How Does an Uncontested Divorce Work in Turkey? Requirements, Documents and the Divorce Protocol

1. What are the requirements?

Turkish law requires four things (Civil Code art. 166(3)):

1. The marriage has lasted at least one year. A shorter marriage cannot end by uncontested divorce; another legal ground must be proven in a contested case.
2. The spouses apply together, or one spouse accepts the other's case.
3. The judge hears the spouses in person. Both spouses must attend the hearing, even if they are represented by a lawyer.
4. The judge approves the arrangements on finances and children, usually set out in a written divorce protocol.

2. What should the divorce protocol cover?

Agreements on the consequences of divorce are not valid unless approved by the judge (Civil Code art. 184 [1]). Depending on the case, the protocol should state clearly:

Common mistakes

• Vague wording such as "the child will be seen at suitable times": write days, times and handover places.
• Leaving out property. If the protocol is silent on the matrimonial property regime, whether a separate property claim can be brought later may be disputed. State clearly what is divided and what "no further claims" covers.
• Forgetting debts. An agreement between spouses does not bind the bank; the bank can still pursue the borrower named in the loan.
• Waiving claims without realising it. Claims for compensation and maintenance arising from the divorce are time-barred one year after the divorce judgment becomes final (Civil Code art. 178 [1]), and a claim expressly waived in the protocol usually cannot be raised later.

3. Where do you file?

• Court: the family court; where none exists, the civil court of first instance designated by the Council of Judges and Prosecutors (Law No. 4787 arts. 2 and 4 [2]).
• Place: the court where either spouse is domiciled, or where the spouses lived together for the last six months before filing (Civil Code art. 168 [1]).

4. Documents usually needed

• Divorce petition (signed by both spouses for a joint application)
• The signed divorce protocol
• Identity details of both spouses
• Power of attorney, if a lawyer acts for you
• Proof that court fees and the cost advance have been paid

5. Step by step

1. Prepare and sign the protocol.
2. File the petition and protocol with the family court and pay the fees and cost advance.
3. Attend the hearing in person; the judge hears each spouse and reviews the protocol.
4. The judge grants the divorce, or proposes changes that both spouses must accept.
5. The judgment becomes final if no appeal is filed within two weeks of service (Code of Civil Procedure art. 345 [3]). In practice, spouses can state at the hearing that they will not appeal, which speeds this up.
6. The final judgment is recorded in the civil registry.

How long does it take? The law sets no time limit; it mainly depends on the court's workload and hearing date. With a complete protocol, the case is usually decided at a single hearing.

6. After the divorce

• Surname: a woman generally resumes her pre-marriage surname; she may ask the court for permission to keep her former husband's surname if she has an interest and it does not harm him (art. 173 [1]).
• Remarriage: a woman may not remarry until 300 days after the marriage ends; giving birth ends this period, and the court may lift it if she is not pregnant or the former spouses wish to remarry each other (art. 132 [1]).
• Maintenance: spousal maintenance ends automatically if the recipient remarries or either party dies, and may be ended or adjusted by the court if circumstances change (art. 176 [1]).

7. Hypothetical example

This example is purely hypothetical. A and B have been married for three years and have a five-year-old child. Their protocol gives custody to the mother, sets contact for the father on the 1st and 3rd weekends of each month and two weeks in summer, fixes monthly child maintenance and divides the household items. At the hearing the judge notes that the protocol does not say how child maintenance will increase each year and proposes adding this. Both accept, and the divorce is granted.

8. FAQ

What if my spouse does not attend the hearing?

An uncontested divorce cannot be granted; the judge must hear both spouses in person.

Our marriage is less than a year old. Can we divorce by agreement?

No, not by uncontested divorce. Another legal ground for divorce must be proven.

Can I change my mind?

Yes, until the judge decides. If a spouse tells the court they do not accept the protocol, an uncontested divorce cannot be granted.

Do I need a lawyer?

No, spouses may file themselves. A vague or incomplete protocol can, however, lead to new disputes after the divorce.

Can maintenance agreed in the protocol change later?

Yes, if circumstances change significantly, the court can be asked to increase, reduce or end it (art. 176).

Can custody be changed later?

If circumstances change significantly and the child's interest requires it, a separate case can be filed to change custody.