Power of Attorney for Divorce Proceedings in Türkiye: What Foreign Nationals Need

A spouse who lives abroad and cannot attend a Turkish divorce case in person can generally be represented by a lawyer acting under a power of attorney, provided the document specifically authorises representation in divorce proceedings and meets the particular formal requirements Turkish notaries and courts apply to this category of power of attorney, which are stricter than those for many other matters.

Divorce cases involving a foreign-based spouse are common, whether both spouses are foreign nationals whose marriage has a connection to Türkiye, or one spouse is a Turkish citizen living abroad. Turkish procedure generally allows a party to be represented in most stages of a divorce case by a lawyer holding a power of attorney, which can allow the case to proceed even if the client never physically attends court, subject to specific formal safeguards given the personal and sensitive nature of divorce proceedings.

The mandate provisions of the Code of Obligations, together with the divorce provisions of the Turkish Civil Code, govern the ability of a spouse to be represented by a lawyer under a power of attorney in a divorce case. Because divorce affects personal status and can involve sensitive issues such as custody and property division, Turkish notarial and court practice apply specific formal expectations to a divorce power of attorney beyond those used for ordinary commercial matters, including, in common practice, the inclusion of a recent passport-style photograph of the principal affixed to the notarial document.

Turkish notaries preparing a divorce power of attorney typically require the document to expressly state the authority to represent the spouse in the divorce case, including matters such as agreeing to specific divorce terms in an uncontested case, or contesting claims in a disputed one, since general litigation authority is not always treated as automatically extending to the specific step of concluding a divorce settlement. Courts examine the power of attorney's wording where a settlement or contested judgment is reached through a representative, to confirm the representative acted within the scope actually granted.

A frequently debated issue concerns the extent to which a representative can bind the principal to specific settlement terms, such as agreed alimony, compensation, or property division, in an uncontested divorce, since courts scrutinise whether the power of attorney's wording clearly extended to accepting those specific terms rather than only to appearing in the case generally. Another area of practical difficulty concerns custody-related matters within a divorce case, where representation by power of attorney is more limited in practice given the personal nature of custody decisions and the court's own independent assessment of the child's interests.

A spouse intending to be represented in a Turkish divorce case from abroad should identify whether the divorce is expected to be uncontested (with agreed terms) or contested, since this affects the specific wording the power of attorney needs, particularly regarding authority to agree to settlement terms. The document should be prepared with the assistance of the lawyer who will conduct the case, so that its wording matches the anticipated conduct of the proceedings.

There is no general fixed deadline for filing for divorce itself under Turkish law in most circumstances, but specific procedural deadlines apply once a case is filed, including deadlines to respond to claims or file appeals, and these deadlines run regardless of whether the party is represented by a power of attorney or attends in person. The power of attorney should therefore be arranged before or promptly after a case begins, so that these procedural deadlines are not missed while authentication is pending.

Divorce cases in Türkiye are heard by the family courts (or, in areas without a dedicated family court, the civil court of general jurisdiction acting in that capacity). The power of attorney itself is executed before a Turkish notary or consulate, or before a foreign notary followed by apostille or legalisation and translation.

• a power of attorney specifically authorising representation in the divorce case, prepared with a recent photograph as customary in Turkish notarial practice;
• apostille or consular legalisation and certified Turkish translation, if executed before a foreign notary;
• marriage certificate and, where relevant, prior Turkish civil registry records of the marriage;
• identity documents of both spouses;
• any documentation relevant to contested issues, such as property or financial records;
• case-specific court filings prepared by the representing lawyer.

A common mistake is preparing a general power of attorney without the specific wording Turkish notaries expect for divorce representation, resulting in delay or a request for a corrected document. Another mistake is assuming a representative can freely agree to any settlement terms on the client's behalf without the power of attorney clearly extending to those specific terms, which can create uncertainty about whether an agreed settlement is fully binding. Spouses sometimes also underestimate how differently custody-related issues are treated compared with purely financial divorce terms when it comes to representation.

Divorce cases conducted through a power of attorney generally work well when the document is drafted with the specific proceeding and its likely terms in mind, and less well when a generic template is used. We recommend that spouses intending to rely on representation from abroad coordinate closely with the lawyer who will conduct the case before finalising the power of attorney, particularly where a settlement, alimony or property terms are anticipated.