If you have obtained a final judgment from a foreign court—whether it’s a divorce decree, commercial ruling, or compensation award—and need to enforce it in Turkey, you must file a recognition (tanıma) or execution (tenfiz) lawsuit. Turkish law does not automatically recognize foreign court decisions. At ER&GUN&ER, our English Speaking Turkish Lawyers provide full legal representation for foreign individuals and companies seeking to validate and enforce international judgments within Turkish courts.
Legal Basis: Turkish Private International and Procedural Law No. 5718
The recognition and enforcement of foreign judgments in Turkey are governed by Law No. 5718 (MÖHUK). Under this law, foreign court decisions can be legally enforced in Turkey if certain conditions are met—including finality, due process, reciprocity, and consistency with public order.
Recognition (Tanıma) vs. Execution (Tenfiz)
- Recognition (Tanıma): Confirms that a foreign judgment is valid in Turkey. Used for status-related decisions such as divorce, custody, or paternity.
- Execution (Tenfiz): Permits enforcement of a monetary or actionable ruling. Used for damages, alimony, debt payment, or property return orders.
Conditions for Recognition and Enforcement
- Judgment must be final and enforceable in the country of origin
- Defendant must have been duly summoned and represented
- Judgment must not violate Turkish public order
- Reciprocity must exist between Turkey and the issuing country
- No prior conflicting Turkish court decision on the same matter
Which Courts Handle Recognition and Tenfiz in Turkey?
- Family Court: For divorce, child custody, alimony, and marriage-related rulings
- Civil Court of First Instance: For all other judgments (e.g. commercial, tort, debt)
Required Documents for Recognition or Enforcement
- Original or certified copy of the foreign court judgment
- Certificate showing the judgment is final and enforceable (apostilled)
- Complete case file (pleadings, summons, notices, evidence)
- Notarized Turkish translation of all documents
- Passport and Power of Attorney if applying via lawyer
Step-by-Step Recognition and Enforcement Process
- Legal eligibility review by our law firm
- Translation and notarization of the judgment and documents
- Filing the recognition/tenfiz lawsuit with competent court
- Court notification to the opposing party in Turkey (if any)
- Court hearings and possible expert opinion (especially for financial awards)
- Final decision granting recognition or execution
- Enforcement through execution office (if applicable)
How Long Does the Process Take?
Simple uncontested recognition cases (e.g. foreign divorce): 3–6 months. Contested tenfiz claims or high-value commercial awards: 6–12 months. Appeals (istinaf) can extend the timeline by another 4–8 months.
Can the Process Be Handled with a Lawyer Only?
Yes. Foreign claimants can appoint a Turkish Law Firm through a notarized Power of Attorney. We handle the full process, including document collection, court filings, hearings, and enforcement without requiring your presence in Turkey.
Real Cases We Handled
- 🇬🇧 UK divorce judgment recognized for alimony enforcement—tenfiz granted in 4.5 months
- 🇺🇸 U.S. federal court ruling for $290,000 damages enforced in Istanbul—assets seized and collected
- 🇨🇭 Swiss family court order on custody executed in Antalya—Turkish judgment matched original ruling
- 🇩🇪 German trade court decision on unpaid invoices—recognition and execution completed in 8 months
Why Work with ER&GUN&ER?
- Fluent in international court procedure and cross-border compliance
- Decades of experience in recognition/tenfiz lawsuits
- We coordinate translations, apostilles, and notifications
- We provide weekly updates and bilingual court filings
- We represent individuals and corporate clients in 30+ countries
Frequently Asked Questions (FAQs)
- Do Turkish courts automatically enforce foreign decisions? No. You must file a court case to obtain recognition or execution.
- Do I need to be in Turkey? No. We represent clients entirely through POA.
- Can I enforce a foreign divorce? Yes. Both recognition (for marital status) and execution (for financial terms) are possible.
- Are judgments from all countries accepted? Only from countries with reciprocity agreements or treaty-based enforcement.
- Can the other party object? Yes. They may object on procedural or substantive grounds, but we respond in full to protect your interests.
- What if the judgment is in a language other than Turkish? All documents must be translated into Turkish and notarized.
- Can I enforce an arbitration award instead of a court judgment? Yes. Turkey is a signatory to the New York Convention—arbitral awards are enforceable with slightly different procedures.
- What’s the success rate of tenfiz lawsuits? Very high—if documents are complete and the judgment doesn’t violate Turkish public order.
- Can I enforce a decision from a religious court? No. Only civil court judgments are eligible for recognition/enforcement.
- Can I file an objection against a foreign judgment in Turkey? Only if specific Turkish legal conditions are not met—otherwise, appeals must be pursued in the issuing country.
Conclusion: From Judgment to Justice
Winning a court case abroad is only the first step. Enforcing that decision in Turkey requires strategic planning, legal expertise, and full procedural compliance. At ER&GUN&ER, our English Speaking Turkish Lawyers guide you through every stage—from document preparation to final execution. Whether you’re enforcing a divorce, a debt claim, or a commercial ruling, trust the Best Lawyer in Turkey to secure your rights through recognition and enforcement in Turkish courts.