Uncontested Divorce in Turkey: Requirements, Protocol and Procedure

Uncontested divorce (anlaşmalı boşanma) is the route available when the spouses agree on ending the marriage as well as on the financial consequences of the divorce and the position of the children. It can be concluded considerably faster than a contested divorce. However, a quick process does not mean that the preparation can be careless.

Legal requirements

Under Article 166(3) of the Turkish Civil Code (TMK), the following requirements must all be met for an uncontested divorce:

• The marriage must have lasted at least one year.
• The spouses must apply to the court jointly, or one spouse must accept the case filed by the other.
• The judge must hear the parties in person and be satisfied that they have expressed their will freely.
• The arrangement agreed by the parties on the financial consequences of the divorce and the position of the children must be approved by the judge.

Having regard to the interests of the parties and the children, the judge may make any changes to the protocol that he or she considers necessary. If the parties accept these changes, the divorce is granted.

What should the protocol include?

The uncontested divorce protocol is the most important document in the process. Incomplete or vague provisions may lead to new lawsuits after the divorce. The protocol usually sets out the following matters clearly:

1. Custody of the children of the marriage and the arrangements for personal relations (contact) with the parent who is not granted custody (for example weekends, religious holidays and summer holidays).
2. The amount of child support to be paid for the children, the payment date and the basis for annual increases.
3. Whether post-divorce maintenance (yoksulluk nafakası) is provided for either spouse.
4. Liquidation of the matrimonial property regime: division of real estate, vehicles, bank accounts and household goods.
5. Whether either party has any claim against the other for pecuniary or non-pecuniary damages.
6. Arrangements regarding court costs and attorneys’ fees.

Court procedure

Once the statement of claim and the protocol have been submitted to the family court, the court sets a hearing date. Both spouses must attend the hearing and be heard by the judge. If the protocol is approved, the divorce judgment is usually delivered at the same hearing.

If the parties waive their right to appeal, the judgment can become final within a short time. The final judgment is then entered in the civil registry.

Points to watch

In many cases, it may not be possible to claim a right that was not included in the protocol after the divorce, or doing so may require separate proceedings.

In particular, the provisions on the division of property should be drafted so that they are consistent with title deed, vehicle registration and bank records and can actually be implemented; the basis for increasing maintenance should be set out clearly; and the contact arrangements should be designed to fit everyday life.

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This article has been prepared for general information purposes only and does not constitute legal advice. You are advised to consult a lawyer for an assessment of your specific situation.