Uncontested divorce case: Terms and Process

In cases where the spouses agree on the divorce and its consequences, the divorce process can be completed in a much shorter time than the contentious case. This way is regulated in the third paragraph of Article 166 of the Turkish Civil Code.

Conditions for uncontested divorce

• The marriage must have lasted at least a year. In marriages lasting less than a year, uncontested divorce is not possible.
• Spouses should apply together Or the other must accept the lawsuit filed by one of the spouses.
• The judge must listen to the parties himself. spouses should be convinced that they have freely declared their will; For this reason, it is obligatory for the spouses to attend the hearing.
• Financial consequences of divorce and the status of children The regulation adopted by the parties should be approved by the judge.

What is included in the protocol?

uncontested divorce protocol; It includes custody and personal relationship with the child, participation and alimony of poverty, material and moral compensation, property sharing and household goods. The judge can make changes he deems necessary in the protocol, taking into account the interests of the parties and children; If these changes are accepted by the parties, divorce is decided.

The complete and open preparation of the protocol is the most effective way to prevent future disputes.

How does the process work?

The petition and the protocol are submitted to the family court; The court usually sets a hearing date in a short time. In the hearing, the spouses are heard, the protocol is evaluated and if the conditions are met, a divorce can be decided at the same hearing. After the finalization of the decision, it is recorded in the population records.