DESCRIPTION:
Uncontested divorce, which is among the general grounds for divorce, is clearly stated in Article 166/3 of the Turkish Civil Code. As can be seen when we look at the text of the article:
VI. Breakdown of the marriage union Article 166– If the marriage union is so fundamentally shaken that they cannot be expected to maintain a common life, each spouse may file for divorce. In the cases specified in the paragraph above, if the fault of the plaintiff is more serious, the defendant has the right to object to the lawsuit filed. However, if this objection is in the nature of abuse of right and there is no benefit worth protecting for the defendant and children in the continuation of the marriage union, divorce may be granted. If the marriage has lasted for at least one year, if the spouses apply together or if one spouse accepts the other spouse's lawsuit, the marriage union is deemed to be shaken from its foundations. In order to grant a divorce in this case, the judge must listen to the parties in person and be convinced that their wills have been freely expressed and approve the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the status of the children. The judge may make the changes he/she deems necessary in this agreement by taking into consideration the interests of the parties and the children. If these amendments are accepted by the parties, a divorce shall be granted. In this case, the provision that the admissions of the parties shall not bind the judge shall not apply. In the event that the lawsuit filed for any of the grounds for divorce is dismissed and three years pass starting from the date of the finalization of this decision, if the common life cannot be re-established for whatever reason, the marriage union is deemed to be fundamentally shaken and divorce is decided upon the request of one of the spouses.
The uncontested divorce case is essentially a type of divorce that is carried out in an uncontested manner as a result of the parties wishing to end the marriage relationship with their own free will.
WHERE IS THE COMPETENT COURT?
Family Courts are the competent court. If there is no Family Court, the Civil Courts of First Instance in the provinces or districts where it is located will act as a Family Court.
WHICH FAMILY COURT HAS JURISDICTION?
The parties may file this lawsuit in the Family Court where either of the spouses resides.
CONDITIONS FOR UNCONTESTED DIVORCE?
The legislator has set a number of conditions:
A- The marriage must have lasted at least 1 year.
B- Either the spouses must apply together or the other spouse must accept the lawsuit filed by the other spouse.
C- The protocol and the petition are prepared together and the lawsuit is filed.
D- The parties will definitely be present on the day of the hearing and will declare their will before the judge.
E- The Divorce Protocol must be approved by the judge.
CAN THE ARTICLES BE AMENDED AFTER THE UNCONTESTED DIVORCE IS FINALIZED?
It is not possible to re-litigate the issues set out in the Protocol.
There is only one exception to this; ‘'Alimony for Contribution'
If there is no clause in favor of the child, it is possible to re-litigate these issues.
SHOULD THE PARTIES PARTICIPATE IN AN UNCONTESTED DIVORCE CASE?
In an uncontested divorce case, the spouses must attend in person, even if they have a lawyer.
WHAT ARE THE ELEMENTS THAT SHOULD BE INCLUDED IN AN UNCONTESTED DIVORCE PROTOCOL?
Detailed preparation of the protocol is very important.
Alimony, Compensation, Household goods, Custody, Details of the personal relationship with the child, Sharing of jointly acquired property,
SHOULD EVIDENCE OR WITNESSES BE PRESENTED IN AN UNCONTESTED DIVORCE CASE?
No, no witnesses or evidence is required. The judge will decide without investigation. He will make formal examinations.
HOW LONG DOES AN UNCONTESTED DIVORCE TAKE?
It takes a very short time compared to the contentious divorce type. As a result of the application, after the petition and protocol are included in the hearing day in a complete manner, after the parties declare their free will, if the judge does not see any problems, it can be resolved in one session.
WHAT IS THE PROGRESS OF UNCONTESTED DIVORCE?
Following the court's decision, a reasoned decision is written and notified to the parties.
After the notification, the divorce decision becomes final if it is not appealed within a period of 15 days from the date of notification. After the finalization, a finalization annotation is prepared by the relevant court. Civil Registry Offices will process the decision on the birth certificate.