If the spouses agree on the decision to divorce and on its consequences, the process can be completed much faster through an uncontested divorce. However, a quick outcome does not mean the process is simple: the protocol you sign is a binding document that also governs the years after the divorce.
In this article, we look at the legal requirements for an uncontested divorce, the matters the protocol must cover and the steps of the process. For general information on divorce and family law, see our family law page.
What are the requirements for an uncontested divorce?
Uncontested divorce is governed by Article 166(3) of the Turkish Civil Code (TMK). To divorce this way, the following conditions must all be met:
- The marriage has lasted at least one year
- The spouses apply to the court jointly, or one spouse accepts the case filed by the other
- The judge, after hearing the parties in person, is satisfied that they have expressed their will freely
- The judge finds the arrangements on the financial consequences of the divorce and on the children appropriate
If any of these conditions is missing, the case cannot conclude as an uncontested divorce. It may continue as a contested case under the general provisions.
Differences between uncontested and contested divorce
The key difference of an uncontested divorce is that the grounds for divorce do not need to be proven. In a contested case, the grounds for divorce and fault are established through witnesses and documents. The table below compares the two routes:
| Issue | Uncontested divorce | Contested divorce |
|---|---|---|
| Length of marriage | At least one year | No minimum period |
| Proof | Not required; the spouses’ statements are sufficient | Grounds for divorce and fault must be proven |
| Witnesses | Not heard | Usually heard |
| Consequences | Determined by the spouses’ protocol | Determined by the judge’s decision |
| Hearings | Usually a single hearing | Several hearings |
If the spouses reach an agreement while a contested case is ongoing, the case can be converted into an uncontested divorce, provided the legal requirements are met. This is a common way of bringing a lengthy trial to a quick conclusion.
What should a divorce protocol include?
The divorce protocol is the written settlement agreement setting out what the spouses have agreed on all the consequences of the divorce. An incomplete or vague protocol can lead to new lawsuits after the divorce. At a minimum, the protocol should clearly address the following:
- Custody: Which parent will have custody of the children
- Contact (personal relations): On which days and at what times the other parent will see the child, including religious holidays and the summer break
- Child support: The amount payable for the child, the payment date and the basis for annual increases
- Post-divorce maintenance: Whether it is claimed and, if so, the amount
- Pecuniary and non-pecuniary compensation: Whether it is claimed
- Division of property: Real estate, vehicles, household goods, bank accounts and joint debts
- Litigation costs: Who will bear the costs and the attorney’s fees
A general statement such as “the child will be seen at suitable times” is difficult to put into practice later. Days, times and the handover location should be stated clearly. If the division of property is not clearly addressed in the protocol, the liquidation of the matrimonial property regime may become the subject of a separate lawsuit.
How are custody and maintenance arranged in an uncontested divorce?
The spouses’ agreement on custody and contact is not sufficient on its own; the judge reviews whether the arrangement is consistent with the best interests of the child. The child’s age, school routine and the cities where the parents live are decisive in setting up a realistic contact schedule.
Child support is a contribution to the child’s care and education expenses. Stating in the protocol not only the amount but also the rate at which it will increase each year reduces the need for a separate lawsuit to increase child support later. The account into which payments will be made and the day of the month by which they are due should also be specified.
Waiver statements expressly included in the protocol regarding post-divorce maintenance and compensation claims are binding. For this reason, the consequences of broad wording such as “neither party has any claims against the other” should be carefully considered before signing.
How are the family home and joint loan debts handled?
The home in which the spouses live together may qualify as the family home even if it is registered in the land registry in the name of only one spouse. While the marriage continues, selling or leasing the family home requires the explicit consent of the other spouse, and this can be annotated in the land registry (TMK Art. 194). The protocol should clearly state who will keep the home, the transfer date and the removal of the annotation from the land registry.
With joint loans and credit card debts, the key point is that the protocol only governs the internal relationship between the spouses. The bank can still demand payment from whoever is the debtor towards the bank, even if the protocol says otherwise. For this reason, the protocol should separately secure who will pay the debt and what happens if it is not paid. For questions about title transfers and real estate, see our real estate law page.
Which documents are required for an uncontested divorce?
The following documents are usually prepared when filing the case and for the hearing:
- The spouses’ identity documents
- A civil registry record (available via e-Devlet)
- The divorce protocol, with every page signed by both spouses
- The petition and, if applicable, the power of attorney granted to an attorney
- If property is to be divided, title deed records, vehicle registration documents and bank details
How does the uncontested divorce process work step by step?
The process usually follows this order:
- Preliminary meeting and documents: The civil registry record, any title deeds and vehicle registration documents, and documents showing income are gathered.
- Drafting the protocol: The spouses’ requests are put into writing, and the protocol is signed by both spouses.
- Filing the case: The petition and protocol are submitted to the competent family court. The competent court is the court of the place of residence of either spouse or where the spouses lived together for the last six months before the case (TMK Art. 168).
- Hearing: The court sets a hearing date; the spouses are heard by the judge.
- Decision and finality: The reasoned decision is written, served on the parties and becomes final once the appeal period has expired.
- Civil registry: The final decision is notified to the civil registry office and recorded.
What are the costs of an uncontested divorce?
The main cost items in an uncontested divorce case are the filing and decision fees, the advance on costs (for service and file expenses) and, if you work with an attorney, the attorney’s fee. Since court fees are set anew each year, the current amount is calculated when the case is filed.
The attorney’s fee is set by a written attorney engagement agreement and cannot be lower than the amount in the Minimum Attorney Fee Tariff of the Union of Turkish Bar Associations. Which spouse will bear the litigation costs can also be addressed in the protocol.
What happens at the hearing?
An uncontested divorce hearing is usually brief. The judge hears the spouses, asks whether they have expressed their wish to divorce freely and reviews the protocol.
If the judge finds a provision contrary to the interests of the children or of one of the parties, the judge may propose changes. If the parties accept the proposed change, the divorce is granted; if they do not, the conditions for an uncontested divorce are not met.
When does the divorce decision become final?
The decision becomes final if no appeal is filed within the two-week appeal (istinaf) period from service of the decision (Code of Civil Procedure, Art. 345). If the parties declare at the hearing that they will not appeal, the decision may become final sooner.
The legal consequences of the divorce, such as the right to remarry or the change of surname, arise once the decision becomes final. You should therefore make sure that the decision has been annotated as final.
What changes after the divorce becomes final?
Once the divorce decision becomes final, the following consequences arise:
- Surname: The divorced woman resumes the surname she had before the marriage. If she proves that she has an interest in continuing to use her former husband’s surname and that this will not harm him, the judge may allow her to use it (TMK Art. 173).
- Waiting period: A woman cannot remarry until three hundred days have passed since the end of the marriage; if it is documented that she is not pregnant, the court may lift this period (TMK Art. 132).
- Maintenance and custody: The maintenance and contact provisions in the protocol become binding. Unpaid maintenance can be pursued through enforcement proceedings.
- Division of property: The transfers agreed in the protocol are completed through land registry and vehicle registration procedures.
If circumstances change over time, a new lawsuit may be filed to increase or reduce maintenance or to change custody.
When does the case switch to a contested divorce?
In the following situations, the divorce cannot be concluded as an uncontested divorce:
- The marriage has not yet lasted one year
- One of the spouses withdraws from the agreement at the hearing
- The judge does not approve the protocol and the parties do not accept the proposed changes
In that case, the proceedings may continue as a contested divorce case in which witnesses and evidence are examined.
Before signing the protocol
In an uncontested divorce, the real work is done before the hearing. Drafting the custody, maintenance and property division provisions so that they are clear, enforceable and reflect the parties’ true intentions prevents disputes that might otherwise arise after the divorce. If you would like an assessment of your protocol, you can contact us.
