Uncontested Divorce

An uncontested (mutual consent) divorce is the route available when spouses agree both on ending the marriage and on the financial consequences of the divorce and the arrangements concerning their children. The real value of working with an uncontested divorce lawyer lies less in the hearing itself than in the preparation that precedes it: drafting a complete and enforceable protocol, and clearly regulating alimony, custody and the division of property so that it does not lead to new litigation down the road.

This route is much shorter than a contested case, but short does not mean simple. A protocol signed at the hearing becomes a binding roadmap for both spouses, and it is not always easy to change afterward.

Legal requirements for an uncontested divorce

Uncontested divorce is regulated under Article 166, paragraph three of the Turkish Civil Code. For a judge to grant a divorce under this paragraph, the following conditions must be met together:

• The marriage must have lasted at least one year,
• The spouses must apply to the court together, or one spouse must accept the case filed by the other,
• The judge must personally hear the parties and be satisfied that their will has been expressed freely,
• The judge must find the arrangement agreed by the parties on the financial consequences of the divorce and the situation of the children to be appropriate.

In a case filed before the one-year period has passed, a decision cannot be issued under this paragraph even if the parties agree. In that case, the case can only proceed on the grounds for a contested divorce. If one of the spouses fails to attend the hearing or withdraws their statement at the hearing, an uncontested divorce cannot be granted either.

What should a divorce protocol include?

The protocol is the backbone of an uncontested divorce. The law gives the judge the authority to make any changes to the arrangement that the judge considers necessary, taking into account the interests of the parties and the children; if the parties accept these changes, the divorce is granted. The protocol usually covers the following topics:

• Custody and personal contact: Which parent the child will live with, and on which days and at what times, as well as during holidays and vacations, the child will see the other parent.
• Child support (contribution alimony): The amount contributed toward the child's care and education expenses, the payment date and the annual increase basis.
• Poverty alimony: Whether it is requested and, if so, the amount and the method of increase.
• Material and moral compensation: Whether there are any mutual claims.
• Division of property: What happens to the home, vehicles, bank accounts, jewelry and household goods.

Vague wording, for example phrases stating only that visits will take place "at suitable times," leads to disputes in practice. If property division is not regulated in the protocol at all, or is left without an explicit waiver of the claim, it may become the subject of a separate property regime liquidation case in the future. Our article on property division in divorce offers a general framework on this subject.

The process step by step

1. Initial consultation and information gathering: The date of marriage, children, income situation and assets are identified.
2. Preparation of the protocol: The draft is shared with both spouses and signed once agreement is reached.
3. Filing the petition: The petition and the signed protocol are submitted to the family court; the court fee and expense advance are paid.
4. Hearing: The spouses are heard in person before the judge; the intention to divorce and the protocol provisions are confirmed.
5. Reasoned judgment and finalization: The judgment is served; if no appeal is filed or the right to appeal is waived, it becomes final and is recorded in the civil registry.

Documents to prepare

In addition to the petition, the file should include the protocol bearing the signatures of both spouses, the spouses' identity details and a power of attorney. So that the alimony and property division provisions can be set realistically, income documents, land registry and vehicle registration records, loan and debt statements, and information on the child's school and health expenses should be collected in advance. Although these documents are not always submitted to the court, they form the basis of the protocol provisions and make it easier for the judge to assess whether the arrangement is appropriate. A protocol written with incomplete information may require changes at the hearing and prolong the process.

Competent and authorized court

The competent court for divorce cases is the family court; in places where no family court has been established, the case is heard by the civil court of first instance acting as a family court. The authorized court is the court at the residence of one of the spouses, or at the place where the spouses have lived together for the last six months before the case. Where the spouses live in different cities, the courthouse in which the case will be filed should be planned from the outset with ease of attending the hearing in mind.

Finalization, appeal and afterward

The period for appealing an uncontested divorce judgment is two weeks from the date the judgment is served. The parties can speed up finalization by waiving the right to appeal, either at the hearing or afterward. After the judgment becomes final, the waiting period prescribed in the Turkish Civil Code for the wife comes into play; this period ends with childbirth and can be requested to be lifted by the court.

The alimony and personal contact arrangements in a finalized protocol can be updated through a new case when circumstances change. By contrast, compensation and property claims that were expressly waived in the protocol generally cannot be raised again later. It is therefore important to understand the consequences of each provision before signing.

Points to watch out for

• One of the parties may change their mind before the hearing date; you should act with this possibility in mind.
• When setting the alimony amount, the increase basis must be written in; otherwise a separate case may be needed to update it.
• Even if the transfer of registered real estate is agreed in the protocol, a separate transaction at the land registry is still required.
• The judge may refuse arrangements considered contrary to the best interests of the child.

Every file is unique; the spouses' income, the children's ages and the nature of the assets directly affect the content of the protocol. The specific situation should be assessed individually. If there are issues on which agreement cannot be reached, the option of a contested divorce should also be considered alongside.

Our firm's support

At our office in Bakırköy, we support you throughout the process, from preparing a protocol that balances the interests of both parties, through preparation for the hearing, to the civil registry and land registry procedures after finalization. Our goal is to produce a clear arrangement that leaves no room for new disputes after the divorce.