Under the Turkish Civil Code, cases which contain foreign elements, such as a foreign spouse, are regulated by the applicable law. Accordingly, courts or spouses cannot choose themselves which law will be applied. For divorce and separation, maintenance and custody ‘‘shall be governed by the common national law of the spouses. If the spouses have different nationalities, the law of the place of their common habitual residence, in case of absence of such residence, Turkish law shall govern’’. Being a foreign national does not make any difference before Turkish Courts which are able to reach out to foreign countries for all necessary information through letters rogatory.
Do the courts treat foreign nationals differently on divorce, if so, what are the rules on applicable law? Can the court make orders applying foreign law rather than the law of the jurisdiction?
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