This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Anlaşmalı Boşanma: Şartlar, Süre ve Protokolde Dikkat Edilecekler.
Turkish law requires three things for an uncontested divorce: the marriage must have lasted at least one year; the spouses must apply jointly or one must accept the other's action; and the judge must hear both spouses in person and be satisfied that they are expressing their will freely (TMK art. 166/3). If the judge does not approve the settlement protocol, the case does not conclude as an uncontested divorce.
Done properly it ends in a single hearing. Done badly it turns into a contested divorce and costs months. What decides which of those happens is not the hearing but the protocol.
The Three Conditions
TMK art. 166, third paragraph, requires all three.
First: the marriage must have lasted at least one year. A marriage of less than a year cannot be ended this way; one of the contested grounds must be relied on instead.
Second: the spouses must apply jointly, or one must accept the other's action. In practice one spouse files and the other files a statement of acceptance.
Third: the judge must hear both spouses in person. This cannot be satisfied through a representative under a power of attorney; both spouses must attend the hearing. Where one is abroad, participation by letters rogatory or by electronic means may be considered.
In addition, an arrangement covering the financial consequences of the divorce and the position of any children must have been made, and the judge must have approved it.
| Heading | Why it is needed |
|---|---|
| Custody | Mandatory where there are children; it cannot be left open |
| Personal relationship (contact days) | Days, times and holiday periods must be stated expressly |
| Child maintenance | The amount and the method of increase must be stated |
| Spousal maintenance | If none is sought, the waiver must be stated expressly |
| Pecuniary and non-pecuniary damages | If none is claimed, that too must be stated |
| Division of property | State that liquidation is done, or that a separate action will follow |
| Wedding gold and jewellery | A separate heading here prevents later litigation |
Anything omitted from the protocol becomes a separate action after the divorce. The headings most often left out are the wedding gold and the division of property.
How Long It Takes
Where the file is complete, an uncontested divorce is usually decided at a single hearing. The hearing date is set anywhere from a few weeks to a few months after filing, depending on the court's list.
The judgment is not the end. It must be written up with reasons, served on the parties, and become final. Finality can be brought forward by letting the appeal period expire or by both parties waiving their right of appeal.
Registration in the civil records happens only after the judgment is final. "I got divorced today" and "I am legally divorced" are not the same thing.
Mistakes Made in the Protocol
The protocol governs every financial and personal consequence of the divorce. Once it has passed into the judgment and the judgment is final, it is very hard to change.
- Vague wording. "A suitable amount of maintenance" or "contact at reasonable intervals" cannot be enforced. State the amount, the day, the time and the place.
- Incomplete contact arrangements. If only weekends are written in and religious holidays, the mid-year break and the summer are left out, every holiday becomes a new argument.
- Omitting the division of property. If the property regime is not dealt with, a separate action is needed after the divorce.
- No deadline for a transfer. "The house will be transferred to my spouse" without a date can drift for years.
- Saying nothing about the wedding gold and household goods. These two items generate more disputes than any others.
- Saying nothing about the debts. State who takes the mortgage, the credit cards and the consumer loans.
Can the Judge Change the Protocol?
The judge is not obliged to approve the protocol as drafted. The statute allows the judge to make the changes necessary having regard to the interests of the parties and the children — but the parties must accept those changes.
The area most often adjusted is the arrangements for the children. Custody and contact are determined by the best interests of the child, not by the parties' agreement. Where child maintenance is set very low, or the contact schedule is in practice unworkable, the judge will require it to be corrected.
If the parties do not accept the change, the uncontested divorce does not proceed and the case becomes a contested divorce.
Withdrawing from the Agreement
Either party may withdraw from the agreement until the judgment becomes final. The condition for an uncontested divorce then falls away and the case continues as a contested one.
The binding force of the protocol is likewise conditional on the divorce judgment becoming final. If the action is dismissed or withdrawn, the protocol has no effect.
After finality the position changes. Some items — maintenance in particular — can be revisited if circumstances change; the agreement on the division of property, by contrast, is as a rule conclusive.
The hearing is short; what shapes the following years is the text of the protocol. Without concrete figures, dates, periods and places of handover, the protocol cannot be enforced. Have it read by a lawyer before signing.
Frequently Asked Questions
What are the conditions for an uncontested divorce?
A marriage lasting at least one year, a joint application or acceptance by one spouse, the judge hearing both spouses in person, and judicial approval of the arrangement covering finances and children.
Does it finish in one hearing?
Usually yes if the file is complete. Writing up the reasoned judgment, serving it and waiting for finality take additional time; registration follows finality.
Can my lawyer attend the hearing instead of me?
No. The judge must hear the parties in person. If you are abroad, letters rogatory or electronic participation may be considered.
What if the judge does not approve the protocol?
The judge may require changes, particularly to the arrangements for children. If the parties do not accept them, the case becomes a contested divorce.
Can I withdraw from the protocol later?
You may withdraw until the judgment becomes final, and the case then continues as contested. After finality, the agreement on the division of property is as a rule conclusive.