Divorce cases, like all issues related to family and private life, are cases that require sensitivity and care. It is also important to manage the legal process well, as there are situations where decisions are made that will guide the future lives of the parties and the common children. In order for the parties to get through this process without being psychologically exhausted, it should be aimed to protect their interests at the highest level and to conclude the divorce process as soon as possible. Uncontested divorce cases also serve this purpose.
At this point, consensual divorce stands out as the fastest and least abrasive solution. So, what is an uncontested divorce, how is it done and what conditions are sought? You can find all the details in this guide.
What is an Uncontested Divorce?
There are two types of divorce cases in Turkish law: consensual and contested divorce cases. The reason for filing contested divorce cases is that the parties have not been able to reach a consensus on both divorce and other issues related to divorce. Issues on which no consensus can be reached; It can be alimony, power of attorney, compensation, or the divorce itself. In this case, the divorce case will be seen as contentious. Contested divorce cases take an average of 1-1.5 years.
Consensual divorce is a type of case in which the spouses terminate their marriage in a single hearing by agreeing on the dissolution of the marriage and all the legal consequences of the divorce. In an uncontested divorce, it is often possible for the parties to divorce in a single hearing. In addition, litigation costs and attorney's fees are lower in an uncontested divorce than in a contested divorce. For this reason, choosing an uncontested divorce also significantly saves time, effort, and costs and minimizes potential stress.
It is usually completed in a short time and does not include procedures such as listening to witnesses and presenting evidence that are experienced in contested divorces. The fact that the process is so practical provides great convenience to the parties.
Advantages of an Uncontested Divorce
- Time saving: It can be completed in a single session.
- Cost advantage: Attorney and litigation costs are lower.
- Psychologically easier: There is less tension between the parties.
- Healthier for children: The process is overcome without trauma.
What are the Conditions of an Uncontested Divorce?
With the consensual divorce case, the divorce of the spouses is subject to certain conditions. All of the following conditions must be met.
According to Article 166/3 of the Turkish Civil Code, the following conditions must be met:
- The marriage must have lasted at least 1 year.
- The spouses must file a lawsuit together or one of them must file and the other accepts.
- The parties must be heard in person in court.
- A protocol should be prepared on financial issues and the status of children.
Continuation of marriage for at least 1 year:
The legislator, who wanted to prevent very short-term marriages from ending easily in this way, stipulated that consensual divorce would be valid for marriages that lasted for at least 1 year. A period of 1 year from the date of civil marriage must be calculated. When the judge realizes that the 1-year period has not expired, he will dismiss the case without further examination. If the 1-year period has not yet expired on the date the lawsuit is filed, but it has expired on the date the judgment is made, the judge will still be able to decide on the divorce.
Spouses filing for divorce together or one of them accepting the divorce case filed by the other:
Spouses can request a divorce in court with a consensual divorce protocol and a joint petition to be prepared together. The second way is to accept the lawsuit filed by one of them on the terms filed by the other party.
Hearing of the parties in person by the judge:
A consensual divorce can take place by reconciliation based on the free will of the parties. Therefore, the judge must listen to the parties personally and be convinced that they have really and freely agreed on the terms of the divorce and the divorce written in the divorce protocol. It is not possible for the judge to decide on an uncontested divorce without listening to the parties. For this reason, the statements of the lawyers of the parties alone will not be sufficient, and the spouses will have to declare their will to divorce in front of the judge in person.
Approval by the judge of the divorce protocol, in which the parties agree on the financial consequences of the divorce and the status of the children:
The spouses must also agree on the financial consequences of the divorce and the joint status of their children. The parties can present the issues they have agreed on to the court with a written document they will prepare, or they can express them orally before the judge. In this case, the statements of the parties are recorded in the minutes and signed by the parties.
However, the agreement of the parties is not enough for the divorce to take place. The divorce protocol prepared by the spouses must be approved by the judge. The judge may make changes to the protocol when he deems necessary, taking into account the interests of the parties and the children. If the parties agree to these terms in the same way, the divorce takes place; If the parties do not agree to these terms, the judge cannot decide on a divorce. If the corrections made by the judge are not accepted by one of the spouses, the case continues as a contested divorce case.
What Should Be Included in the Divorce Protocol?
A divorce protocol is an agreement that specifies how the parties will act on all issues after the divorce.
The main issues that should be included:
- Custody and personal relationship with the child
- Alimony (poverty and participation)
- Pecuniary / non-pecuniary compensation
- Division of property (if any)
Clear, understandable and unambiguous expressions should be used in the protocol. Otherwise, there may be problems during or after the execution phase.
According to Article 166 of the Turkish Civil Code, in order for there to be a consensual divorce, the spouses must agree on two issues. These are the financial consequences of divorce and the status of joint children. The financial consequences of divorce relate to financial compensation and non-pecuniary damages, alimony and alimony, which spouses can claim from each other. It is not obligatory to add the issues related to precautionary alimony and property division to the protocol. However, making clear decisions on these issues will allow the parties to avoid dealing with these issues again and again after the divorce case.
Another point that should be included in the divorce protocol is the determination of which party will have custody of the children, the establishment of a personal relationship with the child by the spouse who does not receive custody, and the child support that will be paid. The judge must conclude that the parties have agreed on these matters regarding the children and financial issues with their free will. If the parties cannot reach a mutual decision on these matters, mutual divorce is not possible.
How Does the Uncontested Divorce Process Proceed?
- The protocol is prepared.
- The petition and the protocol are applied to the Family Court.
- On the day of the court, the parties attend the hearing in person.
- The judge listens to the parties and examines the protocol.
- The decision is made.
- The decision is communicated and becomes final if it is not appealed within 2 weeks.
What is the Competent Court in the Consensual Divorce Case?
Uncontested divorce cases are handled by Family Courts. In places where there is no Family Court, the Civil Courts of First Instance deal with these cases as Family Courts.
Competent court:
- Place of residence of one of the parties,
- Or it is the court of the place where the spouses lived together for the last six months before the date of the lawsuit.
Frequently Asked Questions About Uncontested Divorce
Is there a fault search in an Uncontested
Divorce?
No. An uncontested divorce is based entirely on reconciliation.
An uncontested divorce is not a form of fault-based divorce. In the breakdown of the marriage union, although none of the spouses acted at fault, they can terminate their marriage with their joint decisions. As in contested divorces, collecting evidence to prove the fault of the other party, listening to witnesses, etc., are out of purpose in consensual divorces. In this type of divorce, it is necessary and sufficient for the parties to jointly agree on the divorce and the legal consequences related to the divorce and for the judge to approve this agreement.
Is it necessary to arrange the division of property in an uncontested divorce?
No, but it is recommended to write it into the protocol.
In the consensual divorce protocol, spouses can divide property according to the rules they will determine. The Court of Cassation does not consider it obligatory for the spouses to decide on the division of property for an uncontested divorce. However, if the issue of property division is not clarified in the protocol or if the statements written in the protocol are incomprehensible and ambiguous, other lawsuits may need to be filed in the future. An individual inventory of the parties' property should be made and the issue of the division of property should be clarified in the protocol without any hesitation.
What happens if one of the parties appeals the decision?
The agreement is deemed to be broken, the case turns into a
contentious one.
If one of the spouses appeals, it prevents the divorce decision
from becoming final. If one of the parties takes the decision to
the higher court, it is clear that it breaks the agreement reached
by the spouses in the protocol. In this case, an uncontested
divorce is no longer possible. The case turns into a contested
divorce case.
When is the Uncontested Divorce case finalized?
In order for the divorce decision to become final, the court decision must be communicated to the parties. After the communiqué:
- If no objection is made within 2 weeks, the decision becomes final,
- If the parties waive their right to appeal or appeal, the decision becomes final at the end of the notification period.
Can the obligations be enforced before the decision is final?
For obligations other than alimony, the decision must be
finalized.
If the parties do not voluntarily fulfill their obligations agreed
in the divorce protocol, the divorce declaration must be put into
execution. However, court decisions on family law cannot be
enforced until they are final. Issues such as the payment of
compensation and the delivery of the child included in the
consensual divorce protocol are taken care of by judgment
enforcement proceedings. There is no need to wait for the
finalization of decisions in order to request the execution of
decisions on alimony; It is sufficient for the court to decide
If the case has been abandoned, can it be reopened?
Yes. The parties can file a new lawsuit and also rely on
previous events.
An uncontested divorce case can be abandoned until the decision is
final. After this waiver, a divorce case can be filed again due to
both the events before the uncontested divorce and the events after
this case. The Supreme Court does not consider waiving an
uncontested divorce as a form of amnesty.
Conclusion and Recommendation
Uncontested divorce is a form of divorce that is civilized, expeditious, and based on mutual understanding. However, in order for this process to proceed smoothly:
- The protocol should be carefully prepared
- Every issue should be clearly stated
- If necessary, professional legal support should be sought
Remember: A properly prepared consensual divorce protocol protects you from new lawsuits and loss of rights that will take a long time.
Originally published 10 April 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
