20.10.2026 19:32
In the case concerning the recognition in Turkey of a divorce decision issued abroad, the local court's rejection decision on the ground that the document with a QR code submitted did not meet the requirement of an approved document specified in the law was upheld by the 2nd Civil Chamber of the Court of Cassation.
The Court of Cassation 2nd Civil Chamber upheld the rejection decision issued by Eskişehir 5th Family Court on the grounds that QR-coded documents did not meet the certified document requirement. Aslıcan Özgür İleli stated that the decision showed that citizens who divorce abroad must prepare their documents in accordance with the procedure.
QR-CODED DOCUMENTS WERE NOT IN THE FILE, SO THE CASE WAS DISMISSED
The expatriate couple D.O. and E.O. divorced by court decision in Belgium, where they live. E.O. filed a case at Eskişehir 5th Family Court for the decision to also be valid in Turkey. The court concluded that submitting the foreign court decision and the certificate of finality as QR-coded documents did not meet the certified document requirement specified in the relevant law.
Upon the original of the internationally certified document not being submitted to the file, Eskişehir 5th Family Court decided to dismiss the case.
The local court's decision, which was taken first to appeal and then to the Court of Cassation upon the objection of the plaintiff party, was upheld by the Court of Cassation 2nd Civil Chamber.
"DOCUMENTS MUST BE PREPARED IN ACCORDANCE WITH THE PROCEDURE"
D.O.'s lawyer Aslıcan Özgür İleli said that the decision was important for citizens who divorce abroad and want their court decisions recognized in Turkey.
Stating that the case was filed against her client with a request for recognition in Turkey of a divorce decision given abroad, İleli explained that the plaintiff party submitted the foreign court decision and the certificate of finality to the court as QR-coded documents.
İleli stated that, pursuant to Article 53 of Law No. 5718 on Private International Law and Procedural Law, the foreign court judgment must be submitted with the original duly certified by the authorities of the country that issued the decision or a copy certified by the judicial authority that issued the decision, as well as its certified translation.
Stating that the local court did not find the submitted QR-coded documents sufficient, İleli continued as follows:
"In our response petition, we also stated that the documents were not submitted in accordance with the procedure, citing Article 53 of the Law on Private International Law and Procedural Law. Upon the objection of the opposing party, the file was first taken to appeal and then to the Court of Cassation. The Court of Cassation also upheld the local court's decision. It has been decided that digital and QR-coded practices will not eliminate the certified document requirement sought by the law."
İleli, stating that the Court of Cassation decision is important especially for the legal transactions in Turkey of Turkish citizens who divorce abroad, and that documents obtained from foreign courts must be submitted in accordance with the legal conditions in Turkey, continued her words as follows:
"We are in the age of digitalization. In cases we have seen before, QR-coded documents were sometimes accepted, but in this case the QR-coded documents were not deemed sufficient. Therefore, we think that the decision has the nature of a precedent. Our citizens who divorce abroad and want to have a recognition procedure carried out in Turkey need to prepare their documents in accordance with the procedure."
Drawing attention to the fact that official transactions abroad are largely carried out electronically, İleli added that in some countries QR-coded and electronically signed documents are used instead of physical documents.