HOW TO GET AN UNCONTESTED DIVORCE IN TURKEY?

Divorce can be defined as a legal institution that enables the married couple to end the marriage union in front of the law and terminate the contract of marriage. According to the Turkish Civil Code, divorce must be granted by a court decision. Accordingly, contrary to the examples in other countries, divorce cannot be realised before an administrative authority. Again, although the parties have the right to apply to a mediator for the preparation of the divorce protocol, the authority that will decide on the divorce will be the court in any case.

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In Turkish family and divorce law, the marriage union can only be terminated by the death or absenteeism of one of the parties and divorce.

The grounds for divorce are categorised under two main categories as general and special grounds for divorce. Special grounds for divorce are adultery, intent to commit suicide, malicious or degrading treatment, committing a crime and leading a life without dignity, abandonment and mental illness. In case of any of these reasons, the aggrieved spouse may file for divorce. If these special grounds are proven, the court decides on divorce. The general reason for divorce is the fundamental breakdown of the marriage union. If it becomes impossible to continue the marriage union due to reasons such as severe incompatibility between the spouses, constant arguments, and loss of mutual respect and love, a divorce case can be filed based on this reason. Uncontested divorce is also regulated within the scope of general grounds for divorce.

What is an Uncontested Divorce In Turkey?

In Turkey, divorce cases are divided into two as uncontested divorce and contested divorce. In the event that the marriage union is shaken from its foundations, the Turkish Civil Code also allows the couple to terminate the marriage union by settlement.

Uncontested divorce in Turkey can be defined as a divorce that takes place as a result of the couple who want to end the marriage union agreeing on the divorce and all legal consequences of the divorce. According to the Turkish Civil Code, for an uncontested divorce, couples must have been married for at least one year and they must apply to the court together and clearly declare their will to divorce. In this process, the couples agree on issues such as property division, alimony, child custody and other financial rights and submit the protocol they have prepared to the court. If the judge finds the protocol appropriate, the divorce is approved and the marriage ends. Uncontested divorce is often preferred because it is a faster and less costly process compared to contested divorces.

Uncontested divorce is regulated in Article 166/3 of the Turkish Civil Code. Here, both the legal basis of uncontested divorce is presented and its conditions are regulated. The aforementioned article of law is as follows.

“…If the marriage has lasted for at least one year, if the spouses apply jointly or if one spouse accepts the other spouse’s lawsuit, the marriage union is deemed to be shaken from its foundations. In order to grant a divorce in this case, the judge must listen to the parties in person and be convinced that their wills are freely expressed and find the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the status of the children appropriate. The judge may make the changes he/she deems necessary in this agreement by taking into consideration the interests of the parties and the children. If these amendments are accepted by the parties, divorce shall be granted. In this case, the provision that the admissions of the parties shall not bind the judge shall not apply…”

According to the article, in order for the parties to obtain an uncontested divorce;

• The couple should have been married for at least one year, (divorce is also possible in a single hearing for spouses who cannot meet this condition)

• There must be an agreement between the parties and this agreement should regulate the following matters;

• the financial consequences of the divorce, i.e;
  • material and moral compensation,
  • alimony
  • (liquidation of the property regime is also within this scope);

• the status of the joint child, i.e. the issue of custody (this issue should be taken into consideration when drafting the uncontested divorce protocol).

• The parties must apply to the court together to fulfill the uncontested divorce procedure or the lawsuit filed by one of the spouses must be accepted by the other spouse.

• Along with all these, the spouses should repeat their will for divorce once again before the judge. In this way, the court will have determined that the entire scope of the divorce decision is based on the free will of the parties.

• The judge must approve the agreement of the parties.

Uncontested Divorce and Children

In order for the judge to decide on divorce in an uncontested divorce case, first of all, the uncontested divorce protocol must regulate the issues regarding the joint children. This issue is stated in the Law as follows: “In order to decide for divorce, the judge … must approve the arrangement to be accepted by the parties regarding the status of the children.” What should be understood from the expression of the status of the children is firstly the custody and then the arrangement of the personal relationship with the child. In addition to these, the child support alimony in the consensus protocol should also be evaluated within this scope.

Child support alimony is an alimony paid to ensure that the parent who is not granted custody contributes to the care, education and general needs of the child. According to the Turkish Civil Code, it is obligatory to meet such needs of the child and this situation cannot be eliminated by the will of the parties.

In addition, although it is common practice in Turkish Law to leave custody to one of the spouses upon divorce, it is also possible for the parties to reach an agreement on joint custody, in other words, joint custody, in accordance with the decision of the 2nd Civil Chamber of the Court of Cassation dated 20.02.2017 and numbered 2016/15777 E., 2017/1737 K.

Uncontested Divorce and Alimony

Alimony refers to the amount of money that one party is obliged to pay to the other party or children in order to provide financial support when the marriage ends or while the marriage continues. According to the Turkish Civil Code, there are various types of alimony. These are precautionary alimony, which is awarded to meet the financial support that one of the spouses or the children will need during the divorce case; poverty alimony, which is awarded in favor of the spouse who has fallen into poverty as a result of divorce and is lifted in the event that this spouse remarries or his/her financial situation improves; and alimony for participation, which is paid by the parent whose custody is not granted to him/her in order to contribute to the care, education and general needs of the children.

Precautionary alimony does not need to be regulated by an uncontested divorce protocol. Again, an explicit arrangement can be made that poverty alimony is not requested, or if it is clearly understood from the protocol that the parties do not have such a request, poverty alimony will not be awarded in favour of the spouses. It should be noted here that it will not be possible to award poverty alimony, which is explicitly waived in the agreement protocol, later on. As for the alimony for participation, although we repeat our explanations above, it is possible to file a lawsuit for the award of alimony for participation or for the increase of alimony for participation if the conditions change after the divorce.

Uncontested Divorce and Material and Moral Compensation

Article 174 of the Turkish Civil Code constitutes the legal basis of the claim for pecuniary and non-pecuniary damages in a divorce case.

“1. Material and moral compensation 

Article 174- The faultless or less faulted party whose existing or expected interests have been damaged by the divorce may demand an appropriate material compensation from the faulted party. The party whose right of personality has been attacked due to the events leading to the divorce may request the other party who is at fault to pay an appropriate amount of money as moral compensation. ”

Accordingly, in order to award pecuniary and non-pecuniary damages in case of divorce, one of the parties must be at fault or at fault and demand compensation from the faulted party. If material and non-pecuniary damages are regulated within the scope of the uncontested divorce protocol, compensation will also be decided.

On the other hand, since there is no fault determination within the scope of the uncontested divorce case, if there is no article regarding compensation in the divorce protocol, the answer to the question of whether it is possible to file a lawsuit for material and moral compensation after an uncontested divorce will be that it is not possible.

Uncontested Divorce and Property Division In Turkey

In this regard, first of all, it should be noted that the property regime is not included in the annexes of the divorce. The divorce protocol must regulate material and moral compensation claims and alimony. However, it does not have to regulate the liquidation of the property acquired by the spouses during the marriage union. If they want to make an arrangement on the division of acquired property, there is no obstacle to this and the arrangements they make will be binding. Making or not making this arrangement is not an obstacle to uncontested divorce.

If the spouses have not arranged the liquidation of the property regime in the uncontested divorce protocol, they will be able to file a lawsuit for the liquidation of the property regime later.

If the spouses have decided to regulate the liquidation of the property regime in the uncontested divorce protocol, they can make this arrangement for all or a part of the acquired property. For example, arrangements can be made in the protocol for two of the three asset values. For the remaining one asset value, it is possible to file a lawsuit for the liquidation of the property regime later.

It should be noted that some phrases commonly used in uncontested divorce protocols are important in terms of property regime. First of all, it will be a matter of discussion whether the statements such as “we have no material and moral claims”, “the parties have no claim for compensation from each other”, “the parties have received the jewelry and other items they own and have no further claims from each other” cover the property regime cases. The Court of Cassation is of the opinion that the inclusion of such statements in the uncontested divorce protocol does not prevent the subsequent filing of property regime cases. Accordingly, if the parties intend to prevent the filing of a lawsuit for the liquidation of the property regime, they should express this clearly in the text of the protocol. It should be preferred to regulate each acquired asset value instead of general statements. Again, all waivers, acceptances and releases should be clearly written. In this context, it should be clearly stated that personal property restitution, participation claims or contribution claims and similar claims are waived.

Where Can I File An Uncontested Divorce Case In Turkey?

We have stated above that filing a lawsuit is mandatory for an uncontested divorce to take place in Turkey. The answer to the question of where and in which court the uncontested divorce case will be filed is related to the determination of the competent and authorized court in uncontested divorce cases. The competent court in divorce cases is the Family Court. Spouses cannot change the competent court by agreement.

In order to determine where the uncontested divorce case will be filed, the parties must determine the authorized Family Court in the divorce case. According to Article 168 of the Turkish Civil Code, the authorized court in divorce cases is the court where one of the spouses resides or where they have been living together for the last six months before the case. However, since the territorial jurisdiction rule in divorce cases is not definite, the parties may freely determine the place where the case will be filed. Again, it would not be wrong to assume that the defendant spouse will not object to territorial jurisdiction in case of uncontested divorce with the idea that there is a consensus between the parties.

How Long Does An Uncontested Divorce Case Take In Turkey?

Uncontested divorce cases, also commonly known as one-session divorce cases, can take from two months to a year depending on various factors such as the intensity of the court where the case is filed, and the time the parties finalise the case. The most important factor determining the duration of an uncontested divorce case is when the court sets a hearing date. Courts can set a hearing for the month the case is filed or nine months later.

What If a Spouse Changes Their Mind After Filing for Uncontested Divorce?

After the uncontested divorce case is filed, if one of the spouses renounces the divorce or objects to the issues determined by the divorce protocol, it can no longer be said that the divorce is uncontested. In this case, the case will continue as a contentious divorce case.

The withdrawal of one of the spouses may occur at various stages of the uncontested divorce case. It can happen after the divorce case is filed and before the divorce decision is made, as well as after the divorce decision is made and before it is finalized, one of the parties may give up the divorce or object to one or more of the issues determined by the divorce protocol. In this case, the divorce case will continue as a contested divorce.

Uncontested Divorce From A Turkish Spouse Or A Foreign Spouse In Turkey

If one of the spouses is Turkish and the other is a foreigner, an uncontested divorce is possible in Turkey. Our explanations above about uncontested divorce are also valid in this case. Moreover, in an uncontested divorce case, the parties must be present in court. Therefore, if the foreign spouse is not present in Turkey, he/she will have to come to Turkey for the uncontested divorce to take place.

The answer to the question of how can I divorce a Turkish man will be given in this context. There is no obstacle for the foreign spouse to file for divorce in Turkey.

Even if the marriage took place in a country other than Turkey, it is possible to file for divorce in Turkey.

It is also possible to file for divorce in Turkey if both spouses are foreigners. For example, two foreign citizens residing in Turkey may file for divorce in Turkey. Pursuant to Article 14 of the Law No. 5718 on Private International Law and Procedural Law, divorce cases where both spouses are foreigners shall be governed by the common national law of the spouses. If the parties have different citizenship, the law of the common habitual residence shall apply, and if not, Turkish law shall apply. In addition, Turkish law will be applied in terms of temporary measure requests, for example, in terms of precautionary alimony or the measures specified in the Law No. 6284 on the Prevention of Violence against Women.

Your Divorce Lawyer In Turkey: Viridis Legal Partners

We are here to assist you with uncontested divorce cases in Turkey, and to ensure that your rights in divorce cases are fully and properly protected. Although the uncontested divorce process is based on the reconciliation of the parties, the legal consequences of divorce are quite extensive and need to be handled with care. Here are the various areas we will support you in uncontested divorce cases:

Uncontested Divorce Protocol Preparation: The uncontested divorce protocol includes the financial consequences of the divorce and critical elements such as custody and alimony. This protocol must be prepared in accordance with the law and in a way to protect the interests of the parties in the best way. We are here to prepare your uncontested divorce protocol with our legal knowledge and experience to prevent possible mistakes and to prevent the prolongation of your divorce process.

Protection of Economical Rights: Divorce is a process where spouses can be emotionally strained and overlook important details. As your divorce lawyer, we are here to fully protect your rights and ensure that the process is carried out fairly. Contact us to protect your assets and financial rights during divorce.

Fulfilment of Legal Requirements: There are many legal requirements that must be fulfilled for an uncontested divorce. As your divorce lawyer in Istanbul, we are here to ensure that these legal requirements are fulfilled in full, helping the case to conclude quickly and smoothly.

Protection of Children’s Interests: The lawyer’s guidance on issues such as custody, alimony and personal relationships of joint children ensures that the best interests of the children are protected and that the uncontested divorce protocol is accepted in the fastest way and the divorce is realized in the fastest way. We offer you support in the complete arrangement of all these issues regarding the joint child.

Management of the Court Process: During the uncontested divorce case, it is necessary to get a hearing date, to take the statements of the parties in court and to evaluate the protocol. As your family law attorney, we represent you in this process, defend your rights and provide legal information and services to complete the process as soon as possible.

Uncontested divorce is a frequently preferred method due to the convenience it provides for the parties to terminate the marriage union by mutual agreement. However, the legal consequences of this process involve critical issues that need to be handled with care. Since the financial consequences of divorce, child custody and alimony can directly affect the future of the parties, the guidance of an expert lawyer on these issues is of great importance. As Viridis Legal Partners, we offer you legal support in uncontested divorce processes. Contact us today for the fastest and smoothest completion of your uncontested divorce case.

FAQs

How can I get divorced in one hearing if I have not been married for a year? 

In order to file for an uncontested divorce, couples must have been married for at least one year. However, if the marriage period is less than one year, it is also possible to file a contested divorce case and finalize it in one hearing with the acceptance of the parties.

What should be considered in the preparation of an uncontested divorce protocol? 

The protocol must be prepared in a way to fully protect the rights of the parties and must comply with the law. Preparation of the protocol requires legal and technical knowledge. In this case, we recommend that you seek legal advice from a lawyer. As Viridis Legal Partners, we are here to solve all your family law problems such as uncontested divorce, property regime, custody and alimony.

Is it mandatory to hire a lawyer in an uncontested divorce case? 

It is not mandatory to hire a lawyer. However, it is essential to benefit from the support of a lawyer to protect your rights and to ensure that the process proceeds smoothly and as quickly as possible. As Viridis Legal Partners, we are here for the preparation of your uncontested divorce protocol, obtain a hearing date as soon as possible, and resolving all your divorce law issues such as property regime, custody and alimony.

How can I divorce from a Turkish spouse? 

The fact that you are a foreigner does not constitute an obstacle to divorce in Turkish law. You can file for divorce at the authorized family court in Turkey. The law applicable to your marriage is determined within the framework of international private law rules.

Is it possible to have an uncontested divorce with a Turkish spouse or a foreign spouse? 

Yes, an uncontested divorce with a foreign spouse is possible. For an uncontested divorce, both parties must agree on the divorce and all other legal consequences. In this case, the protocol prepared is approved by the court. The divorce takes place when the parties attend the hearing and declare their will to divorce.

What happens if the foreign spouse does not want a divorce in Turkey? 

If the Turkish spouse does not want to divorce, a contested divorce case can be filed by the foreign spouse in Turkey. In this case, the court decides whether the marriage will continue or not, the custody of the children, if any, and the division of property.

How long does the divorce process from a Turkish spouse take? 

The process varies depending on the workload of the court and whether the case is contested or uncontested. While an uncontested divorce is usually finalized in a shorter period of time, a contested divorce may take longer.

Does the foreign spouse have to attend the divorce proceedings in Turkey? 

Your spouse’s attendance at the court may vary depending on the situation and the type of case. In uncontested divorces, it is usually necessary for both parties to be present at the hearing, but in contested cases, representation through a lawyer may be possible.

Will my residence permit in Turkey continue after my divorce? 

Whether your residence permit will continue depends on the type of permit you have and the situation after the divorce. In some cases, you may need to renew your residence permit or switch to a different type of permit.

After my divorce from my Turkish spouse, will the divorce decree in Turkey be valid in my home country? 

In order for a divorce decree issued in Turkey to be recognised and valid in a foreign country, it may be necessary to file a case for recognition and enforcement of divorce in that country. This process differs according to the legal rules of each country.