Uncontested Divorce in Turkish Law: Legal Procedure, Conditions and Process

Uncontested Divorce in Turkish Law: Procedure, Legal Basis and Key Considerations

An uncontested divorce (anlaşmalı boşanma) is a method of terminating a marital union based on mutual agreement and is widely considered the most efficient and least contentious form of divorce under Turkish law. It is regulated under Article 166(3) of the Turkish Civil Code (Türk Medeni Kanunu), which provides a clear legal framework for spouses who have reached full consensus on all aspects of their separation. However, even in seemingly straightforward cases, legal counsel is strongly recommended to prevent irrevocable losses of rights.

According to Matrimonial breakdown Article 166 of the Turkish Civil Code:

“If there is severe breakdown of family life that the continuation of common life cannot be expected, either spouse can sue for a divorce.

In the cases mentioned above, if the plaintiff is more at fault, the defendant shall have a right to object. However, if this objection constitutes abuse of right and if there is no good in the continuation of marriage for the defendant and children, the court can rule for divorce.

If the marriage lasted for at least one year and the spouses apply together for divorce or one of the spouses accepts the lawsuit filed by the other one, union of marriage shall be deemed to have incurred a breakdown. In order to rule for a divorce, the judge must hear the parties in person and be convinced that the parties have expressed their free will and deem suitable the arrangement regarding financial consequences of the divorce and situation of children to be accepted by both parties. The judge can make the necessary amendments to this agreement by taking into account interests of children and both parties. In the case that such amendments are accepted by both parties, the judge shall rule for divorce. In this case, the provision that acknowledgement of the parties is not binding for the judge shall not apply.

In the case that the lawsuit filed based on one of the grounds for divorce is dismissed, three years have passed as of the date when this decision is finalized, union of marriage shall be deemed to have incurred a breakdown if a common life is not established over again for any reason whatsoever and a ruling shall be given for divorce upon request of one of the spouses. ”

This provision lays down the following conditions for an uncontested divorce:

• The marriage must have lasted for at least one year;

• The parties must agree on all consequences of the divorce, including maintenance, custody, and division of property;

• Both spouses must attend the hearing in person to confirm their consent;

• The agreement must be found acceptable by the court.

Divorce Protocol (Settlement Agreement)

The parties are required to submit a written divorce protocol, setting out all terms and consequences of the divorce. This protocol must address the division of assets, custody of children (if any), visitation rights, alimony (if agreed), compensation claims, and the use of the family residence.

The judge has discretion to make amendments if the agreement is deemed contrary to the interests of the parties or children. Any such changes must be accepted by both parties for the divorce to be finalised.

Court Proceedings and Finalisation

Most uncontested divorces are concluded in a single hearing, often referred to as a “one-session divorce.” During the hearing, the judge listens to both parties and confirms that their will is freely expressed. A divorce decree is issued at the end of the hearing, followed by the preparation and service of the reasoned judgment.

After notification, a 2-week appeal period (right of objection) begins. If neither party appeals or if both submit a waiver of appeal, the judgment becomes final and is registered with the Civil Registry Office (Nüfus Müdürlüğü).

Division of Property and Jewellery

Spouses are free to include or exclude property division and wedding jewellery (often referred to as ziynet eşyası) from the divorce protocol. However, if they are excluded, separate legal proceedings (e.g., property division or recovery of jewellery) may still be initiated within 10 years of the divorce.

General statements such as “there is no financial claim between the parties” are not deemed sufficient by the Court of Cassation (Yargıtay). For a valid waiver, the agreement must contain explicit and detailed provisions.

Custody and Maintenance (Alimony)

If the marriage has produced children, the divorce protocol must specify custody arrangements and visitation rights. The court will always prioritise the best interests of the child and may amend the agreement accordingly.

There are two common types of alimony in uncontested divorces:

• Spousal maintenance (yoksulluk nafakası): Requires explicit agreement in the protocol. It cannot be claimed later if waived.

• Child maintenance (iştirak nafakası): Even if not agreed or waived, courts may still award child support due to its connection with public order and child welfare.

An uncontested divorce offers a fast, cost-effective, and psychologically less taxing path to separation. However, the process involves significant legal and procedural nuances that may lead to unforeseen disputes or financial consequences if not handled carefully. For this reason, engaging an experienced family lawyer is strongly recommended to ensure that your rights are protected and your future secured.