What Is an Uncontested Divorce in Turkey? Conditions, Agreement and Petition

Under Turkish divorce law, an uncontested divorce is the route by which spouses whose marriage has lasted at least one year agree on the divorce and its consequences, submit a signed divorce protocol to the family court and declare their will in person at the hearing. This protocol, prepared within the framework of Turkish contract law, outlines the parties’ consensus on issues such as child custody, alimony, compensation and, if the spouses wish, property division. Pursuant to Article 166/3 of the Turkish Civil Code, uncontested divorce in Turkey is available to spouses who mutually declare that the marital union has irretrievably broken down and that continuing the common life is no longer possible for them, and it constitutes one of the general grounds for divorce. Where the conditions are met, the marriage is deemed to have irretrievably broken down and the spouses do not have to prove fault or a specific ground.

The conditions for an uncontested divorce in Turkey are explicitly regulated by Turkish divorce law: the marriage must have lasted for at least one year, the spouses must apply to the court jointly or one spouse must accept the case filed by the other, the parties must personally express their intention to divorce before the judge, and the divorce 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, and the case is usually concluded in a single hearing.

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?

An uncontested divorce in Turkey works by the spouses agreeing on the divorce and its consequences, recording this agreement in a written protocol, filing it with the family court and personally confirming their will before the judge at the hearing. 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 fully met.

As with any divorce in Turkey, the process follows a step-by-step structure that works as a practical divorce guide for those seeking such a legal resolution. The key stages are as follows:

1. 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 involves not only legal consequences but also personal and social implications.

• Issues to Agree On: Agreement on critical issues such as property division, child custody and alimony is essential for the smooth progression of the legal process.
• Way of Communication: Unlike contentious divorce proceedings in Turkey, uncontested divorce is characterized by communication based on cooperation rather than conflict, and understanding rather than imposition.
• Effect of a Reconciliatory Approach: 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. Solution-oriented communication and constructive cooperation are indispensable for the success of the process.

2. 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 the 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.

3. Filing the Uncontested Divorce Case in Turkey

To formally initiate an uncontested divorce in Turkey, the petition for divorce must be submitted to the family court together with the signed divorce agreement. This filing officially begins the litigation phase of the divorce lawsuit in Turkey. The petition must clearly state that both parties consent to the divorce and have reached agreement on 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 in Turkey. Furthermore, the court fees and procedural costs must be paid at the time of filing to ensure that the case proceeds without delay.

4. Property Division in Amicable Divorce in Turkey

In the amicable divorce process in Turkey, the spouses may regulate the division of assets acquired during the marriage in the protocol; however, the liquidation of the marital property regime is not one of the mandatory elements required by Article 166/3 of the Turkish Civil Code. If the spouses have agreed on property division, the clear allocation of movable properties, real estate, bank accounts, foreign-sourced income, vehicles, intellectual property rights, trademark rights and other financial assets should be set out.

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. Where such an agreement is made, it must be explicitly stated in the amicable divorce agreement and must not contain any unlawful provisions; marital property claims not regulated in the protocol may be brought in a separate lawsuit after the divorce becomes final.

5. Custody of Children in Consensual Divorce in Turkey

Where the spouses have joint children, Turkish law requires them to agree on custody, personal relations (visitation) and the children’s financial needs, prioritizing the best interests of 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 comply with public order and legal regulations. The judge reviews child-related arrangements under Turkish law in light of the child’s best interests without being bound by the parties’ agreement.

6. Alimony and Compensation in Consensual Divorce in Turkey

Alimony in Turkey refers to regular financial support paid by one spouse to the other or to a joint child during or after the divorce, and the Turkish Civil Code provides for several types, such as spousal maintenance (poverty alimony), child support and temporary (precautionary) alimony. Divorce compensation in Turkey is the material and/or moral compensation paid by the at-fault spouse to the faultless or less at-fault spouse whose existing or expected interests were harmed or whose personality rights were violated by the divorce (Turkish Civil Code Art. 174). In a consensual divorce, the parties must have reached full agreement on these matters.

In the consensual divorce agreement in Turkey, the parties must explicitly state the amount, payment method, payment date, duration and annual increase rate 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.

7. 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 most often means the children.

Accordingly, the Turkish 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, and the judge may suggest the necessary amendments to the parties.

8. Mandatory Attendance of the Parties at the Uncontested Divorce Hearing in Turkey

In an uncontested divorce in Turkey, both spouses are required to personally attend the 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.

9. Issuance and Finalization of the Divorce Decree in Turkey

In Turkey, 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 is rendered once the judge is satisfied that the parties’ wills were freely expressed and that the protocol complies with the law.

The ruling becomes final if no appeal (through the regional court of appeal) is filed within the statutory period or if the parties waive their right to appeal; upon finalization, the marriage is legally terminated. All legal consequences of the divorce in Turkey then take effect, the civil status of the spouses officially changes 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 settlement on the 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?

Under Article 166/3 of the Turkish Civil Code, a consensual divorce in Turkey requires that the marriage has lasted at least one year, that the spouses apply jointly or one spouse accepts the other’s case, that the judge hears the parties in person, and that the judge approves the agreement on the financial consequences and the children. The essential basis of these conditions is the free will of the parties and their agreement on the issues related to the termination of the marriage. The main conditions are systematically explained below:

1. Is an Uncontested Divorce Possible in Turkey Before One Year of Marriage?

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). Under Turkish law, no consensual divorce decree under Article 166/3 can be issued for a marriage that has lasted less than one year. This duration is taken into account ex officio by the court and must be completed on the date the case is filed.

However, where the marriage has lasted less than one year, the spouses may only file a case based on a ground such as the irretrievable breakdown of the marriage (Turkish Civil Code Art. 166/1-2). In that case the spouses’ agreement on the consequences makes the process easier, but the Turkish judge investigates the ground for divorce without being bound by the parties’ admissions and may collect evidence where necessary. Cases filed before the completion of one year of marriage cannot be accepted as consensual divorce; instead, the provisions of contested divorce apply. Even if the one-year period is completed during the proceedings, the case cannot be concluded as a consensual divorce if the condition was not met on the filing date.

2. Joint Filing of the Divorce Petition or Mutual Acceptance of the Case in Turkey

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 ground for divorce; it is not possible to request consensual divorce on special grounds such as adultery or attempted murder. In practice, the plaintiff spouse files the petition and the defendant spouse fulfils this condition by signing the protocol and declaring acceptance of the case at the hearing.

3. Spouses Must Personally Declare Their Intent in a Turkish Court

Turkish law requires the parties to personally attend the hearing, freely declare their intention to divorce and confirm their 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 only through a legal representative.

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 and the proceedings continue under the general rules of Turkish divorce law.

4. Can Spouses Attend an Uncontested Divorce Hearing in Turkey via SEGBİS (Video Link)?

In Turkey, Article 149 of the Code of Civil Procedure allows the parties, upon request, to attend the hearing from where they are through the Audio and Visual Information System (SEGBİS), which provides simultaneous audio and video transmission; however, whether a statement taken this way satisfies the requirement in Article 166/3 of the Turkish Civil Code that the judge hears the parties in person depends on the assessment of the trial court. Participation via SEGBİS is arranged in Turkish courts upon the party’s request and the court’s approval, from the SEGBİS room of the courthouse where the party is located or, where the legislation permits, from the party’s own environment. As there is no settled case law of the Court of Cassation expressly accepting a SEGBİS statement as sufficient for this purpose, if SEGBİS is to be relied on, it should be confirmed in advance that the court will accept a statement taken this way.

By contrast, having a party heard by another court through letters rogatory, where that court records the statement and sends it to the trial court, does not mean that the trial judge heard the party in person. Likewise, a statement made by a spouse joining the hearing through a video call on a mobile phone is not regarded as a personal hearing in Turkish practice. Therefore, when planning the participation of a spouse who lives abroad or in another city, the availability of SEGBİS should be confirmed with the court in advance and, if that is not possible, the spouse should attend the hearing in person.

In its decision Court of Cassation 2nd Civil Chamber, Docket No. 2021/7601, Decision No. 2021/6759, dated 04.10.2021, the Chamber reversed, in the interest of law, an uncontested divorce decree issued in a file where the protocol had been signed by the parties’ lawyers rather than by the spouses, and where the plaintiff husband, who was in France, did not attend the hearing in Turkey but was reached by a video call on a mobile phone and his statement recorded. The Chamber stated that granting a divorce under Article 166/3 of the Turkish Civil Code without a protocol signed by the parties themselves and without the party being present at the hearing and heard in person by the judge was contrary to procedure and law. The protocol should therefore be signed by the spouses themselves and the statement given in person at the hearing.

5. Agreement on Financial Matters in Turkey

Under Turkish law, the parties to an uncontested divorce must have reached an agreement on the financial consequences of the divorce, including material and moral compensation and poverty 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. By contrast, the liquidation of the marital property regime is not a mandatory element in this context; the spouses may leave property division out of the protocol and bring it to a separate lawsuit.

6. Agreement Regarding Joint Children in Turkey

If the marriage has produced joint children, Turkish law requires the parties to agree on 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. 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 Turkish 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 the parties do not accept the judge’s suggestion, no consensual divorce decree can be issued and the case continues as contested.

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. Under Turkish law, taking or retaining a child abroad without the consent of the parent holding custody is classified as international parental child abduction. In such cases, it is important to seek legal assistance from an attorney specializing in international child abduction in Turkey.

7. Is Joint Custody Possible in an Uncontested Divorce in Turkey?

Although the Turkish Civil Code does not expressly regulate joint custody after divorce, the Turkish Court of Cassation accepts that, even where the common life has ended or the divorce has taken place, custody may be left jointly to the mother and father, provided that the spouses agree and the arrangement serves the child’s best interests. Joint custody can therefore be provided for in an uncontested divorce agreement. Where joint custody is agreed, the protocol should clearly regulate with which parent the child will live, how expenses will be shared and how important decisions will be made; the judge separately reviews the arrangement in light of the child’s best interests.

In its decision Court of Cassation 2nd Civil Chamber, Docket No. 2025/1901, Decision No. 2025/9923, dated 19.11.2025, the Chamber stated that where the common life has ended or separation has occurred, the judge may leave custody to one of the spouses or may also leave it jointly to the mother and father. This approach is the basis on which spouses in Turkey may agree on joint custody in an uncontested divorce protocol and the judge may approve it after reviewing it in light of the child’s best interests.

8. Judge’s Approval of the Divorce Agreement in Turkey

Under Turkish law, the financial and child-related agreements between the parties must also be approved by the judge. When reviewing the consensual divorce settlement agreement, 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 (Turkish Civil Code Art. 166/3). 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?

A consensual divorce case in Turkey is filed by submitting the protocol signed by the parties and the petition to the competent family court after paying the court fee and the advance on costs. If the conditions for uncontested divorce in Turkey are met, the following 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 and, if any, 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 them.
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 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 and the marriage is legally terminated; upon finalization, the divorce is recorded in the population registry.

These steps constitute the essential procedural framework for initiating and completing an uncontested divorce in Turkey properly. The validity of a consensual divorce in Turkey depends on the parties expressing their divorce intention freely, consciously and without pressure, and clearly declaring this agreement before the court.

1. What Documents Are Required for an Uncontested Divorce in Turkey?

The basic documents for an uncontested divorce case in Turkey are the petition, the uncontested divorce protocol bearing the parties’ handwritten signatures, and the parties’ identity documents. Since civil registry and marriage records can be obtained by the court through UYAP, the marriage certificate booklet is often not mandatory in practice, although some courts may request additional documents. The documents to be prepared before filing are as follows:

• Petition: A petition containing the mandatory elements under Article 119 of the Code of Civil Procedure and requesting approval of the protocol.
• Uncontested Divorce Protocol: Copies bearing the parties’ handwritten signatures, one for the court and one for each party.
• Identity Documents: Copies of the parties’ identity cards or passports.
• Power of Attorney: A notarized power of attorney if the case is filed through a lawyer.
• Translated Documents: For foreign parties, sworn translations of foreign-language documents and, where required, an apostille.
• Receipt of Fees and Advance: Proof of payment of the fixed court fee and the advance for notification and other costs.

2. Can an Uncontested Divorce Case Be Filed Online in Turkey (e-Devlet / UYAP)?

In Turkey, an uncontested divorce case can be filed without going to the courthouse through the UYAP Citizen Portal using an electronic signature or mobile signature. The petition and protocol are uploaded to the system, the court fee and advance are paid online, and the file is sent to the competent family court. However, online filing does not remove the requirement to attend the hearing in person, and the original protocol bearing handwritten signatures must still be submitted to the court by the hearing date at the latest.

3. Can Those Who Cannot Afford Court Costs Obtain Legal Aid in Turkey?

Under Turkish law (Article 334 of the Code of Civil Procedure), persons who cannot pay the litigation costs in whole or in part without significant hardship to themselves and their family may request legal aid, provided that their claims are not clearly unfounded. If legal aid is granted, the case can be filed without paying the court fee and the advance for the time being. Persons who cannot afford a lawyer may also apply to the legal aid office of the local bar association in Turkey.

Where to File a Consensual Divorce Case in Turkey?

In Turkey, a consensual divorce case is filed at the family court of the residence of one of the spouses or of the place where the spouses have lived together for the last six months before filing (Turkish Civil Code Art. 168; for the general jurisdiction rule, Code of Civil Procedure Art. 6). The primary answer to the question of where to file a consensual divorce case is that the case must be filed in the competent court with the proper territorial jurisdiction. Choosing the correct court is important for the case to be concluded without delay.

Since the jurisdiction rule in Article 168 of the Turkish Civil Code is not exclusive, if there is clear consent between the parties and the defendant spouse raises no objection, the case may also be heard by another family court anywhere in Turkey. In other words, if the parties agree on this matter, no objection regarding territorial jurisdiction will arise.

Regarding subject-matter jurisdiction in Turkey, the competent court for consensual divorce cases is generally the family court. If a family court has not been established in the relevant place, 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, it is crucial to correctly determine both the court with territorial jurisdiction and the court with subject-matter jurisdiction. Any mistake in this regard may lead to a decision of lack of jurisdiction or cause delays in the process.

How Long Does an Uncontested Divorce Case Take in Turkey?

An uncontested divorce case in Turkey is generally decided in a single hearing when the conditions are met and the application is properly submitted, and the total duration including finalization usually ranges from 1 to 2 months. The process can conclude in a relatively short time due to the parties’ swift and cooperative approach. 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:

1. Filing the Petition and Scheduling the Hearing: After the petition and the consensual divorce settlement agreement are submitted, the court usually issues a scheduling order within about one week, setting the hearing date and notifying the parties; the notification usually reaches the parties within a few days.
2. Hearing and Divorce Decision: If the parties personally attend the 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.
3. Preparation of the Reasoned Judgment: In practice, the court generally writes the reasoned judgment within 15 to 20 days after the hearing. Once the reasoned judgment is served on the parties, the appeal period begins.
4. Appeal Period: After notification of the reasoned judgment, the parties have two weeks to file an appeal (Code of Civil Procedure Art. 345). 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.
5. Finalization and Updating Civil Records: Once the divorce decision is final, the court adds the finality endorsement and sends the decision 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 parties are well prepared and the process is conducted with the support of professional legal counsel in Turkey.

1. When Does an Uncontested Divorce Decision Become Final in Turkey?

In Turkey, an uncontested divorce decision becomes final if no appeal is filed within two weeks from service of the reasoned judgment, or if all parties waive their right to appeal. The waiver can also be declared orally at the hearing; in that case the finality endorsement can be obtained without waiting for service of the reasoned judgment. If only one party has waived, the expiry of the appeal period must be awaited for the other party.

2. How to Obtain a Turkish Divorce Certificate (Finalized Divorce Decision)?

In Turkey, the divorce decision bearing the finality endorsement, which serves as proof of divorce, can be obtained from the registry of the court that issued it or through the UYAP Citizen Portal and e-Devlet once the decision is final. When the decision becomes final, the court notifies the civil registry office ex officio, and the registration of the divorce can be checked in the civil registry record available on e-Devlet. If the decision is to be used abroad, an apostille should be obtained on the original finalized decision and a sworn translation into the language of the destination country should be prepared.

3. Are Uncontested Divorce Cases Heard During the Judicial Recess in Turkey?

In Turkey, since divorce cases are not listed among the matters heard during the judicial recess in Article 103 of the Code of Civil Procedure, as a rule they are not scheduled for hearing during the recess (20 July – 31 August each year under Article 102). However, Article 103 lists actions concerning alimony, parentage and custody among the matters heard during the recess and also covers matters that the court, upon the request of a party, has decided to hear urgently; therefore, if a party requests urgency and the court accepts it, a hearing may take place during the recess. As practice varies among Turkish courts, it should be expected that hearings for cases filed in summer may be scheduled after the recess.

How to Prepare a Consensual Divorce Petition in Turkey?

A consensual divorce petition in Turkey is the statement of claim 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 agreed upon, and it must contain the mandatory elements under Article 119 of the Turkish Code of Civil Procedure. This petition serves as the official request to the judiciary and forms the basis for initiating the amicable divorce process in Turkey. Like other petitions, it must be prepared according to specific rules.

1. Contents of the Petition Under Article 119 of the Turkish Code of Civil Procedure

Article 119 of the Turkish Code of Civil Procedure clearly regulates the mandatory elements of a statement of claim. A consensual divorce petition must include the following items:

a) Name of the Court: The full and accurate name of the Turkish 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 and the defendant must be provided to identify the parties before the Turkish court.

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 under Turkish procedural law.

d) Subject Matter and Value of the Case: In Turkish practice, 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 irretrievable breakdown of the marital union under Turkish law and mutual agreement to divorce.

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

g) Legal Grounds: The legal basis for the divorce and the relevant legal provisions (e.g., Article 166/3 of the Turkish Civil Code) must be stated.

ğ) Request: The specific and clear request from the Turkish family 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 to the Turkish court (plaintiff or their attorney).

Under Turkish law, if any element other than (a), (d), (e), (f) and (g) is missing from the petition — for example the parties’ identity and address details, the plaintiff’s Turkish ID number, the relief sought or the signature — the judge grants the plaintiff a definitive one-week period to complete it; if the deficiency is not remedied within this period, the case is deemed not to have been filed (Code of Civil Procedure Art. 119/2). Deficiencies concerning the name of the court, the subject matter, the facts, the evidence or the legal grounds are not subject to this sanction; they are completed at the relevant stage of the proceedings or assessed by the judge. As an uncontested divorce is usually concluded at the first hearing, preparing a complete petition from the outset avoids loss of time.

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, thereby formally acknowledging and enforcing 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.

2. Who Files the Uncontested Divorce Petition in Turkey?

In Turkey, the uncontested divorce petition may be filed by one spouse alone or signed and submitted jointly by both spouses. If only one spouse files the petition, the other spouse satisfies the acceptance requirement under Article 166/3 of the Turkish Civil Code by signing the protocol and declaring acceptance of the case at the hearing. If the parties are represented by lawyers, the petition can also be filed by the attorney; however, the requirement that the parties be heard in person at the hearing remains.

3. Sample Uncontested Divorce Petition in Turkey

A sample uncontested divorce petition in Turkey is a short statement of claim that contains, in order, the elements under Article 119 of the Code of Civil Procedure and requests approval of the attached protocol. The outline below is provided only to show the structure; the petition must be drafted according to the specific case.

• Heading: “TO THE ………… FAMILY COURT ON DUTY”
• Plaintiff / Defendant: Full name, Turkish ID number, address (and attorney details, if any).
• Subject: “Our request for uncontested divorce under Article 166/3 of the Turkish Civil Code.”
• Explanations: Date of marriage, completion of one year of marriage, joint children if any, irretrievable breakdown of the marriage and the parties’ agreement on the consequences of the divorce in the attached protocol.
• Legal Grounds: Turkish Civil Code Art. 166/3, the Code of Civil Procedure and related legislation.
• Evidence: Uncontested divorce protocol, civil registry records, all legal evidence.
• Conclusion and Request: “We request a decision granting the parties’ divorce and incorporating the attached protocol into the judgment as it is.”
• Date and Signature: Signature of the plaintiff (or attorney); list of attachments.

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 their rights and obligations arising after the divorce, and it must bear handwritten signatures and contain clear and enforceable provisions. This divorce agreement must cover the consequences of the divorce, including alimony, custody, child support (participation allowance), personal relations with the children and, if the parties wish, property division.

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. A protocol prepared in advance, when divorce is not on the agenda, is not binding; this is because the divorce can only be concluded by a court decision, and matters concerning public order cannot be preemptively settled by private agreements.

Therefore, under Turkish law, 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 as an uncontested divorce protocol in any divorce case opened later.

1. Who Prepares the Uncontested Divorce Agreement in Turkey and Must It Be Notarized?

In Turkey, the uncontested divorce agreement may be prepared by the spouses themselves or through their lawyers, and it does not have to be drawn up or certified by a notary. For the protocol to be valid, it is sufficient that it bears the parties’ handwritten signatures and is confirmed by them in person before the judge at the hearing. Although notarization provides additional assurance as to the authenticity of the signatures, the binding effect of the protocol arises from the court’s approval.

2. 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. The mandatory elements are as follows:

• Title and Identification of the Parties: At the beginning of the protocol, the document’s title should clearly state “Divorce Settlement Agreement”, followed by the full names, Turkish ID numbers (T.C. Kimlik No), addresses and, if possible, contact information of the parties.
• Divorce Request and Grounds: The parties must explicitly state their agreement 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.”
• Children’s Situation: If there are children from the marriage, the 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.
• Property Division and Compensation: The agreement should specify how the property acquired during the marriage will be divided (if the parties wish to regulate it), 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.
• Alimony Arrangements: Whether one party requests spousal support (poverty alimony) and, if so, the amount, payment periods and duration must be detailed; both parties’ statements on this matter should be included.
• 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.
• 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.
• 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.

3. 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. Common optional provisions in practice are as follows:

• Agreement on the Divorced Woman Using the Husband’s Surname: As a rule, a divorced woman regains the surname she had before marriage; to continue using her former husband’s surname, under Article 173 of the Turkish Civil Code she must prove that she has an interest in doing so and that it will not harm her former husband, and the judge must grant permission. In an uncontested divorce, the husband’s consent to the use of his surname is written into the protocol and taken into account in the judge’s assessment; if circumstances change, the husband may separately request the revocation of that permission (Article 173/3). The agreement regarding the surname is 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.
• 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 and does not by itself change who the debtor is vis-à-vis the bank.
• 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.
• Division of Inherited Property: Property obtained through Turkish inheritance law is, as a rule, personal property under the regime of participation in acquired property (Turkish Civil Code Art. 220) 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. 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.
• Agreement on Rent Payment: Spouses 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 disputes concerning the tenancy, consulting a tenancy law attorney in Turkey is recommended.
• Confidentiality Agreement: The parties may agree not to disclose personal information, reasons for divorce, and 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.

Sample Uncontested Divorce Agreement in Turkey

A sample uncontested divorce agreement in Turkey is an itemized text consisting of the parties’ details, the will to divorce, child-related arrangements, alimony, compensation, property division and signatures. The clause headings below show the skeleton of a typical protocol; each clause must be completed in a clear, measurable and enforceable manner according to the specific case.

4. 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 clear mutual consent between the parties.

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

Under Turkish law, 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; the parties’ wills must be clear, unconditional and mutual.

Issues concerning public order cannot be left to the parties’ discretion; such provisions in the agreement are considered invalid 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 Under Turkish Law

Although the judge has authority to review the divorce settlement agreement in Turkey, some matters cannot be decided without the parties’ statements in a way that would replace the protocol. These limitations can be summarized as follows:

• Interim (Precautionary) Alimony: The judge cannot, of their own motion, award interim alimony in the uncontested divorce decree if it is neither included in the protocol nor requested.
• Personal Relationship Arrangements: The court cannot directly determine the child’s personal relationship with the other parent within an uncontested divorce without the parties’ declarations; it suggests amendments to an arrangement it finds inappropriate.
• Interest Provisions: If the divorce agreement does not explicitly regulate interest, the judge cannot add interest to payment obligations.
• Custody: If the judge does not find the custody arrangement in the protocol appropriate, they cannot issue an uncontested divorce decree by establishing a different custody arrangement outside the parties’ agreement; instead, they suggest amendments.

These limitations emphasize that amicable divorce in Turkey depends on the parties’ mutual will and that the submitted protocol binds the court. If the parties do not accept the judge’s suggestion, the case continues as a contested divorce.

3. Procedural Obligations of the Turkish Court

For a divorce decree to be issued in Turkey, the judge must also perform the following procedural checks. These checks are part of the court’s duty of review:

• Review of Documents: Ensuring that the records and documents subject to the divorce agreement have been submitted to and examined in the court file.
• Clarity and Certainty: Confirming that the consensual divorce agreement contains enforceable, clear and definite provisions.
• Confirmation of Will: Explaining to the parties the points where disputes may arise 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, property division can be freely determined by the mutual consent of the parties; the division regulated in the protocol becomes part of the judgment upon court approval, while marital property claims not regulated may be brought in a separate lawsuit. If the spouses wish to divide their property, they must clearly state the procedures and principles concerning the division of assets acquired during the marriage in the consensual divorce settlement agreement. 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 wrongful termination pay, severance pay, notice compensation, reinstatement case compensations, overtime pay, and unused annual leave compensation upon termination of employment in Turkey), rights arising from maritime employment, sportsmen receivables, and similar professional entitlements can also be considered in the liquidation of the marital property regime.

1. Is Property Division Mandatory in an Uncontested Divorce Agreement in Turkey?

Under Turkish law, property division does not have to be included in the uncontested divorce agreement; the “financial consequences of divorce” required by Article 166/3 of the Turkish Civil Code cover alimony and compensation, whereas the liquidation of the marital property regime may be the subject of a separate lawsuit. If the spouses have not yet agreed on property division, they can divorce without regulating it in the protocol and file a lawsuit for the liquidation of the marital property regime after the divorce becomes final. The Turkish Court of Cassation holds that the concept of the “financial consequences of divorce” in the protocol does not cover the liquidation of the marital property regime, and that general statements such as “we have no claim for property liquidation” do not by themselves amount to a waiver of marital property claims. Conversely, spouses who wish to settle the liquidation in the protocol should state item by item and expressly which asset goes to whom, any participation claim or equalisation payment, and that the liquidation is thereby completed; a vague arrangement does not bar a separate liquidation action and creates a new dispute.

In its decision Court of Cassation 2nd Civil Chamber, Docket No. 2025/6039, Decision No. 2026/4692, dated 28.04.2026, the Chamber held, in an uncontested divorce file before the Turkish courts where the protocol contained no provision on the liquidation of the marital property regime, that the parties’ signed statements at the hearing — also reflected in the judgment — that “we have no claim for property liquidation” did not constitute an unconditional and express declaration of intent to waive claims arising from the marital property regime. Emphasising that a waiver must be made by a definite and express statement under Articles 307 and 309/4 of the Turkish Code of Civil Procedure, the Chamber concluded that a liquidation action could not be dismissed on the basis of those statements.

2. Can a Property Division Lawsuit Be Filed After an Uncontested Divorce in Turkey?

In Turkey, 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 a dispute that has been resolved between the parties by a final judgment cannot be re-litigated; an objection to the property division in a finalized protocol therefore has no effect.

However, in Turkish 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 for the assets not regulated in the protocol.

3. How Is a Title Deed Transferred After an Uncontested Divorce in Turkey?

In Turkey, if the divorce agreement contains a provision on the transfer of immovable property and the court finds it clear and enforceable and orders registration, registration can be made directly at the land registry with the finalized decision. For example, provisions on the transfer of real estate to one spouse or to a third party must be examined by the court and the registration order must be included directly in the judgment. These court decisions are enforceable before the Land Registry Directorate in Turkey and allow the direct execution of title deed transfers without the other party’s separate signature.

In conclusion, drafting the uncontested divorce agreement in Turkey carefully and in detail both facilitates the resolution of disputes between the parties and prevents new lawsuits later. It is therefore of great importance that property division arrangements be included in the protocol in a clear, precise and enforceable manner.

Women’s Rights and Alimony in an Amicable Divorce in Turkey

In an amicable divorce in Turkey, a woman should have her rights such as poverty alimony, material and moral compensation, property division, custody and child support, and jewelry and personal belongings expressly included in the protocol, because the possibility of bringing a lawsuit later for rights settled or expressly waived is very limited.

The liquidation of the marital property regime, however, is not deemed concluded by general wording if it is not expressly regulated in the protocol and may be claimed in a separate lawsuit after the divorce becomes final; the spouses should therefore decide deliberately whether property division will be regulated in the protocol or left to a separate action. Since the court decision in an amicable divorce in Turkey is rendered in line with the parties’ will and becomes binding upon finalization, it is generally not possible to challenge or revise the outcome retroactively through new legal proceedings.

1. What Can a Woman Claim in an Amicable Divorce in Turkey?

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

• Spousal Alimony: Claim for indefinite spousal alimony (also referred to as poverty alimony) for the spouse who will fall into poverty because of the divorce; the amount, payment date and annual increase should be stated.
• Material and Moral Compensation: The amount and payment date, or the waiver of compensation, should be written expressly.
• Property Division and Asset Transfers: Demands such as registration of real estate in her name or the right to initiate a partition lawsuit for jointly owned property.
• Custody and Child Support: Custody rights and child support (participation alimony) to cover the child’s care expenses.
• Jewelry Claims: Who will keep the jewelry and traditional bridal property, or how it will be returned.
• Personal Property Claims: Personal belongings 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. An amicable divorce in Turkey is not just a mutual agreement between spouses but also a legally binding arrangement that defines the 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 in Turkey, which prevents losses of rights that are difficult to remedy.

2. When Are Compensation and Alimony Paid in an Uncontested Divorce in Turkey?

In an uncontested divorce in Turkey, the payment date of compensation and alimony can be freely agreed in the protocol; however, under Article 350/2 of the Turkish Code of Civil Procedure, which provides that judgments on Turkish family law cannot be enforced before they become final, divorce-related compensation and poverty alimony can be enforced only after the decision becomes final. If no payment date is set in the protocol, the claim becomes due upon finalization of the decision. If payment in installments is agreed, the date and amount of each installment and the consequence of delay (such as acceleration of the remaining debt) should be stated expressly.

What Happens If the Terms of an Uncontested Divorce in Turkey Are Not Followed?

In Turkey, once the uncontested divorce protocol is approved by the court and incorporated into the reasoned judgment, it acquires the nature of a court judgment; therefore, if its obligations are not fulfilled, enforcement proceedings based on the judgment can be initiated and, where necessary, a lawsuit can be filed. 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 the execution process in Turkey for alimony or compensation, the creditor spouse may file this lawsuit to remove the objection.

Because a divorce agreement 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 You Withdraw from an Uncontested Divorce in Turkey?

In Turkey, a spouse can withdraw from an uncontested divorce until the divorce decision becomes final; if one party withdraws, no uncontested divorce decree can be issued and, upon request, the case continues as a contested divorce. Signing the protocol does not oblige the parties to divorce; the will to divorce must continue until the decision becomes final. After the decision is rendered, the withdrawing party may express the change of will by appealing within the appeal period.

1. What Happens if One Spouse Does Not Attend the Uncontested Divorce Hearing in Turkey?

Under Turkish law, if one spouse does not attend the hearing, the judge cannot hear them in person and therefore cannot issue an uncontested divorce decree; the hearing may be postponed or the case may proceed as contested depending on the absent party’s position. If neither party attends, the file is suspended under Article 150 of the Code of Civil Procedure, and if it is not renewed within three months, the case is deemed not to have been filed.

2. Can a Contested Divorce Be Converted Into an Uncontested Divorce in Turkey?

In Turkey, a divorce case filed as contested can be converted into an uncontested divorce if the marriage had lasted at least one year on the filing date and the parties agree on the consequences, submit a protocol and personally declare their will at the hearing. In this case, no new lawsuit is filed; the parties submit the protocol in the existing file and request a decision. If the one-year period had not been completed on the filing date, the case cannot be concluded under Article 166/3 even if the period is completed during the proceedings.

In its decision Court of Cassation 2nd Civil Chamber, Docket No. 2016/16989, Decision No. 2018/553, dated 15.01.2018, the Chamber stated that the one-year period required for the presumption in Article 166/3 of the Turkish Civil Code must exist on the date the case is filed, and that the completion of the one-year period after the case was filed is not sufficient for the statutory presumption to arise. Accordingly, a later agreement of the spouses does not convert a case filed before the first year of marriage was completed into an uncontested divorce.

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; the parties can prepare the petition and the protocol themselves and file the case without legal representation. However, there are several important points that parties should carefully consider if they wish to proceed without a lawyer:

• 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 and must clearly outline all required elements and 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; this obligation continues even if they are represented by an attorney.
• 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.
• Filing with the Competent Court: It is critical to file the case with the correct family court. Under the general rule, the family court located in either spouse’s place of residence or where they last resided together for at least six months is competent; if the defendant does not object, the case may also be heard by another 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?

The cost of an uncontested divorce in Turkey consists of fixed filing and decision fees, an advance on costs for notifications and postage, and, if a lawyer is engaged, the attorney fee. These expenses include both court-related fees and, if applicable, attorney fees. The main cost components are outlined below:

• Fixed Court Fees and Advance Payments: Uncontested divorce cases in Turkey are subject to fixed court fees, which must be paid at the time of filing. Additionally, an advance payment is required to cover expenses such as notifications, postal charges and other procedural costs; fee amounts change every year as the tariffs of the Law on Fees are updated by the revaluation rate.
• 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, and the attorney fee is determined by a private agreement between the client and the attorney.
• Attorney Fees: The Minimum Attorney Fee Schedule published in the Official Gazette of 4 November 2025 does not contain a separate item for an uncontested divorce in Turkey; since family courts are of first-instance civil court (asliye) level, the 45,000 TRY minimum set for 2026 for cases before first-instance civil courts is applied. This is only the minimum fee guideline; actual fees may be higher depending on the complexity of the case, the scope of legal services provided and the 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, it is 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; the jurisdiction of Turkish courts is determined by the residence of one of the spouses in Turkey, while the applicable law is determined under Article 14 of the Turkish Private International and Procedural Law (MÖHUK). 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 has lasted at least one year, both parties agree on the divorce and its consequences, the spouses apply jointly or one accepts the other’s claim, and the judge hears both parties in person.

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, the grounds and effects of divorce and separation are governed first by the common national law of the spouses; if there is no common nationality, by the law of their common habitual residence; and if that is also absent, by Turkish law. Since this law does not allow the parties to choose the applicable law in divorce, the governing law is determined by these connecting factors; where foreign law applies, it should also be assessed whether an uncontested divorce is possible under that law.

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, and if these arrangements are found appropriate by the court, they become legally binding with the divorce decree.

In the uncontested divorce process in Turkey, foreign-language documents (such as marriage certificates, identification documents, address proofs, etc.) must be submitted together with their sworn translations into Turkish and, where required, notarization and an apostille. Additionally, the uncontested divorce agreement must be prepared in compliance with Turkish law and signed personally by the parties; a party who does not speak Turkish is heard at the hearing through a sworn interpreter. Conversely, a divorce granted abroad produces effects in Turkey only after recognition of the foreign divorce decision in Turkey.

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 important for drafting a complete and enforceable protocol and for preventing loss of rights. 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 valuable from various perspectives:

1. 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.
2. 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.
3. 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.
4. 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, which prevents legal gaps or errors.
5. Acceleration of the Legal Process: With the guidance of a lawyer, tasks such as organizing the necessary documents, submitting applications and scheduling court hearings happen faster.
6. Facilitating Agreement Between the Parties: Lawyers help the parties reach an agreement. Under Turkish law, the divorce itself cannot be concluded before a mediator, since it is not a matter the parties may freely dispose of; however, for financial matters such as property division, the mediation process can be used and the resulting settlement reflected in the protocol (Law No. 6325, Art. 1/2). Disputes involving allegations of domestic violence are not suitable for mediation.
7. Balanced Agreement: A lawyer ensures that the agreement is balanced between the parties, which helps reduce future disputes.
8. Reduction of Legal Risks: Lawyers identify potential legal risks in the agreement and take measures to mitigate them, which 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.