Date : 24/05/2018

An Easy Way to Split: Consensual (Uncontested) Divorce in Turkish Family Law

Increasing number of people are choosing consensual divorce over the contested one, because it is quicker, easier and cheaper.

As per to the Turkish Civil Code (“TCC”) Article 166/3, under certain conditions, spouses may divorce by conciliation on all material and moral legal consequences of the divorce.

With consensual divorce method the spouses can avoid the harsh consequences of the difficult divorcing period that wear off them materially and spiritually.

Conditions of the Consensual Divorce

TCC determined certain conditions for the consensual divorce. Provided that the following conditions are met, the divorce decision have to be granted.

The Marriage must be Lasted at least 1 year

The Article 166/3 of the TCC stipulates that the marriage must be lasted at least 1 year.

With this provision the Legislator desires to be sure that the spouses tried to be stay married at least 1 whole year. Note that during this period, couples do not have to live together.

Application to the court Together or Acceptance of Divorce Suit by the Defendant Spouse

As per to the Article 166 of the TCC, the spouses must apply to the court together or if one of the spouses apply to the court alone, the defendant spouse must accept the divorce suit.

Spouses Personal Attendance to the Hearing

Article 166 of the TCC stipulates that the spouses must participate to the hearing and judge must listen the spouses personally.

Since the main purpose of this provision is convincing the judge about the will of the spouses on the divorce is freely declared without any influence or defection, the spouses cannot declare their will through an attorney on the hearing.

Judges Ratification on the Agreement Regarding the Material Consequences of the Divorce and the Situation of the Children

The spouses must draft a divorce settlement agreement regarding the consequences of the divorce. This agreement on the consequences of the divorce must be ratified by the judge.

However, in case that the agreement contains inappropriate provisions, the judge may make the necessary amendments taking into account the interests of the spouses and their mutual children. In this case, the amended agreement needs to be accepted by the spouses. Otherwise consensual divorce does not take place.

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Author: Abdülkadir Güzeloğlu & Tarık Kurban
Relevant Fields: International Family Law