Marriage is the union of individuals in accordance with the law and like marriage, divorce is a regular occasion. In order to divorce in Turkey there are two types of divorce cases the parties can apply: contested divorce and uncontested divorce. In this article, we will examine what is an uncontested divorce, the conditions to divorce uncontested, how to divorce in Turkish jurisdiction, the competent court to divorce in Turkey, and frequently asked questions on the subject.
What is an uncontested divorce?
An uncontested divorce is a process that results from the joint application of the spouses to the court or one of the spouses accepting the lawsuit filed by the other. In the process of uncontested divorce in Turkey, the spouses agree on the financial consequences of divorce and the situation of the children, and they formalize this agreement with a protocol. It is assumed that the foundation of the marriage is severely undermined, that is, the marriage has become unbearable for one or both spouses. To accept an uncontested divorce case, certain conditions are required according to Article 166 of the Turkish Civil Code. According to this article, the marriage must have lasted for at least one year, the judge must personally hear the parties, and the parties must have reached an agreement on the financial consequences of the divorce and the situation of the children. The judge may make changes to the terms of the agreement in accordance with the interests of the parties and the children. You may now explore how to divorce uncontested below.
Conditions to Divorce Uncontested
In order to divorce uncontested 4 conditions must be met. These are the joint application of the spouses to the court or the acceptance of the lawsuit by the other spouse, the marriage's lasting for at least one year, the judge's personally hearing the parties, and the judge's approval of agreement made by the parties.
1. Joint Application of the Spouses or Acceptance of the Lawsuit by One of the Spouses
This condition actually refers to two ways in which uncontested divorce can take place. In other words, to divorce by mutual agreement, one of the spouses files a lawsuit, and the other spouse accepts it, the judge can decide on the divorce. Another method is for the spouses to submit a joint uncontested divorce petition to the competent court with their mutual consent.
2. The Marriage Must Have Lasted for at Least One Year
This condition means that at least one year has passed since the official marriage, and it is regulated to prevent the decision to separate without the spouses having the opportunity to get to know each other. Because especially the early stages of marriage are a period for the spouses to get used to each other, and during this period, there may be arguments or incompatibilities. Therefore, the condition of being married for at least one year is introduced to prevent hasty decisions to apply for an uncontested divorce.
3. The Judge Must Personally Hear the Parties
This condition is introduced to allow the judge to check whether the parties freely express their intentions regarding the divorce. In addition, at this stage, it is ensured that the uncontested divorce petition was prepared without any threats or coercion or whether the parties acted with free will. At the same time, the parties are encouraged to reconsider the situation with this declaration of intention. Even if the parties are represented by an attorney, the judge listens to the parties themselves and makes a decision accordingly.
4. Approval of the Agreement Made by the Parties by the Judge
In an uncontested divorce, an agreement must be reached on the financial consequences of the divorce and the situation of the children. For example, this includes determining the amount of material or moral compensation to be received by one of the spouses and deciding on the custody of the children. This agreement can be submitted to the court as a protocol or can be recorded during the hearing. If the judge does not find the agreement made by the parties appropriate, he then can make necessary changes in favor of the interests of the parties and the children. In this case, the parties must accept the changes. If the parties cannot reach an agreement, the case will turn into a contentious divorce case.
If the judge approves the agreement made by the parties or if the judge's changes are accepted by the parties, the divorce of the parties will be decided.
How to Divorce in Turkish Jurisdiction?
An uncontested divorce case is initiated by filing an uncontested divorce petition and an uncontested divorce protocol with the court. In the lawsuit petition, a reference should be made to the uncontested divorce protocol, and it should be stated that the parties have agreed on the protocol. After the lawsuit is filed, the court notifies the parties of the hearing date. Although the parties are represented by an attorney, they must attend the court hearing, as the judge needs to verify that they signed the uncontested divorce protocol freely and without any threats or coercion. The parties must express their desire to divorce, and this should be recorded in the minutes of the hearing. If the correct procedural rules, including these and others, are not followed during the process, the case may be rejected. This situation is frequently encountered when an uncontested divorce process run without an attorney. Therefore, seeking assistance from a Turkish divorce lawyer is crucial for the process to proceed correctly and without errors.
Competent Court for Uncontested Divorce
The competent court for an uncontested divorce is the court at the place of residence of one of the spouses or the court of the place where the spouses have lived together for the last six months before the divorce case was filed. In places where there is no family court, the case is filed with the civil court of the first instance of that place.
Uncontested Divorce Protocol
The uncontested divorce protocol is the necessary protocol for married couples to divorce by mutual agreement. It is a requirement that the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the situation of the children is approved by the judge. The financial consequences of the divorce include material and moral compensation, alimony, joint custody of the children, and the settlement of the property regime. The situation of the children includes issues such as custody rights of joint children and the right of the other spouse to have personal relations with the children. In addition, it should clearly specify which surname the woman will use after the divorce, and who will pay the attorney's fee and the court expenses.
Frequently Asked Questions
When the conditions for an uncontested divorce are fulfilled, and the parties declare their wish to divorce with free will after one year from the date of marriage, the parties can get divorced. One of the most important aspects of uncontested divorce is the uncontested divorce protocol. The provisions in the uncontested divorce protocol must be clear, unambiguous, and in accordance with Turkish divorce laws and procedures. The judge can make changes to the uncontested divorce protocol in favor of the interests of the parties and the children. If the parties accept these changes, the uncontested divorce is realized. When an uncontested divorce case is properly managed, it can be concluded in a short time. Sometimes the absence of a crucial matter in the uncontested divorce protocol or its inclusion in the protocol in an incorrect manner may lead to the deprivation of that interest. Therefore, the correct steps must be taken, and divorce must be finalized in the interests of the parties with the support of expert divorce attorneys.