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Conditions for Uncontested Divorce

Minimum length of marriage, joint application, hearing of the spouses by the judge and the content of the divorce protocol.

Author: Att. Ahmet Bertuğ Dönmez Date: 21 August 20261 min read

Uncontested divorce is a faster route in which the spouses agree on the divorce and its consequences. It is governed by Article 166/3 of Turkish Civil Code No. 4721 (TMK).

Conditions

  • The marriage must have lasted at least one year.
  • The spouses must apply to the court together, or one spouse must accept the case filed by the other.
  • The judge must hear the spouses in person and be satisfied that they expressed their will freely.
  • The judge must approve the arrangement agreed by the parties on the financial consequences and the children.

What should the protocol include?

  • Custody and arrangements for personal contact with the children
  • Child support and, if any, spousal support
  • Agreement on division of property and on material and moral damages
  • Household goods and the family home

The judge may make changes to the protocol considering the interests of the children and the parties; if the parties accept the changes, the divorce is granted.

A clear and complete protocol prevents disputes over support and division of property after the divorce.

Sources

  • Turkish Civil Code No. 4721, Art. 166/3
Content on this site is for general information only and does not constitute legal advice.

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