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As a Turkish citizen living in Canada, you may encounter legal decisions made by Canadian courts—such as divorce, custody, or financial rulings—that need to be recognized in Turkey for full legal effect. However, foreign judgments are not automatically enforceable in Turkey. This is where the process of 'recognition and enforcement' (tanıma ve tenfiz) becomes crucial.
Recognition allows a foreign court decision to be acknowledged by the Turkish legal system, validating its existence and legal outcome. Enforcement, on the other hand, enables execution—such as child support payments or property division—in Turkey. Both are required if you want the foreign ruling to have legal consequences within the Turkish jurisdiction.
One of the most common cases involves Turkish citizens who obtained a divorce in Canada. Unless the decision is recognized by a Turkish court, you are still considered legally married in Turkey. This can affect remarriage, inheritance, and even property transfers. Child custody and alimony rulings must also be enforced to ensure compliance in Turkey.
The Turkish court will review the foreign judgment based on several criteria: the foreign decision must not contradict Turkish public order, the opposing party must have been duly notified and allowed to defend themselves, and the decision must be finalized in the original country. Translation and notarization of all documents are required. The process typically involves filing a lawsuit in a Turkish civil court.
We guide our clients through every step of the recognition and enforcement process in Turkey. From collecting and translating documents to representing you in Turkish courts, our team ensures the procedure is handled efficiently and in accordance with local laws. If you're based in Canada, you can issue a Power of Attorney remotely and have our lawyers take care of the entire process on your behalf.
Not registering your Canadian court decision in Turkey can lead to complex legal complications, especially if you plan to remarry, sell jointly owned property, or travel with a child under custody terms. Taking timely action with the support of a legal team like Yüksel & Yüksel avoids these issues and ensures your rights are protected across borders.