Uncontested Divorce Proceedings
An uncontested divorce is a divorce in which the spouses jointly decide to end their marriage and file for divorce on that basis.
What Are the Conditions for an Uncontested Divorce?
The Turkish Civil Code No. 4721 sets out the following conditions:
- The marriage must have lasted for at least one year. If the marriage has lasted for less than one year, the spouses cannot obtain an uncontested divorce and may end the marriage only by filing a contested divorce action.
- The spouses must agree on all financial and personal legal consequences of the divorce. Their agreement is recorded in an “uncontested divorce protocol.”
- Both spouses must attend the hearing, state before the court that they wish to divorce by mutual agreement, and confirm that they accept the protocol.
What Is an Uncontested Divorce Protocol?
An uncontested divorce protocol addresses important matters such as:
- which spouse will have custody of the children and when the other spouse will have personal contact with them;
- how property acquired during the marriage will be divided;
- the amount of any pecuniary and non-pecuniary compensation to be paid after the divorce; and
- the amount of spousal and child maintenance, if any.
The protocol may create significant financial and personal obligations for both spouses. Having it prepared with the assistance of a lawyer experienced in family law can help protect the parties’ rights. Legal advice is also important because the ability to bring a further divorce action on the same legal ground may be subject to statutory conditions and time limits.
Which Court Has Jurisdiction?
An uncontested divorce action is filed with the Family Court at the place where the spouses have resided together during the preceding six months. Where no Family Court exists, the Civil Court of First Instance hears the case in its capacity as a Family Court.
What Are the Legal Consequences?
Once the judgment becomes final, the marriage legally ends and the spouses’ marital obligations toward one another cease. The uncontested divorce protocol also becomes legally effective, and performance of the obligations set out in it may be demanded. Please contact us using the details on our contact page for information about our legal services concerning uncontested divorce proceedings.