WHAT IS AN UNCONTESTED DIVORCE IN TURKEY?

An uncontested divorce in Turkey refers to a legal process through which spouses mutually agree to terminate their marriage by submitting a divorce protocol to the court. This protocol, prepared within the framework of Turkish contract law, outlines the parties’ consensus on issues such as the dissolution of the marital property regime, child custody, alimony, and other related matters. Pursuant to Article 166/3 of the Turkish Civil Code, uncontested divorce in Turkey constitutes one of the general grounds for divorce where the marriage is considered to have irretrievably broken down and the continuation of the marital union is no longer sustainable for the parties.

The conditions for an uncontested divorce in Turkey are explicitly regulated by Turkish Divorce Law. In this context, the marriage must have lasted for at least one year, the parties must personally express their intention to divorce before the judge, and the proposed protocol must be deemed appropriate by the court. A prior mutual agreement between the parties significantly contributes to a faster, less costly, and less emotionally burdensome judicial process.

In practice, the spouses often obtain legal counsel to draft the divorce protocol in Turkey, which is then submitted to the court for approval. Uncontested divorce in Turkey is considered an effective legal method to dissolve the marital union, as it is based on mutual understanding and cooperation between the spouses and emphasizes a constructive approach to resolving familial disputes.

HOW DOES UNCONTESTED DIVORCE WORK IN TURKEY?

Uncontested divorce in Turkey refers to a legal procedure whereby spouses jointly decide to terminate their marriage and apply to the court with mutual consent. The first prerequisite for an uncontested divorce in Turkey is mutual agreement and cooperation between the parties. For the process to be successfully concluded, specific legal conditions and procedural steps must be met.

Below is a summary of the key stages of the uncontested divorce process in Turkey, offering a practical divorce guide for those seeking such legal resolution:

• Mutual Cooperation in the Uncontested Divorce Process in Turkey

The foundation of uncontested divorce in Turkey lies in the spouses’ mutual agreement to end their marital union through their free will. This consensus marks the beginning of a comprehensive process that not only involves legal consequences, but also has personal and social implications.

Agreement on critical issues such as property division, child custody, and alimony is essential for the smooth progression of the legal process. Unlike contentious divorce proceedings in Turkey, uncontested divorce is characterized by communication based on cooperation rather than conflict, and understanding rather than imposition.

When parties act with a reconciliatory approach and maintain constructive dialogue, the judicial process is expedited, and emotional distress is minimized. Therefore, uncontested divorce in Turkey should not be regarded merely as a legal mechanism, but as a process of cooperative engagement between spouses.

• Preparation of the Mutual Divorce Agreement in Turkey

In uncontested divorce procedures in Turkey, the spouses must prepare a written divorce agreement that sets forth their mutual agreement regarding all legal consequences of the divorce. This document includes not only the will to divorce but also their consensus on financial and parental responsibilities after the dissolution of the marriage. The divorce settlement agreement must comply with the relevant provisions of the Turkish Civil Code and must not contain any terms contrary to public order or general moral standards.

• Filing the Uncontested Divorce Case in Turkey

To formally initiate an uncontested divorce in Turkey, the spouses must jointly submit a petition for divorce along with the signed divorce agreement to the family court. This filing officially begins the divorce lawsuit in Turkey litigation phase. The petition must clearly state that both parties consent to the divorce and have reached agreement on all its consequences.

In addition to the divorce agreement, the petition should be accompanied by identification documents, marriage and civil registry records, and if applicable, information related to any children. Proper preparation and complete submission of these documents will facilitate an efficient and streamlined court process. Furthermore, it is necessary that the court fees and procedural costs be paid at the time of filing, to ensure that the case proceeds without delay.

• Property Division in Amicable Divorce in Turkey

In the amicable divorce process in Turkey, the spouses must reach an agreement regarding the division of assets acquired during the marriage. This includes the clear allocation of movable properties, real estate, bank accounts, vehicles, intellectual property rights, trademark rights, and other financial assets.

Under the provisions of the Turkish Civil Code regarding marital property regimes, the liquidation and distribution of acquired assets can be determined through mutual consent of the parties. The agreement concerning property division must be explicitly stated in the amicable divorce agreement and must not contain any illegal or unlawful provisions.

• Custody of Children in Consensual Divorce in Turkey

In cases where the spouses have minor children, they are required to reach an agreement that prioritizes the best interests of the children. This includes issues such as custody, visitation rights, and financial support for the children.

The parties should mutually determine who will be granted custody, the nature and frequency of visitation by the non-custodial parent, and how expenses related to the children’s education, health, and care will be covered. These arrangements must both support the psychosocial development of the children and be in compliance with public order and legal regulations.

• Alimony and Compensation in Consensual Divorce in Turkey

Alimony in Turkey refers to the financial support provided by one spouse to the other following divorce and includes various types under the Turkish Civil Code, such as spousal maintenance (poverty alimony), child support, and temporary (precautionary) alimony. Divorce compensation in Turkey is the payment made by the at-fault spouse to the other for the material and/or moral damages caused by the divorce.

In the consensual divorce agreement in Turkey, the parties must explicitly state the amount, payment method, and duration of alimony. If a claim for material or moral compensation is made, its amount and terms of payment should also be clearly outlined. Additionally, other financial obligations, such as costs related to the care, health, and education of joint children, must be defined in detail to prevent future disputes and to safeguard the best interests of the children.

• Court Approval of the Consensual Divorce Agreement in Turkey

In a consensual divorce in Turkey, the divorce agreement executed between the parties is subject to court approval. When reviewing the divorce settlement agreement, the court not only examines whether the parties have expressed their will freely but also assesses whether the terms of the protocol comply with public order, general moral standards, and especially the interests of the weaker party, which often includes children and women.

Accordingly, the judge is obliged to evaluate the divorce agreement prepared by the parties to ensure it does not contradict public interest or ethical norms. Any provisions contrary to public policy or general morality will not be approved by the court and are considered invalid.

• Mandatory Attendance of the Parties at the Uncontested Divorce Hearing

In an uncontested divorce in Turkey, both spouses are required to personally attend the initial court hearing. This is essential for the judge to directly observe the parties’ free will and to determine whether they have voluntarily accepted the terms outlined in the divorce agreement.

During the hearing, the parties must explicitly declare their intention to divorce and confirm before the court that they have signed and accepted the divorce agreement of their own free will. If this condition is not fulfilled, the court cannot grant a consensual divorce in Turkey.

• Issuance and Finalization of the Divorce Decree

If the court finds the uncontested divorce settlement agreement legally appropriate and confirms that both parties acted voluntarily, it will issue a divorce decree. The ruling becomes legally binding if no appeal (through the regional court of appeal) is filed within the statutory period. Upon finalization, the marriage is legally terminated, and all legal consequences of the divorce in Turkey take effect. The finalization also results in an official change in the civil status of the spouses, and the divorce is registered with the relevant civil registry office.

A consensual divorce in Turkey is an effective and practical legal method, especially when there is mutual agreement and constructive cooperation between the spouses. The process requires the parties to reach a full settlement on all legal consequences of the divorce and document this settlement through a written agreement. In this respect, a consensual divorce in Turkey is not merely a legal procedure but also a collaborative process that must be conducted with a shared sense of responsibility.

WHAT ARE THE CONDITIONS FOR CONSENSUAL DIVORCE IN TURKEY?

According to the Turkish Civil Law, the realization of a consensual divorce in Turkey depends on the fulfillment of certain conditions. The essential basis of these conditions is the free will of the parties and their agreement on all issues related to the termination of the marriage. The main conditions for consensual divorce are systematically explained below:

1- The Marriage Must Have Lasted at Least One Year

One of the fundamental conditions for uncontested divorce in Turkey is that the marriage must have lasted for at least one year from the official marriage date (Turkish Civil Code Article 166/3). This duration is taken into account ex officio by the court. Uncontested divorce cases filed before the completion of one year of marriage cannot be accepted as consensual divorce; instead, the provisions of contested divorce apply.

2- Joint Filing of the Divorce Petition or Mutual Acceptance of the Case

In the consensual divorce process in Turkey, the parties must either file the divorce petition jointly or one spouse must clearly accept the divorce case filed by the other. Such cases are accepted only if based on the general grounds for divorce. It is not possible to request consensual divorce on special grounds such as adultery or attempted murder.

3- Spouses Must Personally Declare Their Intent in Court

The parties are required to personally attend the hearing and freely declare their intention to divorce and acceptance of the terms in the amicable divorce agreement. These declarations are recorded by the judge. It is not possible to grant amicable divorce in Turkey solely based on written statements or through a legal representative. However, under legal provisions, the parties may be heard via the Audio and Visual Information System (SEGBİS). If one party refuses to confirm the divorce agreement at the hearing or withdraws their consent, the consensual divorce case will convert into a contested divorce. This situation is documented in the hearing record.

4- Agreement on Financial Matters

The parties must have reached an agreement on the financial consequences of the divorce, including material and moral compensation and alimony. This agreement must be approved by the judge and clearly stated in the divorce settlement agreement. It is also possible to explicitly waive any further claims beyond those mentioned in the agreement. However, amicable divorce in Turkey cannot proceed if claims for compensation or alimony are reserved or disputed.

5- Agreement Regarding Joint Children

If the marriage has produced joint children, the parties must agree on issues concerning child custody in Turkey, visitation rights (personal relations), and financial support. These arrangements must be made based on the best interests of the child and are subject to the court’s supervision.

In this context, agreement is required on three main areas regarding the children:

• Child Support: The financial obligation for the child’s material needs must be determined.
• Custody: The parties must agree on which parent will have custody of the child.
• Visitation Rights (Personal Relations): The frequency and scope of the child’s contact with the non-custodial parent must be established.

These arrangements are reviewed by the judge with the child’s best interests as the priority. If the divorce agreement contains provisions that conflict with public order, the court may propose modifications and require the parties to restructure the agreement.

If custody is granted to one parent via the mutual divorce agreement in Turkey, and the other parent unlawfully takes the child abroad without consent, the custodial parent may request the return of the child under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In such cases, it is important to seek legal assistance from an attorney specializing in international child abduction in Turkey.

6- Judge’s Approval of the Divorce Agreement

Finally, the financial and child-related agreements between the parties must be approved by the judge. When reviewing the consensual divorce settlement agreement in Turkey, the judge assesses compliance with public order, protection of the parties’ rights, and the best interests of the children.

If the agreement is incomplete, insufficient, or unlawful, the judge has the authority to suggest necessary amendments. If the parties accept these suggestions, the case can conclude as an uncontested divorce in Turkey. Otherwise, the case will revert to a contested divorce process.

HOW TO FILE A CONSENSUAL DIVORCE CASE IN TURKEY?

If the conditions for uncontested divorce in Turkey are met, certain steps must be followed to file the case properly.

1. Preparation of the Consensual Divorce Agreement: The spouses prepare a written divorce agreement (protocol) demonstrating their mutual consent on financial matters (alimony, material and moral compensation, division of property), child-related arrangements (custody, visitation, child support), and other relevant issues. This protocol must be signed freely by both parties and comply with the provisions of the Turkish Civil Code.
2. Filing the Uncontested Divorce Case with the Court: The divorce petition, together with the prepared divorce agreement, is submitted to the competent family court through the judicial registry office. The case is registered and the procedural steps begin.
3. Payment of Court Fees and Advance Costs: To initiate the uncontested divorce case in Turkey, a fixed court fee and an advance payment for court expenses must be paid. These payments are mandatory for the case file to be processed, and the details are specified on the assignment form.
4. Official Opening of the Uncontested Divorce Case in Turkey: Once the fees are paid, the case is officially opened. The registry office assigns the case to the relevant family court, and the file receives a principal number.
5. Preparation of the Procedural Order: The court reviews the case file and prepares a procedural order, scheduling the hearing date and notifying the parties. If the judge identifies missing or incomplete documents, the parties are given a deadline to submit the necessary documents.
6. Submission of the Original Divorce Agreement to the Court: If the original signed divorce agreement was not submitted at the time of filing, it must be delivered to the court by the hearing date.
7. Personal Attendance at the Hearing: Both parties are required to attend the first hearing personally. At the hearing, they must clearly declare that they prepared the divorce settlement agreement of their own free will and accept its contents. The judge listens to the parties and confirms that their consent is given freely and that the agreement complies with the law.
8. Issuance of the Divorce Decree: If the court finds no legal impediments, it approves the parties’ agreement and grants the amicable divorce in Turkey.
9. Finalization of the Divorce Decision: The reasoned decision is notified to the parties. If neither party files an appeal within the legal timeframe (two weeks), the decision becomes final. Upon finalization, the marriage is legally terminated, and the divorce is recorded in the population registry.

These steps constitute the essential procedural framework for initiating and completing a uncontested divorce in Turkey properly. The most important consideration throughout this process is that the parties express their divorce intention freely, consciously, and without pressure. The validity of a consensual divorce in Turkey depends on the parties reaching a genuine agreement and clearly declaring this agreement before the court.

WHERE TO FILE A CONSENSUAL DIVORCE CASE IN TURKEY?

The primary and fundamental answer to the question of where to file a consensual divorce case in Turkey is that the case must be filed in the competent and authorized court. According to the Turkish legal system, under the general jurisdiction rule, a consensual divorce case can be filed either at the family court of the residence of one of the spouses or at the family court of the place where the spouses have been living together for the last six months (Code of Civil Procedure Art. 6 and Turkish Civil Code Art. 168).

However, if both parties mutually agree, it is also possible to file a consensual divorce case at any family court anywhere in Turkey. In other words, if there is clear consent between the parties on this matter, no objection regarding territorial jurisdiction will be accepted.

Regarding subject-matter jurisdiction, the authorized court for consensual divorce cases is generally the family court. If a family court has not been established in the relevant jurisdiction, then the civil court of first instance will hear the case in the capacity of a family court.

Therefore, for the consensual divorce process in Turkey to proceed properly and in accordance with the procedure, it is crucial to correctly determine both the competent and authorized court. Any mistake in this regard may lead to the dismissal of the case on procedural grounds or cause delays in the process.

HOW LONG DOES AN UNCONTESTED DIVORCE CASE TAKE IN TURKEY?

The question of how long an uncontested divorce case takes in Turkey shows that the process can conclude in a relatively short time due to the parties’ swift and cooperative approach. Consensual divorce cases, when the conditions for consensual divorce are met and the application is properly submitted, are generally decided in a single hearing in Turkey. However, the duration may vary depending on factors such as the court’s workload, the preparedness of the parties, and the completeness of the documents.

The average timeline for a consensual divorce case in Turkey is as follows:

• Filing the Consensual Divorce Petition and Scheduling the Hearing: After the petition and the consensual divorce settlement agreement are submitted to the court, the court usually issues a scheduling order within about one week, setting the hearing date and notifying the parties.
• Hearing and Divorce Decision: If the parties personally attend the first hearing, freely express their intention to divorce, and the judge finds the divorce agreement appropriate, the court issues the divorce decision in the same session.
• Preparation of the Reasoned Judgment: The court generally writes the reasoned judgment within 15 to 20 days after the hearing. Once the reasoned judgment is served to the parties, the appeal period begins.
• Appeal Period: After notification of the reasoned judgment, the parties have two weeks to file an appeal. If the parties do not wish to wait for this period, they may waive their right to appeal by submitting a petition to the court, enabling faster finalization of the decision.
• Finalization and Updating Civil Records: Once the divorce decision is finalized, the court sends the finalized judgment with the certification to the relevant Civil Registry Office, and the parties’ marital status is updated in the population records.

Taking all these steps into account, the typical duration of a consensual divorce case in Turkey ranges from 1 to 2 months. This period can be shortened further if the process is conducted efficiently, the parties are well-prepared, and supported by professional legal counsel in Turkey.

HOW TO PREPARE A CONSENSUAL DIVORCE PETITION IN TURKEY?

A consensual divorce petition in Turkey is a legal document through which married parties who wish to divorce formally express their intention to terminate the marriage and notify the court of the terms they have mutually agreed upon. This petition serves as the official request to the judiciary and forms the basis for initiating the amicable divorce process in Turkey.

The consensual divorce petition in Turkey must be prepared according to specific rules, similar to other lawsuit petitions. These rules specify the mandatory elements that must be included in the petition and are clearly regulated under Article 119 of the Turkish Code of Civil Procedure.

Article 119 of the Turkish Code of Civil Procedure – Contents of the Petition

The petition must include the following items:

a) Name of the Court: The full and accurate name of the court to which the petition is addressed must be clearly stated.

b) Identification Information of the Parties: The full names and addresses of both the plaintiff (petitioner) and defendant (respondent) must be clearly provided to identify the parties.

c) Plaintiff’s Turkish Republic Identification Number (T.C. Kimlik No): Personal identification details must be accurate and complete.

ç) Legal Representative or Attorney Information: If the parties have legal representatives or attorneys, their full names and addresses must also be included.

d) Subject Matter and Value of the Case: The subject of the divorce and, if applicable, the value of the property or assets involved must be indicated.

e) Facts Supporting the Claims: A clear and sequential summary of the facts on which the divorce claim is based must be provided. For example, the termination of the marital union and mutual agreement to divorce.

f) Evidence: The evidence supporting the parties’ claims must be clearly identified, such as the consensual divorce protocol, witness statements, or other documents.

g) Legal Grounds: The legal basis for the divorce and relevant legal provisions (e.g., provisions of the Turkish Civil Code related to divorce) must be stated.

ğ) Request: The specific and clear request from the court must be written. For example, “We request that the court issue a divorce decree by mutual agreement of the parties and approve the terms set forth in the attached protocol.”

h) Signature: The petition must be signed by the person preparing and submitting it (plaintiff or their attorney).

If there are deficiencies in elements (a), (d), (e), (f), or (g), the judge will grant the plaintiff a definitive one-week period to complete the missing information. If the deficiencies are not remedied within this period, the case will be considered as not filed.

Additionally, the petition must include a request that the court approve the conditions outlined in the attached consensual divorce agreement in Turkey. This request enables the court to review and, if appropriate, base the divorce decision on the agreed terms.

By doing so, the court formally acknowledges and enforces the parties’ agreement on issues such as alimony, property division, custody, and compensation. Failure to attach the agreement or to request the court’s approval of the protocol terms will hinder the proper procedural handling of the divorce case and may cause delays or incomplete rulings.

HOW SHOULD A CONSENSUAL DIVORCE AGREEMENT BE PREPARED IN TURKEY?

A consensual divorce agreement in Turkey is a fundamental document in which spouses mutually arrange and agree upon their rights and obligations arising after the divorce. This divorce agreement must comprehensively cover all consequences of the divorce, including property division, alimony, custody, child support (participation allowance), and personal relations with the children.

The most essential answer to the question of how to file an uncontested divorce case in Turkey is that the process must begin with a properly prepared divorce agreement in accordance with procedural rules. In this context, a copy of the protocol must be submitted to the court together with the petition, and the original signed document must be presented to the court file no later than the day of the hearing.

For the consensual divorce settlement agreement to be valid in Turkey, it must be prepared by the parties’ free will and its content must comply with the provisions of the Turkish Civil Code. The court examines the protocol both formally and substantively, giving special attention to issues concerning the best interests of the children and public order.

Legally, a divorce settlement agreement in Turkey can only be prepared once the divorce intention is definite — that is, when the parties have agreed to end the marital union and are about to file an uncontested divorce case in Turkey. Any protocol prepared before the divorce is finalized is legally invalid and not binding. This is because the divorce process can only be concluded by a court decision, and matters concerning public order cannot be preemptively settled by private agreements.

Therefore, it is not legally possible to prepare an amicable divorce agreement through pre-nuptial agreements or other marital contracts before divorce or to predetermine the terms of a future divorce. Even if such arrangements are made, they will not be considered by the court in any divorce case opened later.

• Mandatory Elements That Must Be Included in an Uncontested Divorce Agreement in Turkey

For a mutual divorce agreement to be valid in Turkey, it must contain certain mandatory elements and be drafted in compliance with the Turkish Civil Code. The judge reviews these fundamental elements within the protocol to verify that the conditions for consensual divorce are met and that the parties’ consent is given freely.

Below are the mandatory elements that must be included in a consensual divorce agreement in Turkey:

1. Title and Identification of the Parties: At the beginning of the protocol, the document’s title should clearly state “ Divorce Settlement Agreement.” This should be followed by the full names, Turkish ID numbers (T.C. Kimlik No), addresses, and, if possible, contact information of the parties.
2. Divorce Request and Grounds: The parties must explicitly state their intention that the marital union has fundamentally broken down and that continuing their life together is impossible. For example:
   “It has been agreed that due to severe incompatibility between the parties, the marital union has fundamentally broken down and continuing the shared life is no longer sustainable.”
3. Children’s Situation: If there are children from the marriage, the mutual divorce agreement must include clear and enforceable provisions regarding which party will have custody, the amount and payment method of child support (participation allowance), and the arrangement of personal contact with the other parent.
4. Property Division and Compensation: The mutual divorce agreement in Turkey should specify how the property acquired during the marriage will be divided, as well as any claims for material and moral compensation. The parties should explicitly state whether they waive compensation claims or how such claims will be settled.
5. Alimony Arrangements: Whether one party requests spousal support (alimony), and if so, the amount, payment periods, and duration must be detailed. Both parties’ statements on this matter should be included.
6. Arrangements Regarding Debts and Assets: The divorce agreement should clarify which party will assume or share any joint or individual debts and assets accumulated during the marriage.
7. Division of Movable and Immovable Property: If applicable, the divorce agreement must clearly state which party will own movable property (household items, vehicles, etc.) and immovable property (real estate such as houses or land) within the scope of Turkish Property Law, including how title transfers or delivery will be carried out.
8. Signatures and Date: At the end of the divorce agreement, the full names, handwritten signatures, and the date of signing by both parties must be included. This is essential for the validity and legal binding effect of the document.

• Optional Matters That Can Be Included in a Consensual Divorce Settlement Agreement in Turkey

A consensual divorce agreement in Turkey may include not only the mandatory consequences of divorce but also various optional matters mutually agreed upon by the parties. Such arrangements help structure post-divorce relations more clearly and prevent possible disputes.

Below are some common optional provisions that may be added to the uncontested divorce agreement in Turkey in practice:

1. Agreement on the Divorced Woman Using the Husband’s Surname: The divorced woman’s continued use of the husband’s surname after divorce depends on the husband’s consent. This agreement regarding the surname must be included in the protocol and approved by the court. Once approved, the divorce agreement becomes a court order and should be implemented as is by the population registration offices.
2. Agreement on Loan Debt Payment: The parties may agree in the mutual divorce agreement on how to pay any ongoing loan debt or mortgage debt on jointly owned real estate. This involves undertaking to pay the remaining installments of a loan taken during the marriage. Such an internal assumption contract is referred to as a “debt assumption” agreement.
3. Agreement on Transferring Real Estate: It is possible in an uncontested divorce in Turkey to make agreements on the liquidation of property acquired during the marriage. Parties commonly agree to transfer real estate either to each other or to their children. If the title deed transfer is not made in accordance with the agreement, a lawsuit can be filed for cancellation and re-registration in their name. In such cases, support from a real estate lawyer in Turkey is advisable.
4. Division of Inherited Property: Property obtained through Turkish inheritance law generally does not fall within the regime of participation in acquired property and is therefore not divided during property regime liquidation. However, if the parties explicitly agree to share inherited property in the consensual divorce agreement, this provision will be valid and division will be done accordingly. It should be noted that if inherited property is subject to division in the protocol, other heirs may file lawsuits for fraudulent conveyance or abuse of power of attorney. Importantly, a divorce agreement is not a will; it can only regulate property that has already passed to the heirs. In such disputes, legal support from an inheritance lawyer in Turkey is critical.
5. Agreement on Rent Payment: Married couples with children often include provisions regarding the payment of rent and dues for the house where the children will live in the consensual divorce agreement in Turkey. These provisions are binding, and failure to comply may lead to enforcement proceedings. The occurrence of divorce does not affect tenant rights in Turkey such as rent determination, eviction waivers, rent increase rates, or objections to rent increases, nor can tenant eviction be requested solely due to divorce. In such cases, consulting a tenancy law attorney in Turkey is recommended.
6. Confidentiality Agreement: The parties may agree not to disclose personal information, reasons for divorce, financial and private life matters related to the divorce process and thereafter to third parties. They undertake to avoid statements damaging each other’s reputation and to keep details of the divorce protocol confidential. This clause creates a special obligation between the parties, and legal liability may arise in case of violation of personal data law in Turkey.

A consensual divorce settlement agreement in Turkey must be drafted and signed freely by both parties. Since this document aims not only to expedite the divorce but also to orderly and permanently terminate the legal relationship between the parties, it is crucial that it be reviewed by both parties’ legal representatives.

If the mutual divorce agreement in Turkey is properly, clearly, and reasonably drafted in compliance with the law in Turkey, the judge will conduct only a formal compliance check and approve it unless it violates public order or the best interests of the children. However, a faulty or incomplete protocol can cause legal disputes or rights losses later. Therefore, careful and diligent preparation of the agreement is of great importance for the healthy conduct of the process.

• Judicial Intervention in Consensual Divorce Agreements in Turkey

In consensual divorce cases in Turkey, the judge reviews the agreement prepared by the parties not only for formal compliance but also for its conformity with the law and public order. Within this scope, the judge is particularly responsible for examining the protocol in terms of the best interests of the children, public order, and whether there is a clear mutual consent between the parties.

1. The Judge’s Authority to Intervene in the Divorce Agreement and the Right to Make Suggestions

If the judge finds any incomplete, ambiguous, or doubtful provisions regarding enforceability in the protocol, they may offer corrective suggestions to the parties. If the parties accept these suggestions, the consensual divorce agreement can be revised and a consensual divorce decree may be issued. However, if the acceptance or waiver statements are conditional, a legally valid agreement will not be formed, and thus a consensual divorce decree cannot be granted. It is essential that the parties’ wills are clear, unconditional, and mutual.

Issues concerning public order, especially those that cannot be left to the parties’ discretion, are considered invalid if regulated by the agreement and will not be approved by the court. For example, in cases involving insults, fraud, or violence, precautionary measures to prevent domestic violence in Turkey cannot be settled solely by agreement between the parties in the protocol. Such measures are governed by Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women and relate directly to public order.

2. Areas Where the Judge Cannot Intervene

Although the judge has authority to review the divorce settlement agreement in Turkey, some matters cannot be decided ex officio without statements from the parties. These limitations can be summarized as follows:

• Alimony (Maintenance) Orders: If not included in the protocol, the judge cannot order alimony ex officio.
• Personal Relationship Arrangements: The court cannot directly determine the child’s personal relationship with the other parent without the parties’ declarations.
• Interest Provisions: If the divorce agreement does not explicitly regulate interest, the judge cannot add interest to payment obligations.
• Custody: The judge cannot unilaterally decide on custody without the parties’ agreement.

These limitations emphasize that amicable divorce in Turkey depends on the parties’ mutual will and that the submitted protocol binds the court.

3. Procedural Obligations of the Court

For a divorce decree to be issued, the judge must also perform the following procedural checks:

• Ensuring that the records and documents subject to the divorce agreement have been submitted to and examined by the court file,
• Confirming that the consensual divorce agreement contains enforceable, clear, and definite provisions,
• Explaining points where disputes may arise to the parties and reconfirming their declarations of will.

Within this framework, the judge’s role is not limited to supervision but also includes a guiding function aimed at ensuring the legal security of the parties. For the consensual divorce in Turkey to achieve its purpose, the protocol must reflect the parties’ wills and contain clear, reviewable, and enforceable provisions.

PROPERTY DIVISION IN UNCONTESTED DIVORCE PROCEEDINGS IN TURKEY

In uncontested divorce proceedings in Turkey, the arrangements related to the division of property can be freely determined by the mutual consent of the parties. Spouses are obligated to clearly state the procedures and principles concerning the division of assets acquired during the marriage in the consensual divorce settlement agreement in Turkey. These arrangements are reflected in the court’s decision upon approval of the protocol and acquire binding legal effect.

In a consensual divorce in Turkey, the property subject to division is not limited to movable and immovable assets. All economic values acquired by the spouses during the course of the marriage may be included. Within this scope, commercial assets such as company partnership shares in companies established in Turkey, shares regulated under Turkish Commercial Law, and employee’s receivables arising under Turkish labor law (such as wrongul termination pay, severance pay, notice compensation, overtime pay, and unused annual leave compensation upon termination of employment in Turkey) can also be considered in the liquidation of the marital property regime. Additionally, rights arising from maritime employment, sportsmen receivables, and similar professional entitlements may also be relevant.

If the parties reach an agreement regarding the division of assets and this agreement is approved by the court and incorporated into the divorce judgment, a separate lawsuit for the liquidation of the marital property regime regarding the same assets cannot be filed later. This is because, legally, a dispute that has been resolved between the parties cannot be re-litigated.

However, in practice, due to divorce agreements that are incomplete, incorrect, or contain vague language, the arrangements for property division may not always be clear or enforceable. Such deficiencies may lead to legal uncertainty between the parties, potentially resulting in the need for a separate lawsuit concerning the liquidation of the marital property regime in Turkey.

If the divorce agreement in Turkey contains provisions regarding the transfer of immovable property between the parties—such as the transfer of real estate to one spouse or to a third party—the court must examine these provisions. If the terms are found to be clear and enforceable, the court should issue a judgment that enables direct registration. These court decisions are enforceable before the Land Registry Directorate in Turkey and allow the direct execution of title deed transfers.

WOMEN’S RIGHTS IN AN AMICABLE DIVORCE IN TURKEY

The process of amicable divorce in Turkey is based on the mutual agreement of the spouses concerning all legal outcomes of the termination of marriage. In this process, it is especially important for women to be fully informed about their rights and to ensure these rights are clearly stated in the divorce agreement. Since the court decision in an amicable divorce in Turkey becomes final and binding upon confirmation, it is generally not possible to challenge or revise the outcome retroactively through new legal proceedings.

Therefore, a woman must explicitly and clearly state the following rights and claims in the amicable divorce agreement in Turkey, ensuring they are enforceable:

• Claim for spousal alimony (also referred to as poverty alimony)
• Material and moral compensation claims
• Demands regarding property division and asset transfers (e.g., registration of real estate in her name or the right to initiate a partition lawsuit for jointly owned property)
• Custody rights and child support (participation alimony)
• Claims for jewelry and traditional bridal property
• Personal property claims and similar ownership-based demands

These claims must be set out clearly in the protocol and must be approved by the judge to become part of the enforceable divorce judgment.

In conclusion, an amicable divorce in Turkey is not just a mutual agreement between spouses but also a legally binding arrangement that defines all consequences of the divorce. Therefore, it is crucial for women to proceed with awareness of their legal entitlements and to seek the guidance of a legal professional. This ensures protection of rights and prevents irreversible losses in the future.

WHAT HAPPENS IF THE TERMS OF AN UNCONTESTED DIVORCE IN TURKEY ARE NOT FOLLOWED?

In an uncontested divorce in Turkey, the divorce agreement represents the written agreement between the spouses and gains legal enforceability upon court approval. Once the family court reviews and approves the protocol, it incorporates its terms into the reasoned divorce judgment. Therefore, the divorce agreement becomes not merely a mutual understanding but a court-enforceable decision.

As a result, if either party fails to fulfill obligations stated in the uncontested divorce protocol—such as payment of alimony or compensation, property transfer, or registration of real estate ownership—the other party may seek legal remedies through the courts to enforce their rights.

Legal actions that may be taken in case of non-compliance with an uncontested divorce decree in Turkey include:

• Title Cancellation and Registration Lawsuit: If one spouse fails to transfer a real estate property as agreed, the other spouse may file a lawsuit to enforce the title transfer. If the court judgment does not directly order the registration, the market value of property may be claimed instead.
• Debt Recognition Lawsuit: If financial obligations between the spouses are unclear, the court may be asked to determine the exact amount owed.
• Compensation Lawsuit: The party who suffers financial or emotional harm due to breach of the agreement may claim damages.
• Negative Declaratory Action: If a spouse disputes the existence of a claimed debt and has been subjected to wrongful enforcement proceedings, they may file this action.
• Performance Lawsuit (Obligation Lawsuit): Filed to enforce the execution of obligations specified in the mutual divorce agreement, such as payments or property transfers.
• Annulment of Objection in Enforcement Proceedings: If an objection is raised against execution process for alimony or compensation, the creditor spouse may file this lawsuit to remove the objection.

Because a divorce aggrement approved in an uncontested divorce in Turkey is enforceable as a court judgment, violations of its terms can lead to serious legal consequences. Therefore, it is crucial to draft the protocol carefully and seek proper legal recourse in case of any breach to avoid loss of rights.

CAN AN UNCONTESTED DIVORCE IN TURKEY BE FILED WITHOUT A LAWYER?

Filing an uncontested divorce in Turkey does not legally require the involvement of a lawyer. However, there are several important points that parties should carefully consider if they wish to proceed without legal representation:

• Proper and Complete Drafting of the Divorce Agreement: Without the support of a lawyer, the uncontested divorce settlement agreement in Turkey must be prepared in full compliance with Turkish law. It must clearly outline all required elements and address the rights and obligations of both parties. Otherwise, the court may reject the protocol, or legal issues may arise later.
• Mandatory Personal Attendance at the Hearing:  In uncontested divorce cases, both spouses are required to appear personally before the family court on the hearing day. Representation by an attorney alone is not sufficient.
• Submission of Documents to the Court: The petition for divorce, the divorce agreement, and any other necessary documentation must be correctly prepared and submitted by the parties. Proper and complete paperwork is essential to avoid delays or rejections.
• Payment of Court Fees and Expenses: Court fees and other costs must be paid when filing the case. The parties need to be informed of these expenses and ensure timely payment to prevent processing issues.
• Filing with the Competent Court: It is critical to file the case with the correct family court to avoid dismissal. Under general jurisdiction rules, the family court located in either spouse’s place of residence or where they last resided together for at least six months is authorized. Alternatively, if both parties agree, they may file the divorce in any family court in Turkey.

While it is legally possible to file an uncontested divorce in Turkey without a lawyer, a lack of legal knowledge or experience may result in errors, delays, or the loss of important rights. Therefore, obtaining legal advice and proceeding with the assistance of a qualified uncontested divorce lawyer in Turkey is strongly recommended to ensure the process runs smoothly and securely.

HOW MUCH DOES AN UNCONTESTED DIVORCE IN TURKEY COST?

During the process of filing an uncontested divorce in Turkey, certain mandatory legal expenses must be covered to ensure the validity and smooth progress of the proceedings. These expenses include both court-related fees and, if applicable, attorney fees. The main cost components involved in the process are outlined below:

• Fixed Court Fees and Advance Payments: Uncontested divorce cases in Turkey are subject to fixed court fees. This fee must be paid at the time of filing the lawsuit. Additionally, an advance payment is required to cover expenses such as notifications, postal charges, potential expert fees, and other procedural costs. These payments are essential for the registration and continuation of the case.
• Power of Attorney for Legal Representation: If the parties choose to proceed through a lawyer, a notarized power of attorney must be issued in favor of the attorney. The cost of obtaining this document is a separate notarial expense.
• Attorney Fees: As of 2025, the Minimum Attorney Fee Schedule issued by the Turkish Bar Association sets the minimum attorney fee for an uncontested divorce in Turkey at 30.000 TRY. This is the minimum fee guideline—actual fees may be higher depending on the complexity of the case, the scope of legal services provided, and any agreement made between the client and the attorney.

It is essential that all fees and costs related to the uncontested divorce process in Turkey be paid on time to avoid delays or procedural issues. Moreover, attorney fees and other legal expenses may vary depending on the specific circumstances of the divorce, such as the terms of the protocol, division of property, or child-related arrangements. For a clear understanding of the total cost and to avoid unforeseen legal complications, it is strongly recommended to consult a qualified divorce attorney in Turkey.

IS IT POSSIBLE FOR FOREIGN NATIONALS TO FILE A CONSENSUAL DIVORCE IN TURKEY?

It is legally possible for foreign nationals to file a consensual divorce in Turkey. However, the process is subject to specific procedural rules and principles of Foreigners Law in Turkey. Under Turkish law, uncontested divorce is regulated by Article 166/3 of the Turkish Civil Code, which requires that; the marriage must have lasted at least one year, both parties must agree on the divorce and its consequences, the spouses must either apply jointly or one must accept the other’s claim, and both parties must appear in person at the hearing.

The applicable law in divorce cases involving foreign nationals is determined in accordance with the provisions of the Turkish Private International and Procedural Law. According to Article 14, in divorce and separation cases, the common national law of the spouses applies first; if there is no common nationality, the law of their common habitual residence applies; and if that is also absent, Turkish law is applied. It is also possible for the parties to expressly choose Turkish law to govern their divorce.

During the uncontested divorce process in Turkey, immovable properties acquired by foreign nationals in Turkey can also be included in the divorce agreement. In this context, immovable properties, movable assets, company shares, and other property acquired by foreign spouses within the scope of their marital union in Turkey may be subject to division through mutual agreement. The parties can clearly specify in the protocol to whom these assets will belong. If these arrangements are found appropriate by the court, they may become legally binding with the divorce decree.

In the uncontested divorce process in Turkey, the documents to be submitted (such as marriage certificates, identification documents, address proofs, etc.) must be presented along with their sworn translations into Turkish and must be notarized. Additionally, the uncontested divorce agreement must be prepared in compliance with Turkish law and signed personally by the parties.

In conclusion, it is legally possible for foreign nationals to file for uncontested divorce in Turkey. However, due to the parties having different nationalities, the involvement of international elements in the marital property regime, and residency permit regulations, it is important to seek legal counsel from an English speaking lawyer in Turkey.

THE IMPORTANCE OF LEGAL SUPPORT IN AN UNCONTESTED DIVORCE CASE IN TURKEY

Obtaining legal support in an uncontested divorce case in Turkey is very important. Any mistake made in the settlement agreement or during the court proceedings can lead to significant loss of rights. Therefore, the role of a lawyer in the consensual divorce process in Turkey is highly valuable and important from various perspectives.

• Legal Knowledge and Experience: Lawyers are well-versed in legal procedures and formal requirements. They assess the conditions of the consensual divorce in Turkey and choose the most appropriate course of action.
• Documentation and Agreement Preparation: Lawyers prepare the necessary documents for the case, including the petition and all other paperwork related to the parties. This is crucial for the case to start correctly and to avoid delays.
• Protection of Parties’ Legal Rights: Lawyers ensure that arrangements regarding alimony, property division, compensation, custody, and child-related matters are made in the most favorable way for their clients.
• Proper Drafting of the Agreement: Lawyers know the mandatory elements that must be included in the agreement and ensure that the parties’ rights are protected. This prevents legal gaps or errors.
• Acceleration of the Legal Process: With the guidance of a lawyer, the legal process proceeds more quickly. Tasks such as organizing the necessary documents, submitting applications, and scheduling court hearings happen faster thanks to the lawyer’s experience.
• Mediation Between the Parties: Lawyers can mediate to help the parties reach an agreement with mediation process. This facilitates a smoother and quicker uncontested divorce process.
• Balanced Agreement: A lawyer ensures that the agreement is balanced between the parties, which helps reduce future disputes.
• Reduction of Legal Risks: Lawyers identify potential legal risks in the agreement and take measures to mitigate these risks. This helps prevent problems that could arise later.

In conclusion, the guidance of a lawyer in a consensual divorce case in Turkey is critically important for the process to proceed smoothly and fairly. Expert legal support from a divorce lawyer in Turkey is essential to protect the parties’ rights and achieve the best possible outcome.