When a divorce case is filed in Turkey against a spouse living in Germany, the Netherlands, or America, the two most frequently asked questions are: “Do I have to come to Turkey?” and “Can they divorce me without my knowledge of the case?” The answer to both converges in the same place: proper notification.

In this article, we address the participation of the spouse residing abroad in hearings, their representation by a proxy, the form of the power of attorney, international notification procedures, and the consequences of irregular notification, all within the framework of Notification Law No. 7201, Code of Civil Procedure (HMK) No. 6100, and Turkish Civil Code (TMK) No. 4721.

Contents

1. Is it mandatory to attend the hearing in person?
2. The only exception: amicable divorce
3. Power of Attorney: special authorization, photo, and formal requirements abroad
4. To whom is notification made when there is an attorney?
5. The rule of the last known address
6. Notification to Turkish citizens: Art. 25/a and 30-day period
7. Notification to foreign national spouse: Art. 25 and the Hague Convention
8. MERNİS trap: Why can’t Art. 21/2 and Art. 35 be invoked?
9. Hearing date and reasonable time
10. Right to be heard and the consequence of irregular notification
11. Can a judgment be rendered in absence?
12. Comparison table of judicial decisions
13. Step-by-step roadmap for a spouse abroad
14. Checklist for a spouse filing a lawsuit in Turkey
15. Eight most common mistakes in practice
16. Conclusion
17. Frequently asked questions
18. Resources and warning

1. Is Personal Attendance at the Hearing Mandatory?

No. In accordance with Article 184 of the Turkish Civil Code (TMK), divorce proceedings are subject to procedural law, without prejudice to the special rules in the article. In Turkish civil procedural law, it is generally not mandatory for the parties to be personally present at the hearing. A party may follow the proceedings through an attorney duly authorized by them; if they fail to appear despite being duly summoned, the proceedings will be conducted in their absence.

In practice, this means for the spouse living abroad: you can follow the contested divorce case from start to finish through a proxy in Istanbul, without ever coming to Turkey. Your proxy attends the hearings; your statements are submitted via petition; if you need to have witnesses heard, a solution is sought through instruction or via SEGBİS.

2. The Only Exception: Uncontested Divorce

The “personal hearing” requirement is an obstacle to finalizing an uncontested divorce through a proxy. The spouse living abroad must come to Turkey and be present at the hearing for an uncontested divorce. For clients unable to come to Turkey, two practical options remain: planning a short trip according to the hearing date, or structuring the contested case in a way that it can be finalized quickly — by submitting all evidence completely from the outset and reaching an agreement with the opposing party through petitions.

3. Power of Attorney: Special Authority, Photograph, and Formal Requirements for Abroad

According to Article 73 of the HMK, a power of attorney for a lawsuit, provided that matters requiring special authorization by law are reserved, authorizes the attorney to carry out all necessary actions for the pursuit of the case until the judgment becomes final. Article 74/1, on the other hand, stipulates that the attorney “cannot initiate and pursue lawsuits related to strictly personal rights unless it is explicitly stated which ones they are authorized for.” However, Article 74/1 stipulates that the attorney may not initiate and pursue lawsuits related to strictly personal rights unless it is explicitly stated which ones they are authorized for.

Since divorce is a strictly personal right, it is a legal requirement that the power to initiate and pursue a divorce case be explicitly stated in the power of attorney. A general power of attorney is not sufficient.

Photograph Requirement

In a divorce power of attorney, it is mandatory for the principal’s passport-sized photograph to be included. This requirement arises from the provision of the Notary Public Law Regulation, which enumerates the transactions requiring a photograph to be affixed, by reference to Article 80 of the Notary Public Law, and it applies regardless of whether the principal is a Turkish citizen. Divorce powers of attorney issued without a photograph are not accepted in practice.

Form of Power of Attorney to be Issued from Abroad

There are two valid ways:

In the decision of the 2nd Civil Chamber of the Court of Cassation dated 05.04.2021, numbered E. 2021/1896, K. 2021/2662, it was stated that powers of attorney issued in a foreign country must either be certified by a Turkish consulate or contain an apostille annotation issued by the competent authority under the 1961 Hague Convention. Furthermore, it was stated in the decision of the 2nd Civil Chamber dated 14.02.2024, numbered E. 2022/7910, K. 2024/840, that notifications made to a proxy whose authority is not documented will not constitute a valid party.

4. To Whom Is Notification Made When There Is a Representative?

Article 11/1 of the Notification Law is clear: “In matters handled through a representative, notification is made to the representative. If there is more than one representative, notification to one of them is sufficient.” From the moment the defendant spouse is represented by a representative, it is a legal requirement that notifications be issued to the representative, not the principal.

This rule was emphasized as follows in the decision of the 2nd Civil Chamber of the Court of Cassation dated 15.05.2024, E. 2023/4314, K. 2024/3515: “As is known, in cases handled through a representative, it is mandatory for notifications to be made to the representative; whether the notification made to the principal is procedurally compliant is no longer important.” Even if the principal is personally present at the hearing after the representative enters the file, it has been stated in the decision of the 9th Civil Chamber of the Court of Cassation dated 14.03.2022, E. 2022/2730, K. 2022/3373, that notifications must be issued to the representative.

The outcome of this is very positive for the spouse living abroad: the international notification chain is removed from circulation the moment you appoint a representative. Expert reports, hearing minutes, reasoned decisions — all are served to your representative’s UETS address in Turkey; months of consular correspondence are eliminated. Similarly, when properly represented by counsel and the proceedings conclude in the presence of counsel, claims that the right to defense has been restricted will not be heard (Court of Cassation 2nd Civil Chamber, 07.12.2023, E. 2023/4620, K. 2023/6053; 01.04.2024, E. 2024/476, K. 2024/2242; 07.06.2023, E. 2023/30, K. 2023/3050).

5. The Last Known Address Rule

Notification Law Art. 10/1: “Notification shall be made to the person to be notified at their last known address.” If it is known that the addressee resides abroad, sending a notification to their old address in Turkey or merely to the domestic address appearing in the address registration system is unlawful.

According to the established jurisprudence of the 2nd Civil Chamber of the Supreme Court of Appeals, even though it is understood that the defendant resides abroad, serving the petition and the hearing date at a domestic address, instead of the last known address abroad, renders the notification invalid (22.09.2021, E. 2021/6954, K. 2021/6388; 15.03.2023, E. 2022/10145, K. 2023/1039; 02.04.2024, E. 2024/2612, K. 2024/2311). Even if it is determined that the parties live abroad, notifications sent to an address in Turkey and not personally reaching the addressee are also invalid (12.05.2025, E. 2024/8861, K. 2025/4861).

Furthermore, ambiguities in the addresses where notifications are sent, the inability to determine which documents were enclosed, and the failure to clarify the addressee’s departure date from abroad also render the notification irregular (Yargıtay 2. HD, 19.09.2023, E. 2023/4309, K. 2023/4024; 16.02.2022, E. 2022/73, K. 2022/1472).

6. Notification to a Turkish Citizen: Art. 25/a and 30-Day Period

The mechanism is two-staged, and most people suffer loss of rights because they are unaware of this:

1. The Consulate sends you a notification, not the document itself. This notification includes the subject of the service, the authority that issued it, and a warning that the service will be deemed to have been effected if no application is made within thirty days.
2. If you do not go to the consulate and retrieve the document within thirty days, the service is deemed to have been effected at the end of the thirtieth day. This means not opening the envelope does not protect you; deadlines begin to run, and the case proceeds in your absence.

Two practical details: in this method, the document is sent in Turkish, not translated, and the Ministry of Justice and Ministry of Foreign Affairs are not intermediated; the consulate directly transmits the result to the judicial authority. This significantly shortens the process compared to the method described in Article 25.

In numerous decisions of the 2nd Civil Chamber of the Supreme Court, notifications made without operating this procedure have been deemed invalid (14.03.2023, E. 2022/8759, K. 2023/1011; 07.06.2023, E. 2023/30, K. 2023/3050; 22.04.2024, E. 2024/801, K. 2024/2719).

7. Notification to a Foreign Spouse: Art. 25 and the Hague Convention

If the addressee is a citizen of a foreign country, Article 25 of the Notification Law comes into play: “Notification in a foreign country shall be made through the competent authority of that country. For this purpose, if an agreement or the laws of that country permit, the Turkish political officer or consul in that place shall request the competent authority to make the notification.” Bilateral or multilateral judicial notification conventions are reserved; in practice, the 1965 Hague Service Convention stands out.

In this manner, documents are forwarded to the central authority of the relevant country through the Ministry to which the issuing authority for the notification is affiliated, and the Ministry of Foreign Affairs; translation is mandatory, and the process is measured in months. This timeline must definitely be taken into account when scheduling the hearing date.

8. The MERNIS Trap: Why can’t art. 21/2 and art. 35 be applied?

This is the most common irregularity encountered in practice. The plaintiff, despite knowing that the spouse lives abroad, indicates the old address in Turkey in the lawsuit petition; notification is issued, the person is not found at the address; then notification is made to the MERNIS address with the annotation of Notification Law art. 21/2 or pursuant to art. 35, and the case proceeds in absence.

This method is not permissible. Serving notification to the domestic MERNIS address of a person residing abroad, without applying art. 25 or art. 25/a, and under art. 21/2 or art. 35, is irregular and has no legal effect (Court of Cassation 1st Civil Chamber, 10.05.2022, E. 2021/9411, K. 2022/3788; Court of Cassation 2nd Civil Chamber, 10.03.2015, E. 2014/18983, K. 2015/4212; Court of Cassation 2nd Criminal Chamber, 01.04.2013, E. 2012/22259, K. 2013/8980).

9. Hearing Date and Reasonable Time

Considering that overseas service processes (Ministry correspondence, consular notification, legal 30-day waiting period) will take time, it is mandatory to set the hearing date for a reasonable and sufficiently distant future date to allow for the service of notice.

If the hearing date is served to the addressee after the actual hearing date, it is assumed that the person was not aware of the hearing, and the judgment is overturned (Court of Cassation 2nd Civil Chamber, 03.12.2014, E. 2014/25498, K. 2014/24536). This is an error that causes files to be delayed for months but is easy to avoid: the problem is largely solved when the hearing date is set six to eight months in advance along with the preliminary review.

10. Right to a Fair Hearing and the Consequence of Irregular Service

Pursuant to Article 27 of the HMK (Code of Civil Procedure), parties to a lawsuit have the right to a fair hearing; this right guarantees that they are informed about the proceedings, have the right to make statements and present evidence, and that the court considers these statements when making its decision.

In the decision of the 1st Civil Chamber of the Court of Cassation dated 10.05.2022, file no. E. 2021/9411, decision no. K. 2022/3788, the function of notification (tebligat) was defined as follows: Notification, which involves the lawful communication of certain legal proceedings by competent authorities to individuals intended to be affected by their legal consequences, and the documentation that this communication was properly made, is a very important tool that ensures the full exercise of the right to claim and defense, guaranteed by the Constitution, and more specifically, the right to a fair hearing, thereby ensuring a fair trial.

Similarly, in the decision of the 2nd Civil Chamber of the Court of Cassation dated 18.12.2014, file no. E. 2014/15109, decision no. K. 2014/26011, it was stated that the purpose of proper notification is to inform the person about the lawsuit filed against them, ensure they are fully informed about the proceedings, and enable them to make statements and exercise their right to present evidence.

When the irregularity of the notification is determined, the outcome is clear: the submitted statement of defense must be accepted within the time limit, and the indicated evidence must be collected (Court of Cassation 2nd Civil Chamber, 12.05.2025, E. 2024/8861, K. 2025/4861). Furthermore, in accordance with Article 32 of the Notification Law, even if the notification was not made in accordance with the procedure, it is considered valid if the recipient became aware of it, and the date of awareness declared by the recipient is deemed the date of notification.

11. Can a Judgment Be Rendered in Absentia?

Yes — but only if procedural rules have been fully observed. If the defendant spouse abroad, despite the petition, preliminary hearing minute, and hearing date having been properly notified under Article 25 or Article 25/a, does not respond, does not appoint a representative, or does not attend the hearing, the proceedings continue in their absence, and a decision on the merits can be rendered.

Conversely, rendering a judgment without due notification of the counterclaim and hearing date, and without collecting evidence in the absence of the defendant, violates the right to defense and the right to be heard; this procedural error necessitates the annulment of the decision (Court of Cassation 2nd Civil Chamber, 22.09.2021, E. 2021/6954, K. 2021/6388; 18.09.2014, E. 2014/18048, K. 2014/17757; 14.03.2023, E. 2022/8759, K. 2023/1011).

12. Judicial Decisions Comparison Table

13. Step-by-Step Roadmap for a Spouse Abroad

1. Learn about the case file. A lawyer in Turkey can check via UYAP whether a case has been filed against you and at what stage the file is.
2. Obtain the power of attorney. From a consulate or foreign notary (with apostille); ensure it includes a photo and explicitly grants special authority for divorce.
3. Register your proxy/attorney with the file. From this moment on, all notifications will be made to your proxy/attorney; the international notification chain will be bypassed.
4. Protect the response period. If the notification is irregular, promptly raise this objection; if the irregularity is accepted, your statement of defense will be considered timely, and your evidence will be collected.
5. Prepare your evidence from abroad. Bank records, correspondence, foreign official documents — foreign documents may require an apostille and sworn translation.
6. Plan a solution for witnesses and statements. If you need to be heard in person, options such as instructions (letters rogatory) or an audio-visual system will be considered.

14. Checklist for a Spouse Filing a Lawsuit in Turkey

• Determine the citizenship of the opposing party. The choice between Article 25 and Article 25/a depends on this; in cases of dual citizenship, Turkish citizenship opens the way for Article 25/a.
• Thoroughly research the overseas address and state it in the petition. Taking the shortcut to the MERNIS address will invalidate the file/case.
• Schedule the hearing date sufficiently far in advance. Serving the notification after the hearing alone is grounds for annulment.
• Clearly show the attachment of the notification document. Failure to understand which document was sent is a reason for irregularity.
• Document the date of departure abroad. If the date of the addressee’s departure abroad is not clear, the notification is flawed.
• If the opposing party has appointed an attorney, issue all notifications to the attorney. Notifications made to the principal are invalid.

15. Eight Most Common Mistakes Made in Practice

1. Issuing notification to the MERNİS address. Domestic notification to a spouse known to be living abroad is invalid.
2. Disregarding consular notification. If no application is made within thirty days, the notification is deemed to have been made, and the case proceeds in your absence.
3. Sending a general power of attorney. Special authorization is required for divorce; a photograph is also mandatory.
4. Omitting the Apostille annotation. A power of attorney issued by a foreign notary is deemed invalid without an Apostille.
5. Attempting to finalize a consensual divorce with an attorney. Article 166/3 of the Turkish Civil Code requires the judge to personally hear the parties.
6. Scheduling the hearing date too soon. If the notification cannot be delivered in time, the hearing will be fruitless, or the decision will be overturned.
7. Serving notice to the principal while an attorney is present. The notification is invalid under Article 11 of the Notification Law.
8. Claiming irregularity too late. The declaration of the learning date produces results; delay can lead to loss of rights.

16. Conclusion

• In a contested divorce case where one spouse resides abroad, there is no obligation to come to Turkey; the case can be pursued with a specially authorized attorney or continued in their absence, provided proper notification is made.
• A consensual divorce is the only exception to this: it is mandatory for the judge to personally hear the parties.
• For the decision to be subject to appellate and supreme court review, it depends on proper notification being served to the spouse’s overseas address in accordance with Article 25 or Article 25/a, the hearing date being set after the notification, and if the case is pursued by a proxy, notifications being made to the proxy.
• Judgments rendered in absentia based on improper notification and without collecting evidence are overturned solely due to this procedural error.

17. Frequently Asked Questions

I live in Germany, do I have to come to Turkey for a divorce case?

No, not for a contested divorce. You can pursue the case through a specially authorized attorney in Turkey. However, for a consensual divorce, you must come, as it is mandatory for the judge to personally hear you in accordance with Article 166/3 of the Turkish Civil Code (TMK).

Can they divorce me without my knowledge?

If proper notification has been made, the proceedings can continue and a decision can be rendered in your absence. However, if notification was sent to an address in Turkey despite it being known that you live abroad, this is improper, and the decision will be overturned.

I received a notification from the consulate, what should I do?

Act immediately. If you do not apply to the consulate and retrieve the document within thirty days of the notification’s delivery, the notification will be deemed made at the end of the thirtieth day, and deadlines will begin to run.

Where should I obtain my power of attorney?

From the Turkish consulate in the country you are in (no translation required) or from a foreign notary with an apostille endorsement (sworn translation required). In both cases, it must include a photograph and grant specific authority for divorce.

I have a general power of attorney, is that sufficient?

No. According to Article 74/1 of the HMK (Civil Procedure Code), an attorney cannot file or pursue lawsuits related to strictly personal rights unless the specific authorities granted are explicitly stated. Divorce falls within this scope.

Is a photograph mandatory in the power of attorney?

Yes. In divorce powers of attorney, the inclusion of the grantor’s passport-sized photograph is mandatory according to notary regulations and applies irrespective of citizenship.

If I appoint a representative, will the notifications be sent to me?

No, they will be sent to your representative. According to Article 11 of the Notification Law, in matters pursued by a representative, notifications are made to the representative; this is the most practical way to avoid the chain of international notifications that can take months.

My spouse is a foreign national; how are notifications made?

According to Article 25 of the Notification Law, through the competent authority of that country; in practice, the provisions of the 1965 Hague Service Convention are applied. Translation is mandatory in this process, and the procedure can take months.

A notification was sent to my MERNİS address, is it valid?

No, if it is known that you reside abroad. A notification made to a domestic address via Article 21/2 or Article 35, without applying Article 25 or Article 25/a, is irregular and produces no legal effect.

If the notification is irregular, what happens to my response period?

When an irregularity is detected, your statement of defense must be accepted within the given period, and the evidence you present must be collected. Furthermore, according to Article 32 of the Notification Law, the date of learning you declare is considered the date of notification.

The hearing date was notified after the hearing, what happens?

It is accepted that the person was not aware of the hearing, and the judgment is overturned. The decision dated 03.12.2014 of the 2nd Civil Chamber of the Court of Cassation is in this direction.

My attorney attended the hearings; can I say my right to defense was restricted?

If you were properly represented by an attorney and the trial concluded in the presence of the attorney, the claim that the right to defense was restricted will not be heard.

18. Sources and Warning

• Law No. 7201 on Notification, art. 10, 11, 21, 25, 25/a, 32, 35 — mevzuat.gov.tr; Regulation on the Implementation of the Notification Law art. 43
• Law No. 6100 on Civil Procedure, art. 27, 73, 74
• Law No. 4721 on Civil Code, art. 166/3 and art. 184
• Law No. 1512 on Notaries art. 80 and Notary Law Regulation (photography requirement); 1961 Hague Apostille Convention; 1965 Hague Service Convention
• Court of Cassation 1st Civil Chamber 10.05.2022 (2021/9411 – 2022/3788); Court of Cassation 2nd Civil Chamber 22.09.2021 (2021/6954 – 2021/6388), 14.03.2023 (2022/8759 – 2023/1011), 15.03.2023 (2022/10145 – 2023/1039), 02.04.2024 (2024/2612 – 2024/2311), 12.05.2025 (2024/8861 – 2025/4861), 05.04.2021 (2021/1896 – 2021/2662), 14.02.2024 (2022/7910 – 2024/840), 15.05.2024 (2023/4314 – 2024/3515), 03.12.2014 (2014/25498 – 2014/24536), 18.12.2014 (2014/15109 – 2014/26011); Court of Cassation 9th Civil Chamber 14.03.2022 (2022/2730 – 2022/3373)