Many Turkish citizens living in Germany believe that once a court decision is finalized there, it automatically applies in Turkey as well. Unfortunately, this is one of the most common and costly misunderstandings in cross-border legal matters.

German court decisions—especially divorce, custody, alimony, and inheritance-related rulings—do not automatically have legal effect in Turkey. To be legally valid, these decisions must go through a separate legal procedure known as recognition and enforcement (tanıma ve tenfiz).

This guide explains what recognition and enforcement mean, when they are required, and how the process works for expats.

What Is Recognition and Enforcement?

Recognition (tanıma) is the legal acknowledgment of a foreign court decision by Turkish courts. Enforcement (tenfiz) goes one step further and allows the decision to be executed in Turkey, such as collecting alimony or enforcing custody rights.

Not all decisions require enforcement. For example:

• Divorce decisions usually require recognition

• Alimony or compensation rulings generally require enforcement

Why Is This Procedure Necessary?

Under Turkish law, foreign court decisions cannot directly change civil status records or create enforceable rights unless recognized by a Turkish court. This applies even if both parties are Turkish citizens and the case was handled properly abroad.

Without recognition:

• You may still appear as married in Turkish records

• You cannot remarry legally in Turkey

• Inheritance rights may be affected

Common Situations Requiring Recognition and Enforcement

• Divorce judgments issued by German courts

• Child custody and visitation rulings

• Alimony and child support orders

• Property or compensation decisions

These issues often surface years later, usually when a new legal problem arises.

Legal Requirements for Recognition

For a German court decision to be recognized in Turkey, several conditions must be met:

• The decision must be final

• The issuing court must have proper jurisdiction

• The decision must not violate Turkish public order

• The right to defense must have been respected

If any of these conditions are missing, the application may be rejected.

Required Documents

The process typically requires:

• Certified copy of the German court decision

• Proof that the decision is final

• Official Turkish translation

• Apostille certification

Missing or incorrect documents are a major cause of delays.

Can the Process Be Handled from Germany?

Yes. Most recognition and enforcement cases can be managed through a power of attorney issued at a Turkish consulate in Germany. Personal presence in Turkey is usually not required.

Common Mistakes Made by Expats

• Assuming automatic validity

• Delaying the process until a problem arises

• Losing original court documents

• Attempting to handle the process without legal support

These mistakes often result in extended litigation and additional costs.

Conclusion

Recognition and enforcement are essential steps to ensure that German court decisions are legally effective in Turkey. Handling the process early and correctly prevents serious legal complications in the future.

Professional legal guidance helps ensure that your rights are fully protected on both sides of the border.