Power Of Attorney For Divorce In Turkey

Can You File for Divorce in Turkey While Living Abroad?

Living abroad does not, by itself, prevent a person from filing or defending a divorce case in Turkey. A spouse may appoint a Turkish lawyer through a properly prepared power of attorney and authorise the lawyer to conduct the proceedings.

The lawyer may generally perform procedural acts such as:

• Preparing and filing the divorce petition or response
• Submitting evidence and witness information
• Following court notifications and procedural deadlines
• Attending hearings on behalf of the client
• Making applications for interim custody, maintenance or protective measures
• Filing an appeal where expressly authorised and legally available
• Following the finalisation and civil registration of the judgment

Nevertheless, the existence of a power of attorney does not by itself give Turkish courts jurisdiction. The spouses’ nationality, residence, last common residence, place of marriage and any divorce proceedings already pending in another country may affect whether a case can be heard in Turkey.

Jurisdiction and applicable law should therefore be examined separately, particularly in an international divorce in Turkey.

What Is a Divorce Power of Attorney in Turkey?

A power of attorney is a legal document through which a person authorises a lawyer to act on their behalf. In divorce proceedings, an ordinary or general power of attorney may not be sufficient.

Divorce concerns a right that is closely connected to the individual. Under Article 74 of the Turkish Code of Civil Procedure, a lawyer must be expressly authorised to initiate and follow proceedings concerning rights that are strictly personal. The document should therefore contain specific authority relating to divorce or separation proceedings.

The exact wording should be obtained from the Turkish lawyer who will handle the case. Preparing the document without first obtaining the required wording may result in missing authority, delays or the need to issue a new power of attorney.

Depending on the intended claims and procedural strategy, the lawyer may also need express authority for matters such as settlement, acceptance or waiver of claims, appeals and other acts for which Turkish procedural law requires specific authorisation.

Does a Divorce Power of Attorney Need a Photograph?

A power of attorney issued for divorce proceedings should contain the principal’s photograph. The requirement is recognised under the Notary Public Law Regulation, which lists powers of attorney for divorce cases among the documents requiring a photograph.

This requirement applies to the form of the power of attorney and should be considered whether the document is issued at a Turkish consulate or before a foreign notary. The photograph should be incorporated into the document in a manner accepted by the issuing authority.

The number, size and technical specifications of the photographs requested may vary between consulates and notaries. The relevant authority should therefore be contacted before the appointment. The Notary Public Law Regulation published by the Union of Turkish Notaries should also be considered when the document is prepared.

How Can a Power of Attorney Be Issued Outside Turkey?

The appropriate method depends on the person’s nationality, country of residence and access to Turkish consular services. Two principal routes are generally available.

Issuing the Power of Attorney at a Turkish Consulate

For Turkish citizens living abroad, issuing the power of attorney through a Turkish embassy or consulate is generally the most direct method. As the document is prepared by a Turkish authority, a separate apostille or Turkish translation is ordinarily unnecessary.

Before attending the appointment, the client should obtain the required wording and the lawyer’s professional information. The consulate may request:

• A valid Turkish identity card or passport
• The lawyer’s full name and professional details
• The wording or draft provided by the lawyer
• Recent passport-style photographs
• The applicable consular fee
• Additional information concerning the intended proceedings

The requirements and appointment system may differ between diplomatic missions. The relevant consulate’s current instructions should be checked before attendance.

The availability of consular notarial services for foreign nationals may be more limited and may vary between diplomatic missions. A foreign national should not assume that a Turkish consulate will issue the document without first obtaining confirmation.

Issuing the Power of Attorney Before a Foreign Notary

A person may also issue the power of attorney before a competent notary or other authorised official in the country where they reside.

For the document to be used in Turkey, additional formalities may be required. Depending on the issuing country and the applicable international agreements, these may include:

1. Obtaining an apostille;
2. Completing diplomatic or consular legalisation;
3. Translating the document into Turkish;
4. Obtaining the required certification of the Turkish translation; and
5. Sending the original or an officially acceptable copy to Turkey.

If the issuing country and Turkey are parties to the Hague Apostille Convention and the Convention applies between them, an apostille will generally replace diplomatic legalisation. However, an apostille verifies the origin and official capacity associated with the document; it does not confirm that the wording is sufficient for a Turkish divorce case.

The current status of the issuing country can be checked through the Hague Conference Apostille Convention status table. Bilateral agreements and country-specific practices may also affect the required procedure.

The power of attorney should not be signed before the Turkish lawyer has confirmed its wording, photograph requirement and certification process.

Is Personal Attendance Required in a Turkish Divorce Case?

The answer depends largely on the type of divorce.

Consequently, no lawyer should promise that a divorce case will be completed entirely without travel before reviewing the type of case and the court’s procedural requirements.

Can an Uncontested Divorce Be Completed Without Travelling to Turkey?

An uncontested divorce in Turkey is subject to the conditions set out in Article 166/3 of the Turkish Civil Code. Among other requirements, the marriage must have lasted for at least one year, the spouses must agree on the divorce and its legal consequences, and the judge must personally hear both spouses to determine whether their declarations reflect their free will.

For this reason, a lawyer cannot replace the spouses when the judge examines their consent. The lawyer may prepare the petition and divorce protocol, file the documents and manage the proceedings, but the power of attorney does not substitute for the spouses’ personal declarations before the judge.

Turkish procedural law contains mechanisms that may allow participation in certain hearings through simultaneous audio and video communication when authorised by the court. However, remote participation—particularly from another country—should not be treated as an automatic right or a guaranteed substitute for physical attendance in an uncontested divorce.

Whether such a method is legally and technically available must be determined by the court in the individual case. International clients should therefore be prepared for the possibility that both spouses may need to attend the hearing in Turkey.

Can a Contested Divorce Be Conducted Without Travelling?

In a contested divorce in Turkey, a lawyer holding a valid and sufficiently detailed power of attorney may generally conduct many stages of the case without the client being present in Turkey.

The lawyer may file or respond to the case, submit evidence, question witnesses through the available procedural mechanisms, make legal arguments and attend hearings. This can considerably reduce the need for the client to travel.

However, personal attendance cannot be ruled out completely. The court may consider it necessary to:

• Hear a party personally about disputed events
• Conduct the formal questioning of a party
• Examine allegations concerning custody or the welfare of a child
• Clarify the authenticity or context of evidence
• Evaluate a settlement or a change in the nature of the proceedings
• Complete another procedural act that cannot be performed by the lawyer alone

If the court orders personal participation, the available procedure will depend on the person’s location, the purpose of the hearing and the applicable rules concerning judicial assistance or remote communication. These matters must be evaluated on a case-by-case basis.

What Can a Lawyer Not Do Under a Power of Attorney?

A power of attorney allows legal representation, but it does not transfer every personal decision or factual declaration to the lawyer.

A lawyer cannot:

• Decide on behalf of the client whether the client genuinely wishes to divorce
• Replace the personal declaration required from spouses in an uncontested divorce
• Give evidence as though the lawyer personally experienced the events of the marriage
• Guarantee that the court will not request personal attendance
• Guarantee the duration or outcome of the proceedings
• Use authority that Turkish law requires to be expressly stated if it is absent from the document

The scope of authority should therefore be matched to the claims and procedures involved in the case.

Documents Commonly Needed to Prepare the Power of Attorney

The documents and information requested may vary, but clients are commonly asked to prepare:

• A valid passport or identity document
• The lawyer’s full name, bar registration details and office information
• The proposed wording supplied by the lawyer
• Recent passport-style photographs
• Contact and address information
• Apostille or legalisation, where applicable
• A Turkish translation and the required certification, where applicable
• The original document or another form accepted by the Turkish court

Foreign nationals should ensure that their name, surname, date of birth and passport information are written consistently throughout the power of attorney, marriage records and other case documents. Differences in spelling or transliteration may cause identification problems and procedural delays.

Common Mistakes When Issuing a Divorce Power of Attorney

Using a General Power of Attorney

A general power of attorney may not contain the express authority required for divorce proceedings.

Omitting the Photograph

A divorce power of attorney without the required photograph may not satisfy the applicable formal requirements.

Using an Incomplete Translation

A translation that omits powers, certification statements, notarial wording or identification information can create problems when the document is submitted.

Obtaining an Apostille Without Checking the Wording

An apostille does not correct an incomplete or legally insufficient power of attorney. The content must be reviewed separately.

Assuming That a Lawyer Can Replace Both Spouses

Each spouse has separate rights and interests. The same lawyer should not be assumed to represent both spouses, particularly where an actual or potential conflict of interest exists.

Booking Travel Before the Hearing Requirements Are Confirmed

The need for attendance depends on the type and circumstances of the proceedings. Clients should wait for case-specific advice and the court schedule before making travel arrangements.

Can a Foreign Divorce Decision Be Registered Through a Lawyer?

A person who has already obtained a divorce judgment abroad may not need to file a new divorce case in Turkey. Instead, administrative registration or judicial recognition may be required for the foreign decision to produce the intended effects in Turkish civil records.

A lawyer may generally handle a recognition or enforcement case through an appropriately drafted power of attorney. The required process depends on the country and authority that issued the decision, whether the decision is final, whether the other spouse cooperates and whether the judgment contains enforceable provisions concerning maintenance, custody, compensation or property.

Frequently Asked Questions

Can my lawyer divorce me in Turkey without my attendance?

A lawyer may conduct many procedural steps on your behalf, particularly in a contested divorce. However, a lawyer cannot replace the personal declarations that the judge must obtain from both spouses in an uncontested divorce. The court may also require personal attendance in a contested case where necessary.

Can I issue the power of attorney at a Turkish consulate?

Turkish citizens living abroad can generally issue the document through a Turkish consulate. The availability of this service for foreign nationals may vary, so confirmation should be obtained from the relevant diplomatic mission.

Does a foreign power of attorney always need an apostille?

Not in every case. The answer depends on the issuing country, applicable international conventions, bilateral agreements and the authority that issued the document. Where the Hague Apostille Convention applies, an apostille will generally be used instead of diplomatic legalisation.

Can I sign the power of attorney electronically?

An ordinary electronic signature or scanned document should not be assumed to satisfy the formal requirements of a divorce power of attorney. The document should be issued and certified through a legally recognised consular, notarial or other authorised procedure.

Can one lawyer represent both spouses in an uncontested divorce?

Separate interests may exist even when the spouses agree to divorce. Joint representation can create professional conflict-of-interest concerns. Each spouse should be able to obtain independent legal advice where appropriate.

Does issuing a power of attorney mean that Turkey has jurisdiction?

No. A power of attorney authorises a lawyer to act; it does not establish the international or territorial jurisdiction of the Turkish courts. Jurisdiction must be assessed separately.

Can remote participation replace attendance at an uncontested divorce hearing?

Remote participation should not be treated as a guaranteed alternative. It requires legal and technical assessment and, where available, authorisation by the court. The statutory requirement that the judge personally hear both spouses remains relevant.

Conclusion

A person living abroad may be able to initiate or defend a Turkish divorce case through a specially authorised lawyer without travelling to Turkey for every procedural stage. This is most commonly possible in contested proceedings, where petitions, evidence, hearings and appeals can often be managed through legal representation.

An uncontested divorce is different because Turkish law requires the judge to hear both spouses personally and verify their free consent. A power of attorney cannot, by itself, replace this requirement. Remote participation should also not be relied upon unless it has been evaluated and authorised in the particular case.

Before issuing the document, the client should obtain the exact wording from the lawyer, confirm the photograph requirement and determine whether an apostille, legalisation or Turkish translation is necessary. The jurisdiction of the Turkish courts and the possibility of personal attendance should also be reviewed before the case is filed.

Aslan & Duran Law Firm assists foreign nationals, Turkish citizens living abroad and international families with powers of attorney, divorce proceedings and cross-border family law matters. You may contact our English-speaking legal team to request an initial assessment of the procedure and documentation relevant to your circumstances.

Last reviewed: September 2026.