Private international law · Legal information

Is the Civil-Registry Entry of a Marriage to a Foreigner Recognition?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

When one of the spouses is a foreigner, the line entered in the family register in Turkey is an administrative civil-registry record. That line is not the recognition in court of a foreign marriage ceremony. The question whether it is recognition therefore starts with no. Entering a marriage to a foreigner on the register does not produce the effect of a judgment. There is no time limit in this text.

The record is the writing onto the register of the act before the officer. The foreign spouse being present does not by itself turn the act into a recognition action. Which paper is requested is read from the list in that file. Without a list, a tariff of documents country by country is not written.

A register line is not a court decision

A marriage formed before a Turkish marriage officer is an act of a Turkish authority. Writing it on the register is not an action brought for recognition of a foreign judgment. The signature before the officer is not put in place of a court judgment. The marriage appearing on the register does not mean that every foreign document produces effect in Turkey.

A recognition action is a petition given to the court so that a foreign legal act produces effect in Turkey. A folder left at the registry counter does not take the place of that petition. A refusal at the counter is not the court's refusal. The two results are not written in the same envelope. The decision separates which authority refused which paper. A sentence built without that separation is not read so that the two doors pass into each other by themselves.

The document list is that file's list

The list the office, or the registry, wrote for that application is the list of the documents requested. Identity and capacity to marry are headings that are often seen. The chain of certification changes according to where the document came from. This text does not write a country list or a number of days. A paper on the list being missing does not mean that the marriage is void in court. The gap means that that application was not completed.

The validity of a ceremony formed in a foreign country is in the article on marriage abroad. The distinction between recognition and exequatur is in the article on recognition and exequatur. The chain of certification is under apostille, and service going abroad is under international service. A stamp on the register does not close those actions.

How the record is separated

The register line, and any court petition, are read separately. A time limit is not written in this text. The address of the office in Çankaya does not change the civil-registry directorate, or the competent court.

If the decision has folded the gap at the counter and the refusal in court into the same sentence, it separates that sentence. If the petition names the register entry as a judgment, the capacity is mixed. If service lists the further document the registry asked for, that letter is kept. Service does not by itself start the time limit of a recognition action. If the minute shows the signature before the officer, that minute is the record of the administrative act. The minute is not a foreign court judgment.

A missing paper and a foreign ceremony

A missing document can be the turning back of the application. Turning it back is not a judgment that the marriage was never formed. The judgment is looked for only in the decision of the authority that asked that question. The registry can ask for further identity. The request does not rewrite the conditions of recognition of the court. The condition is read from the act on which the petition in hand rests.

If a foreign ceremony is discussed separately in Turkey, that discussion is not an annex to this line. If a contract speaks of the matrimonial property regime between the spouses, the regime is not produced from the register line. An invoice can show the cost of translation. An invoice does not show that the document was certified. Certification is read from the record on the document itself. If there is no record, one does not say there is certification.

The counter file and the court file

The folder given at the counter is an application file. The petition given to the court is a court file. Preparing the two on the same day does not make them one act. A record thought to be one act is separated by looking at which authority's signature it carries. If there is no signature, the authority is not chosen either. One does not say that time is running for an authority that was not chosen.

If the spouse's foreign identity stands in the marriage papers, that identity can be part of the register line. The same identity is not the only evidence of a recognition action. The evidence is the document of the foreign act. Without the document, an action is not treated as having been brought. An action that is not counted is not added by itself to the margin of the registry's refusal letter. An addition stands only in a separate petition.

Conclusion

A civil-registry entry with a foreign spouse is an administrative line written in the family register. That line is not a recognition action. The register line is not treated as a recognition judgment. There is no time limit in this text. The frame is on the international law page.

The basis is the Law No. 5718 on Private International Law and Procedure.

Legislation

Frequently asked questions

Is the entry at the civil registry a recognition action?

It is not. The line written in the register is an administrative record. Recognition in court of a foreign legal act is a separate court file. Papers left at the counter do not become the petition in that action.

Which documents are requested for a foreign spouse?

The list is the list the registry, or the marriage office, wrote for that application. Identity and capacity to marry are headings that are often seen. A schedule of certification by country, and a time limit, are not in this text.

Is a ceremony abroad the subject of this record?

No. The validity in Turkey of a ceremony performed in a foreign country is a separate article. This text separates the register line, when one of the spouses is a foreigner, from the recognition file.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Private international law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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