What Are the Conditions of an Uncontested Divorce?

In short

An uncontested divorce comes onto the agenda with the marriage having lasted at least one year, a common will on the divorce and its results, an applicable protocol, and acceptance before the court. There is no promise of a single hearing.

1. A marriage of at least one year (the official wedding date)
2. The will to divorce being common and free
3. Custody, maintenance and the financial results being written into the protocol
4. The statement of acceptance of the protocol at the hearing

It is not a condition: saying only let us divorce; the office address; the compulsion of a lawyer; ending in a single hearing.

If the spouse does not sign, the article on the contested process is read. The protocol item is in the article on the protocol, and the papers in the article on the list of papers.

The jurisdiction of the family court in Ankara is looked at in the residence or the last common home; the office in Çankaya does not choose the court.

What does an uncontested divorce mean?

An uncontested divorce is a special path on which the spouses have reached a common frame not only on divorcing, but also on the results of the divorce. While in a contested divorce the parties can enter a long trial over fault, evidence and mutual claims, on the uncontested path the area of dispute is narrowed. This narrowing is not an automatic promise of ease; the protocol must be lawful, open and applicable.

This text is for general information. Each file progresses differently according to the duration of the marriage, the position of the children, the assets and the parties' free will. A definite result, or a promise of a fixed period, cannot be given.

The same statutory frame also applies in the uncontested divorce files heard at the family courts in Ankara. The local volume and the tempo of service can affect the process; the basic conditions rest on the national legislation. For the wider frame of family law you can examine our family-law practice area.

The scope of this article

The statutory condition and the common will are told in this article. How a protocol clause is written is left outside this article; the uncontested divorce protocol. The list of papers is left outside this article; the papers for an uncontested divorce. The confirmation at the hearing is left outside this article; the uncontested divorce hearing.

The statutory conditions and the common will

For an uncontested divorce to be able to work, a few basic conditions are looked for together:

1. The suitability of the duration of the marriage: Within the statutory frame it is looked for that the marriage has lasted at least one year. In marriages shorter than one year, this special path often does not come onto the agenda.
2. The common character of the will to divorce: The parties must really want to divorce. Statements given under pressure, threat or misleading are not counted as a healthy agreement.
3. Agreement on the results: There must be an applicable protocol on the matters relating to custody, personal contact, maintenance, compensation and the assets.
4. Acceptance before the court: It is expected that it is stated at the hearing that the protocol was accepted with a free will.

Saying only we agreed is not enough. The court supervises the child's best interest especially in the arrangements relating to the child. Even if the protocol was signed in form, an additional arrangement can be asked for if the content is uncertain.

How is the common will understood?

The common will is assessed over the signing of the text, the open statement at the hearing, and the conformity of the content with the actual living conditions. If one of the parties enters a reservation at the hearing, the uncontested path can break. The protocol should therefore be prepared by knowing the results, not with the pressure that it should end quickly.

A risk often seen in practice is one of the parties signing the protocol with the thought that I will sign for now and object later. After the statement of acceptance is given at the hearing, this approach can create a problem both procedurally and in fact. The other risk is consent given under economic or emotional pressure. The court can investigate the free will; in files that give birth to a suspicion, an additional question or an arrangement being asked for is ordinary.

The content of the protocol: which headings should be clarified?

The protocol is the backbone of the uncontested divorce. A good protocol reduces the debate later of what did we mean. A weak protocol can turn an action that ended in a short time into a dispute that lasts for long years.

Arrangements relating to the child

• To whom the custody will be left
• The days, the hours and the holiday sharing of personal contact with the other parent
• The place of delivery and receipt, and the path of communication in case of delay
• Information in important decisions such as education, health and leaving the country

These headings should fit the child's age and the actual care arrangement. A calendar that is hard to apply can lead later to claims of a breach.

Maintenance and the financial items

• Child maintenance (for the child), and post-divorce maintenance if there is any
• The payment day, the amount, the method of increase (if there is one) and the bank account
• The amount and the form of payment, if pecuniary or non-pecuniary compensation was agreed
• The division relating to jewellery, household goods, the vehicle and immovable property
• On whom the joint credit, the rent or the other debts will remain

Items such as maintenance can be the subject of enforcement. Maintenance that is left uncertain makes collection harder. At this point the frame of enforcement and bankruptcy law can also be relevant.

The property regime, and the risk of we will look later

The division of property not being written into the protocol at all may not prevent the divorce from taking place; the liquidation can be the subject of a separate action. General expressions such as everyone takes their own property give birth in practice to a dispute of interpretation. In property with a land-registry record, the form of the transfer, the period and the burden of expense should be written as far as possible.

How does the legal process progress?

A typical uncontested divorce process can be thought of with these steps:

1. Determination of whether the parties really agreed on the divorce and the results
2. The check of the duration of the marriage from the aspect of the statutory condition
3. Preparation of the draft protocol, and the removal of the uncertain points
4. Bringing the action at the competent family court
5. Determination of the service and of the hearing day
6. The statement of acceptance of the protocol at the hearing, and the court's supervision
7. The giving of the decision, and if necessary the civil-registry transactions and the following of finality

Each step can produce additional time inside itself. An incomplete document, the wrong competent court, or a contradiction of the protocol lengthens the process. For the variables that affect the time you can look at the article on how long does a divorce action take?.

Documents and preparation

Generally the marriage booklet or the civil-registry extract, the signed protocol and the identity information are attached to the petition. An income document, school or health information relating to the child, or a document of immovable property may be required according to the content of the file. The documents being consistent reduces the risk of a surprise deficiency at the hearing.

Whom does it concern?

• Spouses who want to end the marital union by agreement
• Parents who are close to a common frame on the subjects of custody and of maintenance
• Those who want to tie financial matters such as the division of property and jewellery to the protocol
• Parties who want to avoid the burden of contested proceedings, but who also want to see the risk of a loss of right

If there is pressure, economic dependence or incomplete information under the appearance of an agreement, the process may not progress in a healthy way. The free will is the basis. If one of the parties is in the approach of sign at once, we will correct it later, the long-term risk rises.

Points to watch, and frequent mistakes

• Uncertain expressions (suitable maintenance, we will see) can give birth to a dispute later
• The custody arrangement being written in a way that does not fit actual life
• The amount of maintenance and the form of payment not being written openly
• The jewellery and the division of property being forgotten
• The signature of the protocol and the statement at the hearing contradicting
• Calendars built only according to the parents' comfort, without observing the child's best interest
• Bringing the action at a court without jurisdiction

Risk of a loss of right: if items that can be the subject of enforcement later (maintenance and the like) are not clear in the protocol, collection can become harder. Postponing the liquidation of the property regime can also create a disadvantage as regards evidence and valuation.

What does the court's supervision cover?

The court does not ignore the parties' will; it may not accept arrangements it sees as contrary to law, incapable of being applied, or contrary to the child's interest. In this case a correction being asked for is ordinary. The supervision does not mean the court rewrites everything; it is not a formal signature ceremony either.

After the decision: finality, the civil registry and application

In an uncontested divorce action, the giving of the decision may not mean the process ended completely, legally and in fact. The finality of the decision, the notification to the civil-registry directorate, and the application of the obligations that take place in the protocol are separate headings.

Finality and the civil-registry transactions

Some results may not arise fully before the decision becomes final. The period of the legal remedy and the state of service play a role at this point. For the updating of the civil-registry records, the official notification process is followed. The parties' marital-status information is important for later legal transactions (marrying again, inheritance, banking, and the like).

The application of the protocol

The calendar of custody and of personal contact working in fact; the maintenance being paid on time; the deliveries of movables and of immovable property, and the undertaking of the debts, are critical so that the protocol does not stay on paper. If the payment is not made, the path of enforcement can come onto the agenda. The items of the protocol being written with an openness suitable for enforcement is therefore important not only for the speed of the action, but also for the later application.

A later need for a change

The child's age, the school position or the parents' living conditions can change over time. In this case a separate assessment may be required for custody or for personal contact. The judgment given in an uncontested divorce should not be taken, in every condition, for a frame that does not change forever; the change also does not happen of itself, a legal path is followed.

The related legislation and the judicial practice

The basic basis of the subject is the provisions of the Turkish Civil Code relating to divorce and to an uncontested divorce. The jurisdiction and the competence of the family courts, and the procedure of trial, are conducted within the frame of the related procedural statutes. The principle of the child's best interest is read together with the international conventions and the practice of domestic law.

In judicial practice, the protocol existing in form is not always seen as sufficient; the content is expected to be understandable and applicable. The uncertainty of the amount of maintenance, the calendar of personal contact being incapable of being applied, or contradictory expressions relating to the division of property are especially a frequent subject of debate. Each decision is peculiar to the concrete event. The general tendency is not counted as a promise of a one-to-one result. The current legislation and the conditions of the file should be taken into account together.

The same statutory measures also apply at the family courts in Ankara. The local workload can affect the interval between hearings; it does not change the conditions themselves. Preparing the documents consistently from the start can help to reduce unnecessary adjournments.

What is looked at in the conditions file

The civil-registry record, the protocol and the statement at the hearing are read together. The common will is not counted as the same condition as the expectation of a single hearing. The office being in Çankaya does not choose the competent authority.

Conclusion

An uncontested divorce can simplify the process if there is a real agreement and a protocol written carefully. The legal result of each heading should nevertheless be thought of separately. Leaving uncertainty on the subjects of the duration of the marriage, the child's arrangement, maintenance and the assets can produce speed in the short term and risk in the long term.

This article is for general information; the assessment can change according to the features of the concrete event. An examination within the current legislative frame is important.

For the wider frame you can examine the family law page, for the variables of time the article on how long does a divorce action take?, and for the protocol item the guide on the uncontested divorce protocol.