Article 166 of the Turkish Civil Code ("TCC") allows for the termination of marriage through mutual agreement after a certain period of time. Article 166/3 of the TCC makes uncontested divorce possible for marriages that have lasted for at least one year. The spouses apply to the court with a divorce protocol, and then, in a hearing, they explicitly state their divorce request in front of the judge. This process usually concludes in a single hearing.

Uncontested divorce is one of the grounds for divorce specified in the TCC. Spouses who agree that the marriage union has been fundamentally shaken and that cohabitation has become unbearable may apply for uncontested divorce. For the uncontested divorce to take place, certain legal requirements must be met.

Article 166/3 of the TCC clearly outlines the conditions under which spouses, who agree that the marriage union has been fundamentally shaken and that living together is impossible, can divorce. These conditions include that the marriage must have lasted at least one year, both spouses must mutually agree to divorce, a clear expression of will must be made in front of the judge, and the arrangements regarding the financial consequences of the divorce and the situation of the children must be deemed appropriate.

1. Conditions for Uncontested Divorce

For an uncontested divorce to occur, the following conditions must be fulfilled:

• 1.1. The Marriage Must Have Lasted at Least 1 Year

The marriage must have lasted at least one year from the date of marriage. If a divorce case is filed before this period is completed, the case will not be accepted, and in this case, it will turn into a contested divorce case. In cases where the marriage duration is less than one year, the court will gather evidence and decide on the divorce. However, a contested divorce case may later turn into an uncontested divorce case if it was initiated based on general reasons (such as severe incompatibility), not special grounds.

• 1.2. The Spouses Must File the Case Together or One Must Accept the Other’s Case

For an uncontested divorce, the spouses must either file the case together or one spouse must accept the case filed by the other. In this case, the divorce cannot be based solely on general reasons (such as severe incompatibility). For special grounds (such as adultery, desertion), uncontested divorce is not possible.

• 1.3. The Spouses Must Make a Free Expression of Will

In an uncontested divorce case, the judge asks the spouses to express their will openly and freely in the hearing. This is a condition related to public order. The judge ensures that the spouses are freely agreeing to the divorce without any pressure from one another. The spouses must be heard directly in court, not through their lawyers. Furthermore, both spouses must be heard by the same judge together; therefore, separate hearings or methods such as SEGBIS (Audio and Video Information System) are not allowed for the divorce to take place.

• 1.4. The Divorce Protocol Must Be Deemed Appropriate

The spouses must agree on financial matters and the situation of the children. These agreements must be submitted to the court with a divorce protocol. The judge reviews this protocol and evaluates the appropriateness of the agreements. If the judge finds the agreements appropriate, the divorce will proceed. However, the judge may intervene in the agreements and make suggestions. If the spouses agree to the judge’s suggestions, the divorce can proceed. If disagreements arise, the case will turn into a contested divorce.

2. Details of Uncontested Divorce

• 2.1. Agreement on Financial Matters

In the uncontested divorce protocol, the spouses must clearly agree on matters such as material and moral compensation claims and alimony. These claims must be presented to the court, and the judge must find them appropriate. The type of compensation (material or moral) and alimony claims should also be specified in the protocol. If the spouses wish to keep their compensation claims reserved, this will make an uncontested divorce impossible.

• 2.2. Agreement on Children

If there are children during the divorce, agreements must be made regarding custody and the future of the children. This agreement is considered under three main headings: child support, custody, and personal relationship. The spouses must reach an agreement on each of these issues, and the court must find the agreement appropriate. Child support can be requested, and an arrangement should be made on this matter. Additionally, the spouses must agree on custody issues. The parent who does not receive custody must have a specified personal relationship with the child, and the visitation times must be approved by the court.

• 2.3. Where Should the Uncontested Divorce Case Be Filed?

The uncontested divorce case should be filed in the family court of the spouse’s place of residence (domicile) or the place where the spouses have lived together for the last 6 months. However, the spouses can mutually agree to file the case in any court in Turkey. The competent court in every case is the family court. In areas without a family court, civil courts of general jurisdiction will handle the case.

• 2.4. What to Do for an Uncontested Divorce?

To file for an uncontested divorce, a divorce protocol must first be prepared. This protocol should include all conditions regarding the divorce (financial agreements, the situation of the children, etc.). Then, a divorce petition should be submitted to the court. After the required fees are paid, the case will be opened. The court will accept the application and schedule a hearing date. On the hearing day, both spouses must personally attend the hearing.

• 2.5. How Many Hearings Does an Uncontested Divorce Take?

Uncontested divorce cases usually conclude in a single hearing. However, in some cases, the judge may find deficiencies in the protocol or may not be able to take the spouses' statements clearly. In such a case, the divorce case may take several hearings to complete. Additionally, depending on the court's workload, the process may take longer, generally not exceeding a month.

• 2.6. Uncontested Divorce Process

The uncontested divorce process consists of several steps from the initial application to the final judgment. While there is a general framework, the process may vary depending on the workload of the courts in the relevant province and other factors.

The uncontested divorce case begins with the spouses preparing a protocol and applying to the court. In the initial step, an application is made through the spouses’ lawyers, and the petition and protocol are submitted to the court. Typically, within about 40 days after the application, the court will set a hearing date. By the hearing date, the spouses must demonstrate that they have mutually agreed on the divorce protocol.

On the hearing day, the court evaluates the protocol and all documents. If everything is in order, the court will issue the divorce decree in a single hearing. The decree is shaped according to the spouses’ request for uncontested divorce, and the clauses in the protocol are directly included in the court’s ruling. The court will prepare the reasoned judgment within 30 days after issuing the decree. The reasoned judgment will be written by the court before it is notified to the parties, and the period for writing the judgment is a distinct stage.

After the reasoned judgment is notified to both parties, they can file an appeal within 2 weeks. If no appeal is made or if the parties waive the appeal, the divorce decision becomes final. At this point, the finalized divorce decision is sent to the Civil Registry Office, and the parties' registry information is updated. Once these steps are completed, the uncontested divorce process generally ends within 2 to 3 months. However, if a lawyer manages the process effectively, this period can be shorter.

• 2.7. Uncontested Divorce Protocol

The divorce protocol prepared by the spouses during an uncontested divorce is very important. This protocol regulates all the rights and obligations of the spouses. The protocol covers various matters, including the division of property acquired during the marriage and the custody of the children.

The uncontested divorce protocol must be written and submitted to the court with an original signed copy. This protocol is submitted to the court when the divorce case is filed. The court will approve the protocol and include it in the ruling. If the spouses wish to change the terms of the uncontested divorce request during the trial, a new protocol can be prepared and submitted to the court.

The court, after reviewing the protocol, may intervene in some issues, especially concerning alimony amounts and arrangements for the children's care. However, the court is required to thoroughly examine the provisions of the protocol before accepting the spouses' agreements.

• 2.8. Uncontested Divorce and Property Division

In an uncontested divorce case, the division of property is made based on the mutual agreement of the parties. The way in which the assets acquired during the marriage will be divided must be clearly stated in the protocol. The court approves the property division agreed upon by the parties and enforces it along with the divorce decision.

If the divorce protocol is prepared incorrectly or incompletely, a separate lawsuit may be necessary for the property division. This is important to prevent any future loss of rights for the parties. The court makes the decision regarding the property division based on the arrangements made in the protocol. This decision also includes official processes like title deed transactions.

• 2.9. Binding Nature of the Uncontested Divorce Protocol

The uncontested divorce protocol is binding on the parties. The parties are obligated to adhere to the protocol. If there is any dispute regarding the protocol, legal action can be initiated. For instance, if one party fails to pay the alimony or compensation they owe, enforcement proceedings can be initiated. Similarly, if a debt specified in the protocol is not fulfilled, the relevant party can approach the court and initiate legal proceedings against the defaulting party.

After the uncontested divorce process, lawsuits based on new evidence may lead to the cancellation of the protocol. However, once the divorce decision becomes final, it is not possible to introduce new evidence. Therefore, attention should be paid to properly manage the uncontested divorce process and the preparation of the protocol to prevent long-term issues.

• 2.10. Women's Rights and Uncontested Divorce

In the uncontested divorce process, the rights of the woman are also important. The woman may include her demands for alimony, property division, compensation, and other claims in the divorce protocol. Her rights should not be neglected during the uncontested divorce process, and her demands must be included in the protocol. She should wait for the finalization of the divorce decision to claim her rights in the protocol, such as alimony and compensation. However, no changes can be requested after the divorce.

• 2.11. Appeal and Withdrawal from Uncontested Divorce

The parties have the right to appeal the uncontested divorce decision. However, based on the uncontested divorce protocol, the parties may waive their right to appeal. The waiver must be submitted to the court in writing. In this case, the decision of the court becomes final, and the parties cannot take further action regarding the uncontested divorce decision.

The parties may withdraw from the uncontested divorce decision and continue with a contested divorce case. This does not invalidate all the agreements made by the parties at the beginning of the uncontested divorce. However, withdrawing from the divorce case means waiving the claims.

3. What Should be Included in the Uncontested Divorce Protocol?

The main topics that should be included in the uncontested divorce protocol are as follows:

• Custody of the children
• Alimony
• Child support (participation alimony)
• Material and moral compensation
• Division of joint property

These arrangements become binding once they are approved by the court. The parties are obligated to comply with these provisions after the divorce. Properly preparing the protocol is crucial to prevent potential disputes in the future.

4. Additional Topics That Can Be Added to the Divorce Protocol and Managing Uncontested Divorce

• 4.1. Transfer of Real Estate

Another important issue that can be included in the divorce protocol is how the real estate acquired during the marriage will be divided. The parties may decide to transfer certain properties to each other or to their children. These arrangements should be reported to the court to be reflected in the land registry. In case of any deficiencies or errors in the title deed record, the relevant party may file a lawsuit to cancel the title deed. Such lawsuits are subject to a 10-year statute of limitations, and it is important to manage the legal process properly and in a timely manner.

• 4.2. Custody Arrangements

Custody rights are also a significant issue in uncontested divorces. The spouses can jointly decide which party the children will live with during the divorce. However, the court may not always approve the decision of the parties and may assign custody to the other party. If the custody arrangement made by the parties is not approved by the court, a lawsuit can be filed to change the decision. Even if the parties reach an agreement on joint custody, the judge may make a decision based on the best interests of the children.

• 4.3. Alimony Claims

The spouses may also reach an agreement on alimony in the uncontested divorce protocol. Whether or not alimony will be paid depends on the parties' wishes. If the parties do not agree to pay alimony in the protocol, they will not be able to request alimony later. However, the situation is different for child support. Even if the parties did not bring up child support during the uncontested divorce, they may claim it in the future.

• 4.4. Use of Surname

The issue of whether the woman will continue to use her ex-husband's surname after the divorce is an important matter that can be included in the uncontested divorce protocol. According to the Turkish Civil Code (TMK), a woman takes her husband's surname after marriage. However, after divorce, the woman's continued use of her husband's surname requires his consent. If the woman states in the uncontested divorce protocol that she will continue to use her ex-husband’s surname, this provision will be included in the court’s decision and will become valid. The court will make a decision on this matter, and the surname change will be communicated to the population registry office for registration.

• 4.5. Rent and Utility Payments

Divorced couples, especially those with children, may include how the rent and utility payments for the house where the children will live in the protocol. This kind of arrangement is an important step to prevent future disputes between the parties. If such a payment arrangement is made in the uncontested divorce protocol and not fulfilled, enforcement proceedings can be initiated.

• 4.6. Payment of Loan Debts

During the divorce, agreements can be made regarding ongoing loan debts between the couple. For example, the spouses may establish a protocol specifying which party will pay the installments of the loans they took together. Such an agreement clearly indicates which spouse is responsible for the debt, and it becomes binding through the court's decision. If the parties fail to comply with this agreement after the uncontested divorce, enforcement proceedings can be initiated against the defaulting party.

• 4.7. Cancellation of the Divorce Protocol and Legal Processes

If a situation contrary to the protocol arises after the uncontested divorce decision has become final, the parties may request its cancellation. However, the cancellation of the protocol can only be made within the appeal period.

5. Conclusion

Uncontested divorce is a process where the parties mutually agree to divorce, often resulting in a shorter time frame. However, there are many aspects to consider in the protocol to ensure the best solution for both parties and avoid future problems. The uncontested divorce protocol must be carefully prepared and approved by the court. In the event of any dispute between the parties, legal processes will come into play, and these processes must be managed carefully.