Civil LawUNCONTESTED DIVORCE

What is a Uncontested Divorce?

In our Turkish legal system, it is regulated that two types of divorce cases can be filed. These are the ones that are going to

1-Contentious Divorce

2-Uncontested Divorce

Uncontested divorce is basically the termination of the marriage union by agreeing between the spouses themselves. Our law accepts that it is pointless to maintain marriage in this state.

Terms of Uncontested Divorce

The regulation on the terms of the contracted divorce is contained in article 166/3 of the Turkish Civil Code. Fulfillment of the conditions contained in the relevant regulation is essentially mandatory for the contracted divorce case, which is a private legal contract.

The terms of the contracted divorce are as follows:

  • The duration of the marriage union lasted at least 1 year,
  • For a contracted divorce, the spouses apply to the court together or the other spouse agrees to the divorce case filed by one of the spouses,
  • The judge of the case decided that the parties decided to divorce by their free will,
  • The Divorce Protocol prepared by the spouses must be approved by the judge.

Court in Charge and Authority in Uncontested Divorce Case

The contracted divorce case is the case related to Family Law and the Family Courts are appointed in accordance with law no. 4787. In the absence of the Family Court, the Family Court and the Small Claims Court are the courts in charge of the case.

The competent court shall rule on the article 168 of the Turkish Civil Code. It is regulated in the article. According to the regulation in the law, the place of settlement of one of the authorized court spouses or where they lived together for six months before the case is the Family Court.

File A Suit Against Of Uncontested Divorce

The contracted divorce case is filed as a result of the presentation of the protocol prepared by the spouses to the Family Court by adding it to the prepared petition. After the opening of the case, the parties are notified on the day of the hearing, which is determined together with the tensip zap prepared by the court. In order for the case to be completed in a short time, the application can be obtained within 1 month at the latest from the opening date of the case as a result of the application made through the divorce lawyer.

When filing for a contracted divorce, the petition must include the divorce protocol, the protocol and all issues have been agreed upon, and they must be informed that they have accepted the divorce in accordance with the conditions in the protocol. It is also necessary to include the reason for the divorce and the fundamental shake-up of the marriage union.

Uncontested Divorce Protocol

The divorce protocol is the protocol prepared by the parties in accordance with the principle of contract freedom and signed with their own free will regarding the issues contained in Article 166/3 of the Turkish Civil Code. The protocol in question can be submitted to the court in writing or verbally.

While preparing the contracted divorce protocol; It is a mandatory element of the protocol to include the financial provisions of the divorce and the custody status of the Joint children.

Agreement of the Parties on the Situation of The Joint Children

One of the most important issues to be included in the agreement protocol is the custody of the joint children, the arrangement and decision of the personal relationship with the children. Custody of children can be given to one of the spouses or shared between the spouses. The regulation of custody in the protocol is evaluated by the judge taking into account the high interest of the child. 

The protocol also includes the personal relationship the child will have with his or her parents who do not have custody. This requirement is due to the right of the mother or father to establish a personal relationship with the child. All details regarding the personal relationship to be established should be included in the protocol, the time frame, the duration of which should be clearly and clearly included in the protocol.

ince the spouse who does not have custody must contribute to the expenses of the non-adult joint child, it should be one of the issues agreed upon by the parties in the protocol regarding affiliate alimony, which finds the area of regulation in Article 182/2 of the Turkish Civil Code. The participation alimony that the spouse is obliged to pay; amount and payment time should be clearly included in the protocol.

If there is a deficiency in this point, the judge may ask the parties to make a determination on the subject, or it can make it and submit it for the approval of the spouses.

Agreement Of The Parties Regarding The Financial Obligations Of Divorce

Although the obligation of cooperation and solidarity between spouses does not end with divorce, poverty alimony is regulated in our law as an extension of this obligation. Poverty alimony should also be included in the contracted divorce protocol, and the issues regarding which side of the alimony to be loaded, the amount, the amount of alimony increase, how often it will be paid, and the time of payment should be clearly included. If the start date of alimony is not specified as specified in the protocol, the date of finalization of the case is taken as the basis. At the same time, it is necessary to include material and moral compensation within the protocol. The validity of the protocol will not be affected if the judge concludes that the provision regarding compensation in the protocol does not include the parties as wills.

 Necessary Elements That May Be Included in the Treaty Protocol

Contracted divorced spouses are in protocol with their own free will within the framework of legal restrictions; liquidation of the goods regime, the personal relationship of the joint child with the 3rd persons, the personal relationship to be established with the non-communal child.

The voluntary matters contained in the protocol are also subject to the evaluation of the judge. This assessment is an assessment that spouses will make in accordance with their free will. He doesn’t do any reason research.

Consequently,

Spouses who want to end the marriage union with a contracted divorce should prepare a divorce protocol provided that they pay attention to the elements we have explained. With the approval of the prepared divorce protocol by the judge or the approval of the changes made by the judge by the parties, the divorce case ends with the divorce requested by the parties.