Turkey’s Court of Cassation is not recognizing the international divorce decrees of other countries if they are against public policy. Turkey’s high court recently threw out a lower court verdict that a man’s divorce from his wife in Saudi Arabia is valid in Turkey. The “triple talaq”, or “unilateral” divorce contradicted with “Turkish public order as it ignored the woman’s will.”
A Marmara Marriage
The Supreme Court of Appeals of Turkey, which was founded in 1868, is the last instance for reviewing verdicts given by courts of criminal and civil justice. The Supreme Court recently announced that it is rejecting a verdict related to a 2016 divorce case approved by a Family Court in Jeddah, Saudi Arabia. The sides were a Turkish citizen of Afghan origin and his wife, an Afghan citizen.
When the man, unidentified in court documents made public, filed a lawsuit for recognition of the divorce, a local court approved it. However, the wife took the case to a higher court, seeking to annul the divorce. The higher court of appeals rejected her appeal but the Court of Cassation, the ultimate authority in such cases, sided with the woman.
The court reasoned that although divorce cases settled abroad can be recognized in Turkey, the court should examine whether the divorce verdicts comply with “basic values of Turkish law, Turkish morals, basic rights and freedoms and shared values of developed communities and level of civilization.”
The top court said women and men have equal rights under the Turkish constitution. “The recognized verdict of (the Saudi) court is based on a document on talaq (unilateral divorce) and the wife is deemed divorced after a period of three months when she is not reunited with her husband. As a matter of fact, there is no divorce verdict in this case.
Such a verdict is based on a one-sided declaration of the husband and his claim of failure to reunion within three months ignores the woman’s free will and hence, openly contradicts with Turkish public order,” the court said.
Florida Religion and Divorce
I’ve written about the triple talaq and other aspects of religious divorces before. How does religion impact Florida divorce? First, there can be issues relating to parental responsibility Religion, religious beliefs, and religious practices are not specific statutory factors in determining parental responsibility. Nor are religion and religious practices areas in which a parent may be granted ultimate responsibility. Instead, the weight religion plays in custody disputes incubated over time in various cases.
For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, the best interest of the child shall be the primary consideration.
In Florida, a determination of the best interests of the child is made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family.
There is also international divorce jurisdiction angle when a divorce is based on religion. Florida, under the UCCJEA provides a general legal framework for recognition and enforcement of foreign custody and visitation decrees originating from foreign jurisdictions.
A foreign country is treated as a “state” for purposes of applying the UCCJEA. The UCCJEA, like the Hague Convention, can also be used to seek the return of a child from Florida to a foreign country.
But there are limits, as Turkey’s high court recently found. For example, when the foreign law itself fails to recognize a fundamental public policy tenet, such as considering the best interests of the child, the courts of Florida may decline to recognize the judgment. However, whether the foreign court has properly applied its law is a question for the foreign jurisdiction.
Saudi Arabia adheres to an interpretation of Islamic law though there is no written law. Triple Talaq allows Muslim men to leave their wives instantaneously by saying “talaq,” meaning divorce three times. In Saudi Arabia Men are granted the right to talaq and, until recently, the courts were not required to immediately inform women that their husbands unilaterally divorced them.
Unilateral divorce is exclusive to men while women are entitled to khul or khal, a type of divorce where the husband should agree to pay back the dowry of the wife seeking divorce.
Men also remain the woman’s “guardian” throughout divorce proceedings in the country where most things women seek to do require the company of a male guardian, from travel to marriage.
Turkey’s Daily Sabah article is here.