Uncontested Divorce case is a type of case in which the parties end the marriage with a divorce protocol. The divorce protocol is the basic document that includes the rights, benefits and obligations that both parties will obtain as a result of the divorce and that is used in disputes arising for any reason even after the divorce.
The conditions of the uncontested divorce case are determined in paragraph 3 of Article 166 of the Turkish Civil Code. These are
a) The marriage must have lasted at least one year,
If the marriage lasted less than one year, it is impossible for the parties to divorce by agreement. In this case, the parties may divorce on the basis of other grounds for divorce, if any, for example, on the ground of severe incompatibility, which is the main type of divorce case based on the reason for the breakdown of the marriage union.
b) The spouses apply to the court together or one spouse accepts the other spouse’s case;
The spouses must have applied to the court together or the other spouse must have accepted the divorce lawsuit filed by one spouse. An uncontested divorce can take place as a result of the parties applying with a joint petition, or an uncontested divorce can take place when the other party accepts all the demands in the divorce case duly filed by one of the spouses.
c) When the judge listens to the parties in person and concludes that their wills are freely expressed;
Even if both parties are represented by a lawyer, the spouses must attend the uncontested divorce case in person and declare their will for divorce.
d) The parties agree on an arrangement regarding the financial consequences of the divorce and the status of the children and the judge finds the arrangement appropriate; What is meant by the financial consequences of the divorce are issues such as compensation and alimony. The parties should also agree on the custody of the children, if any. Of course, the judge must also find all these agreements appropriate.
The parties can agree on the following issues by organising a divorce protocol:
Alimony,
Custody
Material and Moral Compensation,
Sharing of household goods,
Division of Property in Divorce,
Contribution Fee Receivable,
Participation Claim.
The judge may make amendments to this agreement by taking into consideration the interests of the parties and the children. If these amendments are accepted by the parties, divorce shall be granted.
In practice, the parties prepare an uncontested divorce protocol and submit this protocol to the uncontested divorce file. If the protocol is not prepared, divorce can also be decided by recording the agreed issues in the minutes.
If all of these conditions are fulfilled together, the marriage union is considered to be shaken from its foundations and the court decides on the divorce of the parties without seeking any other evidence.
If the judge determines that the will of the parties is faulty for any reason, the divorce request will be rejected. The parties must declare their will for divorce in person before the judge. Since divorce is one of the rights strictly bound to the person, it is not possible for the divorce lawyer to explain the will of divorce by replacing the parties. The judge must find the arrangement regarding the financial consequences of the divorce and the status of the children appropriate. The issues such as material and moral compensation, alimony (participation and poverty alimony), custody of children, personal relationship with children in the terms of agreement submitted by the parties to the judge must be found appropriate by the judge. The judge may change these conditions if deemed necessary. However, if these changes made by the judge are accepted by the parties, an uncontested divorce can take place. Otherwise, the case turns into a contentious divorce case. However, in practice, this situation is rarely encountered since judges generally accept the terms agreed by the parties.
In addition, while the divorce case has been opened as contentious and is ongoing, an uncontested divorce can also take place if the parties submit the protocol explaining their will for an uncontested divorce to the court or if they record the terms of the agreement in the hearing record during the hearing.
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