Marriage applications can be made by the man and woman who are going to marry each other, by applying together to the municipality where one of the parties has their residence address, or by a proxy authorized by a power of attorney containing a spec
"Justice without power is powerless, power without justice is cruel.”ZÜLFÜ LİVANELİ
According to Article 185 of the Turkish Civil Code; ‘’ With marriage, a marriage union is established between the spouses.’’ In this article, based on this article, we will discuss whether it is possible for foreign citizens to marry Turkish citizens or foreign citizens with foreigners from the same country or from other countries in Turkey, and the procedure for these marriages. We will try to make explanations about it.
Foreigners in Turkey can marry Turkish citizens as well as foreigners of the same or different nationality can marry in Turkish authorities. Subject to the exceptions in bilateral consular agreements to which Turkey is a party, one Turkish citizen and one foreigner or two foreign officials who are citizens of two different states in Turkey. Marriage officer (municipal marriage officers and census takers) can marry in front of them. The 1st sentence of the 1st paragraph of the 12th article of the Marriage Regulation in the form of support also supports this conclusion. In this case, we encounter three probability comes out:
Marriage of a foreigner with a Turkish citizen,
Marriage of two foreigners from the same country in Turkey
Marriage of two foreigners from different countries in Turkey.
Some conditions that must be met for a valid marriage in Turkish law consist of the following:
If a couple, one a Turkish citizen and the other a foreign national, decides to marry within the borders of Turkey, Turkish law will be applied to the form of marriage. It should not be forgotten that religious weddings made in accordance with beliefs are not recognized by the state, and the legal one should be a civil wedding. All marriages in Turkey, whether foreign or Turkish, are carried out by the Turkish authorities and are carried out in accordance with the Turkish Civil Code and related regulations. 5718 p. “Marriage and General Provisions” of the Law on International Private and Procedural Law; If the 13th article titled is examined, in order to get married in Turkey, the parties must first have the license to marry. The same requirement is also regulated in the Turkish Civil Code. Whether the parties have the capacity to marry or not is determined by their national laws. This situation is usually proven by the marriage license and birth certificate obtained from the parties' own country representatives (embassy or consulate). It should be documented that the person is single by obtaining a Marital Status Certificate from the country representative. It shows that there is a license to marry, and there is absolutely no obstacle to marry in the marriage license certificate.
There are some conditions for the documents obtained from foreign authorities to be valid in Turkey. These; The apostille process required for the document to be accepted as an official document in Turkey and the notarized Turkish translation. If the received document is apostilled, it is sufficient to have a notarized Turkish translation of the document. In addition, the document is from a country where Turkey has foreign representation. If this document and its translation are approved by Turkey's foreign representative office, the documents are accepted without any further processing.
The man and woman who will marry each other, Applications for marriage can be made by applying jointly to the municipality where one of the parties has their residence address, or by a proxy authorized by a power of attorney that includes a special provision for the marriage process.
What are the Documents Required for Marriage?
Marriage Application Wish
Foreign couples who decide to get married and want to start the marriage proceedings, firstly apply to the municipality of the place where they live and get the "Marriage Declaration"; They are required to submit their application petition in person.
Passport and Identity Card
Passport and identity card must be converted to Turkish by the relevant authorities. Foreigners can perform this process in the Turkish Embassy of their country of citizenship or at a certified notary public in Turkey.
“Health Center” or “State Hospital” A health report must be obtained from a state health institution called Any report to be submitted by private hospitals or clinics will not be accepted.
Six passport photos of the bride and groom are required.
Certificate of Waiting
Certificate of celibacy stating whether a person is single, divorced or widowed; must be obtained from the relevant authorities of the foreign person's own country. If this document is to be issued in the foreigner's country, it must be certified or apostilled by the Turkish Consulate or the Embassy of the United States. In addition, it must be translated into Turkish and notarized, otherwise it will not be valid for marriage transactions in Turkey. The Certificate of Virginity for foreigners in Istanbul can also be issued by the Consulate of the country authorized by the Governorship of Istanbul. If the document is issued by the Ankara Embassy of a foreign country, it must be certified by the Ministry of Foreign Affairs of the Republic of Turkey in Ankara.
Certificate of Accommodation
If both spouses to be married are foreigners, a letter should be written by the accommodation facility (hotel, hostel, etc.) they are staying in Turkey. In this letter, the person's stay at the facility and the date of departure should be stated.
Certificate of Marriage License
Issued by the competent authorities for foreigners to show the person's name, surname, parents' name, date of birth and place of birth, marital status (whether there is a state of preventing marriage or not). and duly approved document and the "Marriage License Certificate" to be obtained from the Registry of Population; a valid document is searched. (Birth Certificate)
Marriage License Documents
1- The governorship of the city in which the consulate issued the document, the signature and seal on the document; After verifying (with notarized translation), it is processed.
2- Signature and seal by our Consulate in the country, which is organized and organized in the country; Verified documents are processed with a notarized translation.
3- Arranged in the country, approved by the representative of that country in Turkey and the signature and seal of the relevant governor's office; After verification, the document is processed together with the Turkish translation made by the notary public.
4- If an Apostill is issued from the country, it is processed with a notarized Turkish translation.
5- "International Marriage License Certificate" brought from “national country” and "International Birth Certificate" does not need to be certified separately.
Passport and visa duration It must not be filled.
The validity period of marriage files is six months from the issue date of the "Marriage License Certificate". If a marriage contract is not made within this period, the file will be cancelled.
Couples who are found to have no obstacle to marry and their documents are complete, are given a marriage license if they wish. Couples who receive such a document can get married in the presence of the competent authority to marry in the country and abroad, without the need for a separate document.
When two foreigners, either from the same or two different nationalities, want to get married in Turkey, they face two different options. These people can get married at the consulates of their own country, or they can get married in the presence of authorized officials of Turkey by obtaining permission from the consulates. The documents already listed above are also valid for these people. In this case, if people decide to marry in a Turkish authority, their qualifications are determined by their own country's laws in the same way and the form of marriage should be made in accordance with Turkish law. If people do not know Turkish, they should have an interpreter with them during the marriage and should translate what the officer said into a language they understand. Because the consent of the parties is essential in this case and for this they must understand what they accept. However, such marriages will not be valid according to Turkish law, after the marriage takes place in the Turkish authorities, they must notify their own country representatives and have their marriage ties approved and valid in their own country.
MARRIAGE PROCEDURES OF INTERNATIONAL PROTECTED OWNERS
The 13th of the Marriage Regulation, which entered into force by being published in the Official Gazette dated 07/11/1985 and numbered 18921; In the article, "The applications of stateless or refugees and foreigners whose citizenship status is not regular are accepted by the marriage officers. Whether they are prevented from marrying or not, if a civil registration is kept in Turkey, if a marriage license certificate to be issued by the General Directorate of Population and Citizenship Affairs has not yet been established, According to the information in the files kept by the authorities, it is determined by the document to be given by these authorities. regulation.
13th of Law No. 5718 on International Law and Procedural Law; In the article "(1) Marriage capacity and conditions, the millennium of each party at the time of marriage; is subject to law. (2) The law of the country where the marriage was made applies. (3) General provisions of marriage, spouses' joint miles; is subject to law. In case the parties are of separate citizenship, the law of common habitual residence applies, and in the absence of the Turkish law, the law applies. Its provisions are included.
In accordance with Article 91 of the Foreigners and International Protection Law No. 6458 and the Temporary Protection Regulation, the nationality status of Syrian foreigners under temporary protection is determined by the marriage offices irregularly. (in applications made without passport, certificate of celibacy, etc.) General Directorate of Administration and according to the documents to be given based on the records kept by the provincial organization.
As such; Syrian foreigners under temporary protection who want to get married; öProvincial Göç "Marriage License Certificate" shows the marital status to be given according to their application to the Administration Directorates and their current information in the records kept by these administrations. If they apply to the marriage offices, they can perform official marriage procedures.
Marriage of Stateless or Illegal Citizens
The applications of stateless or refugees and foreigners whose citizenship status is not regular are accepted by the marriage officers. If there are any obstacles to marriage, if there is a civil registration in Turkey, with the marriage license certificate to be issued by the General Directorate, if the registration has not been established yet, the information in the files kept by the police authorities. It is determined by the document to be given by these authorities according to the requirements.
Certificate of Marriage (In Case of Statelessness)
If the marriage license certificates of stateless, refugees and people whose citizenship status is not correct, are checked by the authorities where the records are kept, whether there is a state of preventing the person from getting married according to the information in the record with their full identification. must be specified and documented. Foreign nationals must first obtain their celibacy certificates from the consulates in the city they are in, get it approved by the Provincial Legal Affairs Office in the governorate, and have 3 photocopies of it.
They will have their passports translated at the sworn translation office and notarized, and they will apply with all these documents. Apart from this, there is a condition that the original passport and 2 photocopies of it must be present at the time of application. Couples need to pass health checks. Official transactions are not considered completed even after marriage. Some of them are couples, and some of them are performed by the wedding circle.
In the light of all the information we have mentioned, we have tried to explain to you about the possibility of foreigners getting married in Turkey. You can contact us for further support and clarification.
AV Maviye Kaya