An uncontested divorce is available when spouses agree on the divorce itself and all of its consequences. It is much faster and less exhausting than a contested case. Speed, however, does not mean it can be prepared carelessly: any matter left out of the protocol may become the subject of a new lawsuit years later.
Who can divorce by agreement?
Under Article 166(3) of the Turkish Civil Code, the marriage must have lasted at least one year. If the spouses apply to court together, or one spouse accepts the case filed by the other, the marital union is deemed to have broken down irretrievably.
What should the protocol include?
- Custody: Which spouse will have custody of the children.
- Personal relations: When and how the non-custodial parent will see the children.
- Support: The amount of child support and any spousal support, and how it will be increased.
- Division of property: What happens to real estate, vehicles, bank accounts and jewellery.
- Damages: Whether either party claims pecuniary or non-pecuniary damages.
How does the process work?
The case is filed at the family court of either spouse's domicile or of the place where the spouses have lived together for the last six months. The judge hears the parties in person and must be satisfied that they have expressed their will freely. If the judge finds the protocol appropriate for the interests of the parties and the children, the divorce is granted; if the judge makes changes and the parties accept them, the divorce can still be granted. Well-prepared cases are often concluded in a single hearing.
Points to watch
Once signed, the protocol becomes part of the court judgment. Leaving details vague, such as the payment date for support, how jewellery will be returned or who will keep the home, can lead to enforcement proceedings and lawsuits later. It is therefore important that the protocol is drafted, or at least reviewed, by a lawyer in light of your specific situation.
This article is for general information only; we recommend consulting a lawyer about your specific situation.