of the certified decision and its Turkish translation certified by a notary, a Turkish mission, or by apostille
  • if the decision does not contain a finality endorsement, a certified document showing that it is final and its translation
  • the original and photocopy of the identity card or passport
  • for an application through a representative, a notarized special power of attorney with a photograph
  • any Turkish court decision related to this decision
• If your Ukrainian identity was used in the decision and your civil registry record does not contain a multiple-citizenship annotation, the application will be rejected (see U5.3).
• If you have children whose births have not been registered, their registration is completed first.
• If administrative registration is rejected, recognition of the decision must be sought in court under the Turkish Act on Private International Law and International Civil Procedure (MÖHUK).
• Apostilles for Ukrainian court decisions and civil registry documents are issued by the Ministry of Justice of Ukraine. The standard period is 2 business days; if an additional check is required, it may take up to 20 business days.

• Administrative registration covers only decisions concerning divorce, nullity, annulment, and the existence of a marriage listed in the law.
• For a foreign court decision (for example, provisions on custody and maintenance) to be enforced in Türkiye, a Turkish court must issue a declaration of enforceability (MÖHUK Article 50).
• A recognition decision is required for the decision to be regarded in Türkiye as a final judgment or conclusive evidence (Article 58). Reciprocity is not required for recognition.
• The court with subject-matter jurisdiction is the civil court of first instance. Territorial jurisdiction lies with the other party's place of residence in Türkiye; if none, the place where they reside; if there is neither, Ankara, Istanbul, or Izmir (Article 51).
• Attachments to the petition (Article 53):
  • the original of the decision authenticated by the authorities of that country, or a copy authenticated by the court that issued the decision, together with its certified translation
  • a certified document and translation showing that the decision is final
• Conditions for enforcement (Article 54): reciprocity between the two countries, a subject that does not fall within the exclusive jurisdiction of Turkish courts, no manifest violation of public order, and proper service on the opposing party.
• In Ukraine, the parent with whom a child will live may be determined by a court decision or by a decision of the guardianship and trusteeship authority (орган опіки та піклування). Ukrainian border rules also refer to these decisions.

• The 1980 Hague Child Abduction Convention has been in force between Türkiye and Ukraine since 1 April 2008. Türkiye accepted Ukraine's accession on 3 January 2008.
• The Convention provides for the prompt return of a child unlawfully removed or retained to the country where the child was habitually resident. Applications are made to each country's central authority.
• The 1996 Hague Convention on the Protection of Children (recognition of custody and access decisions) has been in force for Türkiye since 1 February 2017 and for Ukraine since 1 February 2008.
• Central authorities (HCCH register):
  • Türkiye: Ministry of Justice, Directorate General for Foreign Relations and European Union Affairs · Address: Ministry of Justice Annex Building, Namık Kemal Mah., Milli Müdafaa Cad. No: 22, Kızılay–Çankaya, Ankara · Telephone: +90 312 414 80 51, +90 312 414 80 52
  • Ukraine: Ministry of Justice, Department of International Legal Assistance · Address: Horodetskoho Sok. 13, 01001 Kyiv · Telephone: +380 44 279 56 74
• Ukrainian border rule: when a Ukrainian citizen child under 16 leaves with one parent, the other parent's notarized consent is required. If the other parent is a foreign national and is recorded on the birth certificate, consent is not required when that parent is not present at the border crossing.
• The Turkish parent may have the consent for the child's travel prepared as a notarial transaction at a Turkish mission.

• Civil registry office (ДРАЦС) or ЦНАП — uncontested divorce without children
• Ukrainian courts — divorce involving children or contested divorce; free legal advice hotline 0 800 213 103
• Embassy of the Republic of Türkiye in Kyiv — registration of divorce decisions, legal adviser, notarial services
  • Address: Panasa Myrnoho Sok. No: 22, 01011 Kyiv
  • Telephone: +380 44 281 07 50 (consular services on weekdays 14:30–17:30) · Emergency: +380 63 211 47 65
  • Email: embassy.kiev@mfa.gov.tr
• Consulate General of the Republic of Türkiye in Odesa
  • Address: Leontovycha Sok. 5, 65014 Odesa
  • Telephone: +380 48 722 79 11, +380 48 722 79 39, +380 48 720 72 00 · Emergency: +380 93 711 00 24, +380 93 711 00 26
• In Türkiye: civil courts of first instance for recognition and enforcement; for Hague applications, the Ministry of Justice Directorate General for Foreign Relations and European Union Affairs (diabgm.adalet.gov.tr)
• Turkish Ministry of Foreign Affairs Consular Call Center (24/7): +90 312 292 29 29

• Failing to register the decision in the Turkish civil registry after divorcing in Ukraine. You will continue to appear married in Türkiye.
• Applying for registration with a decision that lacks a finality endorsement.
• Submitting an uncertified translation of the Ukrainian decision or failing to obtain an apostille.
• Failing to register multiple citizenship in advance for a decision issued using a Ukrainian identity.
• Exceeding the 90-day period for separate applications or making the second application at a different mission.
• Assuming that custody and maintenance provisions can be enforced in Türkiye through administrative registration.
• Failing to consider that taking a child out of the country without the other parent's consent may trigger return proceedings under the Hague Convention.

• Can we divorce at a civil registry office if we have a child in Ukraine? No. Only spouses who have no children and agree to the divorce may divorce at a civil registry office.
• Do I need to file a lawsuit to register a divorce in Ukraine in Türkiye? As a rule, no. A final decision may be registered administratively through a Turkish mission.
• My spouse is a foreign national and will not come. Can I apply alone? Yes. If the other party is a foreign national, the Turkish citizen may apply alone.
• Will a custody decision be valid in Türkiye? A recognition decision is required for it to have the effect of a final judgment, and an enforcement decision is required for it to be enforced. An application must be made to a civil court of first instance in Türkiye.
• I am divorced; can I remarry immediately in Türkiye? There is a 300-day waiting period for women. A court order lifting this period may be obtained (see U5.1).
• Can I find a free lawyer in Ukraine? Advice is free for everyone. Representation in court is available only to the categories specified by law. Hotline: 0 800 213 103.

• Diia – Registration of divorce (No. 00032)
• Diia – Apostille of the Ministry of Justice (No. 01500)
• Embassy of the Republic of Türkiye in Kyiv – Consular services (divorce registration, legal adviser)
• Consular appointment system
• Law No. 5490 on Civil Services
• Law No. 5718, MÖHUK
• HCCH – Status table of parties to the 1980 Child Abduction Convention
• Ukrainian Free Legal Aid System
• Ministry of Justice Directorate General for Foreign Relations and EU Affairs