Uncontested divorce (anlaşmalı boşanma) is a type of divorce in which the spouses share a common will to end the marriage and have reached agreement on the legal consequences of the divorce. In Turkish law, the uncontested divorce process is one of the important legal routes that allows the parties to divorce more quickly and with less conflict.

In an uncontested divorce case, it is not enough for the spouses simply to agree on the divorce. The parties must also make a clear and lawful arrangement on maintenance, custody, compensation for financial and non-financial damage, division of property and other financial consequences. It is very important that the uncontested divorce protocol is drafted in a way that protects the rights of the parties.

What Are the Requirements for Uncontested Divorce?

For an uncontested divorce to take place, certain requirements under the Turkish Civil Code (TMK) must be met. First, the marriage must have lasted at least one year. In addition, the spouses must express their will to divorce freely and must reach agreement on the consequences of the divorce.

In the uncontested divorce process, the court assesses the protocol prepared by the parties and their will to divorce. The judge hears the parties in person and assesses whether the agreement is based on their free will and whether its terms are lawful.

What Is an Uncontested Divorce Protocol?

The uncontested divorce protocol (anlaşmalı boşanma protokolü) is the legal document that puts into writing the agreement the spouses have reached on the consequences of the divorce. This protocol is one of the most important stages of the divorce process, and if it is incomplete or drafted incorrectly, it can lead to new disputes later on.

In particular, the protocol must set out clearly and understandably important matters such as:

the common will of the parties to divorce,
custody of the children and arrangements for personal contact,
maintenance claims,
compensation for financial and non-financial damage,
division of property and financial rights.

These headings need to be addressed in the protocol.

Custody, Maintenance and Division of Property in Uncontested Divorce

For spouses with children, custody is one of the most important issues in an uncontested divorce. In custody arrangements, the court always takes the best interests of the child (çocuğun üstün yararı) as the basis. If the agreement made by the parties is not found to be in the child’s interests, the judge may change it.

As for maintenance, the spouses must state clearly which type of maintenance is or is not being claimed. Addressing issues such as interim maintenance (tedbir nafakası), child maintenance (iştirak nafakası) and post-divorce maintenance (yoksulluk nafakası) clearly in the protocol can prevent disputes that might arise in the future.

Division of property is also one of the important areas that require attention in the uncontested divorce process. The rights of the parties must be assessed correctly with regard to assets acquired during the marriage, real estate, vehicles, bank accounts and other assets.

How Is an Uncontested Divorce Case Filed?

An uncontested divorce case is filed with the competent family court (aile mahkemesi) together with the divorce petition and the uncontested divorce protocol prepared by the parties. During the proceedings, the parties must declare their will to divorce before the court.

Although uncontested divorce can be concluded more quickly than other types of divorce, it still requires careful work to prepare the legal documents correctly and to protect the rights of the parties.

Why Legal Support Matters in Uncontested Divorce

The fact that the parties have reached agreement between themselves in the uncontested divorce process does not mean that all legal risks have disappeared. It is particularly important to assess the consequences that the clauses of the divorce protocol may have in the future.

Protocols that are incomplete or that do not fully reflect the true will of the parties may later cause new legal problems concerning maintenance, division of property, custody or compensation.

Legal Support with Attorney Ezgi Çalışkan in the Uncontested Divorce Process

In the uncontested divorce process, it is important to protect the rights of the parties, to prepare the protocol lawfully and to conduct the process properly. Attorney Ezgi Çalışkan provides legal advice and case management services in uncontested divorce proceedings within the scope of divorce and family law.

You can obtain support from Attorney Ezgi Çalışkan to have your legal situation assessed during your divorce process and to prevent any loss of rights.