Private international law · Legal information

How Is a Foreign Maintenance Order Enforced in Turkey?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

When a foreign maintenance order is to be enforced in Turkey in favour of the person to whom maintenance was awarded, it is read from the maintenance clause. The clause shows from whom, to whom, and for which period it was awarded. The question of how the order is enforced in Turkey proceeds from that sentence. Recognition of the divorce does not by itself collect the maintenance item. The sum is in the order. The exchange rate and the costs are not frozen here.

Enforcement looks at the maintenance clause

Enforcement is tied to the maintenance sentence of the judgment. A custody clause is not an enforcement order for maintenance. An item awarded in favour of a spouse and an item awarded in favour of a child are not written as the same debt. Each is requested from its own sentence. In the enforcement request, a copy of the order, any record of finality, and a translation of the maintenance clause stand together. The translation is not used to complete a sum that is not written in the clause.

Which item is requested is marked from the text of the order. Saying "the whole of the maintenance" when nothing is marked is a shortcut taken without reading the clause. If the period appears in the order as a start and an end, that interval is written. If it does not appear, the period is not invented. If accrued months and continuing months are separate in the order, they stand as separate items. Folding them into one item when there is no distinction changes the text of the clause. If there is a payment document, the balance is built by placing the document and the order side by side.

Recognition is not a collection order

Recognition of the divorce does not by itself collect the maintenance item. Recognition looks at the res judicata effect of the judgment. Enforcement ties the payment order to the maintenance clause. The two steps are not treated as finished in the same petition. Recognition of a custody order does not create an enforcement order for maintenance either. The custody record is kept separate. This article only separates the care and maintenance items.

How the general exequatur test is built is a separate article. That test is not rewritten here. Whether a further court route is required to enforce a maintenance judgment in Turkey is read from the nature of the order. It is not redescribed as a commercial receivable. A sample enforcement request is not built here. The operative clause is the document of the file. Without the clause, enforcement does not produce maintenance from the general outcome of a divorce.

The sum, the rate, and service

Foreign currency is read in the unit stated in the order. The exchange rate is left to the date in the enforcement file. Costs are not frozen here either. The figure written in the order is not enlarged by being turned into a different figure in the translation. If there has been a partial payment, the payment document and the sum in the order are placed side by side. Without a document, a statement that part was paid does not establish the balance.

Service on the debtor proceeds from the address in the enforcement request. The address is shown from the service part of the order, or from the debtor's known residence. Without that showing, it is not assumed that the debtor lives in Ankara. Incomplete service does not mean that enforcement is complete. The service papers are looked for in the file. They are not treated as served before the piece arrives.

What is looked at in the file

The country where the order was given and the place where enforcement is sought are separate records. The foreign judgment and the maintenance clause are read side by side. The office being in Çankaya does not change the enforcement office or the court for exequatur. The competent authority is read separately from the nature of the order and the debtor's connection.

The maintenance clause is read in this order. First, the copy of the order is checked for whether a maintenance item appears in the operative part. Then the file is read for whether the divorce or custody judgment was dealt with separately. Then the currency and the period of the sum are read from the order. The exchange-rate calculation is not frozen here. If service or the translation is missing, the enforcement request is not treated as completed with that gap.

The papers in the creditor's hands are also requested. The order, the service piece, any certification, and the enforcement petition should stand in the same file. Without documents, a measure of collection is not built. Maintenance awarded for a child and maintenance awarded for a spouse are not folded into the same sentence. Each item proceeds from its own clause.

Conclusion

Enforcement looks at the maintenance clause in the foreign order. The general exequatur text is a separate article. The sum and the rate are not frozen here. The frame is on the international law page. Recognition and exequatur are a separate door in the difference on exequatur, custody in the custody order, and domestic maintenance in the maintenance debt. The basis is the text of Law No. 5718.

Legislation

Frequently asked questions

Is the maintenance item collected by recognising the divorce?

No. Recognition looks at the divorce judgment. Enforcement of maintenance requires the maintenance clause to be dealt with separately. The two steps do not end in the same sentence.

Is the sum converted from this page?

No. The sum is in the foreign order. The exchange rate and the costs are not frozen on this page. The calculation is left to the date in the enforcement file.

Does a custody order also enforce the maintenance?

No. Recognition of custody is a separate article. Maintenance is enforced from its own clause.

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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