International Family Law & Divorce Services in Turkey

To qualify for uncontested divorce in Turkey, couples must meet the following legal requirements:

1. The Marriage Must Have Lasted at Least One Year

• Minimum Duration: Article 166/III stipulates that the marriage must have been in existence for a minimum of one year before filing for uncontested divorce. Importantly, the spouses do not need to live together during this period.
• Judicial Oversight: The judge is required to verify this duration ex officio (on their own initiative). If the marriage duration is less than one year, the case will automatically proceed as a contentious divorce under Article 166/I.

2. Joint Application or Acceptance of the Divorce

• Joint Filing: Both spouses must submit a joint application to the court, clearly expressing their mutual agreement to divorce.
• Acceptance of Divorce: Alternatively, one spouse may file for divorce, and the other spouse must explicitly accept the petition. This acceptance can be declared anytime before the court's judgment is finalized.
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3. Personal Appearance Before the Judge

• Mandatory Hearing: Both spouses must appear in person before the judge, even if they are represented by attorneys. The judge must confirm that each spouse is acting out of free will and is not under duress or coercion.
• Verification of Consent: The judge has discretionary power to assess the sincerity of the spouses’ consent and may question them separately to determine their true intentions.

4. Agreement on Financial and Custodial Matters

• Divorce Protocol: The spouses must submit a written agreement (often referred to as a divorce protocol) outlining: 
  • The financial consequences of the divorce, including alimony and compensation.
  • Custody arrangements for any children, as well as visitation rights and child support.
  • Division of shared property or other financial disputes (optional but recommended).
• Judge’s Approval: The submitted agreement must be reviewed and approved by the judge. Any terms deemed unfair or detrimental to the spouse(s) or children may be amended by the judge, subject to the parties’ acceptance.

The divorce agreement is a unique family law contract that reflects the mutual will of the spouses. While it is broadly governed by the principles of private law, it has specific features that distinguish it from ordinary contracts:

1. Binding Nature: Once approved by the judge, the agreement becomes binding and enforceable as part of the divorce decree.
2. Mandatory Content: The agreement must address the financial and custodial consequences of the divorce. Failure to include these elements will render the uncontested divorce invalid.
3. Irrevocability: After judicial approval, the agreement cannot be unilaterally revoked unless one of the parties successfully challenges it on grounds such as fraud or coercion.

Uncontested divorce offers numerous benefits for spouses seeking to minimize conflict and expedite the dissolution of their marriage:

• Faster Resolution: The absence of contentious litigation allows for quicker court proceedings.
• Cost-Effective: Reduced court appearances and legal disputes translate into lower legal fees and overall expenses.
• Less Emotional Stress: The streamlined process minimizes confrontation, making it easier for both parties to move forward.
• Privacy Preservation: By avoiding public litigation, spouses can maintain greater confidentiality regarding the details of their separation.

While uncontested divorce is designed to simplify the process, certain challenges may arise:

1. Disagreements on Financial or Custodial Terms

If the spouses cannot agree on alimony, compensation, or custody arrangements, the court cannot grant an uncontested divorce. The case will then proceed as a contentious divorce.

2. Judge’s Rejection of the Agreement

The judge may find the divorce protocol unfair or contrary to the best interests of the children. In such cases, the agreement must be amended and reapproved by both parties.

3. Withdrawal of Consent

Either spouse may revoke their consent to the divorce at any time before the court’s decision is finalized, effectively converting the case into a contentious divorce.

Custody Arrangements

The custody of children is a critical aspect of uncontested divorce agreements. Courts prioritize the child’s best interests, and the following factors are typically considered:

• The child’s age and needs.
• The financial and emotional stability of each parent.
• The child’s preference (if old enough to express one).

Child Support (İştirak Nafakası)

• Mandatory Inclusion: Child support must be addressed in the divorce protocol. The non-custodial parent is required to contribute to the child’s expenses based on their financial capacity.
• Adjustments: The court may modify the amount of child support if it deems the agreed figure insufficient or excessive.

1. Alimony (Yoksulluk Nafakası)

• Alimony is typically awarded to the financially disadvantaged spouse to help them maintain their standard of living post-divorce.

2. Compensation

• The agreement may include provisions for material and moral compensation, particularly if one spouse has suffered financial or emotional harm due to the marriage.

3. Property Division

• Although property division is not a mandatory element of the divorce protocol, spouses may choose to address it to avoid future disputes.

The judge plays a critical role in ensuring that the divorce process adheres to the law and serves the best interests of all parties involved. Key responsibilities include:

• Verifying the validity of the marriage duration.
• Assessing the free will of the spouses.
• Reviewing and approving the divorce protocol.
• Making necessary amendments to protect the interests of the children or the financially weaker spouse.

• Drafting the Agreement: Consult an experienced family law attorney to draft a comprehensive divorce protocol.
• Filing the Application: Submit the joint application or individual petition (with the other spouse’s acceptance) to the Family Court.
• Court Hearing: Attend the court hearing in person to confirm your consent and agreement to the terms.
• Judicial Approval: Obtain the judge’s approval of the agreement and finalize the divorce decree.

Navigating the divorce process can be overwhelming, even in uncontested cases. At Lexin Legal, we understand the emotional and legal complexities involved in ending a marriage. Our experienced family law attorneys are committed to providing compassionate, personalized guidance to help you achieve a fair and efficient resolution.

Contact us today to schedule a consultation and take the first step towards a brighter future.