Konu: divorce
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Old 08-09-2007, 20:41   #5
Tiocfaidh

 
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Hello - I wonder if you can help? In 1995 I married a Turkish man in Turkey, in 1998 we got divorced in England. My ex-husband now wants to marry again, in Turkey, but says he cannot as Turkish law does not recognise our British divorce papers.

I married a British man four years ago in the UK and used my divorce papers as proof of divorce with no problems, however, my ex-husband says that I am committing bigamy and my new marriage is not legal.

Can you tell me if:-

1. I am committing bigamy in the UK or in Turkey
2. If it is essential to get divorced in Turkey
3. Whether my ex-husband can file for divorce in Turkey without my help (I would rather not get involved with his problems if I could avoid it as he is not a pleasant man!)
4. If I did decide to help my ex-husband with divorce proceedings in Turkey, what do I have to do.

Any help would be greatly appreciated.

Kind regards

Hello, I'll try to answer your questions one by one as you numbered above;

1)Your current status is not bigamist considering that you have no common life with your ex-husband anymore. It's not bigamy, but it's rather an international private law issue that has to be resolved in terms of the national law rules of both countries, Turkey and the UK.

2)The divorcement you had in the UK will be valid and registered in Turkish registration office after having your divorcement(in the Uk) recognized in Turkey. This is possible with no other way than filing a recognition case in Turkish courts.

3)He probably won't file a new divorcement case in Turkey considering that it will take way longer. He will rather file a recognition case in Turkish courts to have a court decision for ensuring that both parties got divorced in a foreign coutnry. A recognition case usually doesn't give a head ache for both sides assuming that they won't deny a certain divorcement decision of another country's court.

4)Actually, there are no many things you should do during a recognition case in Turkey. The court will send you the filing-petition of the other side in order to ask whether there's something you would object or oppose towards his claims by a written notification. After you sign the rescript report for acknowledging of having recieved the notification, the case will carry on even in your absence.

Best wishes