This is the English version of an article originally published in Turkish: Anlaşmalı Boşanma Protokolü Nedir?.
Spouses who both wish to end their marriage can avoid lengthy contested proceedings by agreeing on the terms in advance. In Turkey this is done through an uncontested divorce (anlaşmalı boşanma) based on a written divorce settlement protocol (anlaşmalı boşanma protokolü). A well-drafted protocol shortens the court process considerably and spares the parties a long dispute. This article explains the legal conditions and what the protocol should cover.
Legal conditions
Uncontested divorce is governed by Article 166(3) of the Turkish Civil Code (No. 4721). In summary:
- the marriage must have lasted at least one year;
- the spouses must apply to court together, or one spouse must accept the divorce case filed by the other;
- the judge must hear both parties in person and be satisfied that they have expressed their will freely;
- the judge must approve the arrangements on the financial consequences of the divorce and the position of the children.
If these conditions are met, the marriage is deemed to have irretrievably broken down. The judge may make changes to the arrangements, taking into account the interests of the parties and the children. If the parties accept those changes, the divorce is granted. The spouses’ admissions do not bind the judge: the court’s own assessment and approval remain central.
Custody and personal contact
Where there are children, custody (velayet) is the most important element of the protocol. The court always gives priority to the best interests of the child. The protocol should state clearly which parent will have custody, and should set out the other parent’s contact arrangements in detail: weekends, public holidays and school holidays.
If the judge does not find these arrangements appropriate, the judge may propose amendments. The parties must accept them for the divorce to proceed as uncontested. If they refuse, the case continues as a contested divorce.
Maintenance
The protocol should deal with post-divorce maintenance for a spouse (yoksulluk nafakası) clearly and definitively. A spouse may waive this maintenance entirely, but the waiver must be stated expressly. Once waived, it cannot later be reclaimed.
Child maintenance (iştirak nafakası) is paid for the care of the children. The parent without custody must contribute to the child’s expenses in proportion to their means, and the judge reviews the amount against the child’s needs. The parties may also agree an annual increase, for example in line with inflation, which reduces the likelihood of later adjustment proceedings. Payment dates and the bank account to be used should also be specified.
Compensation
The protocol should settle claims for material and non-material compensation. One spouse may agree to pay the other a set amount, or both may waive compensation altogether. Any waiver should be written clearly. Wording such as “I reserve the right to bring proceedings later” should be avoided, since the purpose of an uncontested divorce is to resolve all disputes finally; the parties normally declare that they release each other irrevocably. If compensation is payable, the due date and method of payment (lump sum or instalments) must be stated.
Division of property
The liquidation of the matrimonial property regime is normally the subject of a separate action. However, the parties can resolve it in the protocol at the same time and avoid years of further litigation. The protocol should list who keeps which movable and immovable assets, including household goods and furniture, with vehicle registration numbers and land registry details for cars and real estate. It should state who will pay any joint loans, and that neither party has any further property claims against the other.
Pets
The parties may also agree who will keep jointly owned pets, who will pay for food and vaccinations, and on which days the other party may see the animal. Vaccination records and microchip registration should be transferred to the person keeping the animal.
Filing and the hearing
The protocol is signed by both parties, usually in at least three copies, and filed with the family court (aile mahkemesi) together with the petition. After the court fees are paid, the court sets a hearing date, often within a short time.
Both spouses must attend the hearing in person, even if they are represented by a lawyer. The judge asks whether the signatures on the protocol are theirs and whether they wish to divorce of their own free will, and both must confirm this orally. The judge reads the protocol, may ask further questions, especially on custody, and may propose amendments. Uncontested hearings are usually short and completed in a single session.
When the decision becomes final
After the divorce is pronounced, the court writes the reasoned judgment, generally within one or two weeks, and serves it on the parties. The time limit for an appeal (istinaf) is two weeks from service. Both parties may instead file a written waiver of their right to appeal, in which case the judgment becomes final at once and is entered in the civil registry.
Breach of the protocol after the divorce
Once approved by the court, the protocol forms part of a court judgment. If a former spouse fails to pay maintenance or to perform the property terms, the judgment can be enforced through the enforcement office (ilamlı icra), with attachment of assets if necessary. Failure to comply with contact arrangements for the children also has legal consequences.
Surname
When the divorce becomes final, a woman automatically resumes the surname she had before the marriage. If she wishes to continue using her former husband’s surname, for example for professional reasons, she must ask the court for permission and show that she has a genuine interest in doing so and that it causes no harm to the husband.
Can the protocol be challenged later?
Once the decision is final, challenging the protocol is very difficult. It is only conceivable in exceptional cases involving defects of consent such as mistake, fraud or duress, which must be proven with strong evidence. Since the parties confirmed their free will before the judge, persuading a court otherwise is hard. The time to get it right is before signing.
Common mistakes
- Using a template downloaded from the internet. Every family’s circumstances differ, and generic texts are often sent back by the court.
- Signing waivers without understanding their effect, particularly a waiver of post-divorce maintenance, which cannot be undone.
- Leaving payment terms, asset descriptions or contact arrangements vague.
Frequently asked questions
How long does an uncontested divorce take?
It depends on the workload of the court. A hearing date is often given within one week to one month, and with the time needed to write the judgment the process typically takes around six weeks in total.
Is a lawyer mandatory?
No. Parties may represent themselves. Given the lasting consequences of the protocol, however, legal advice is recommended.
More information for foreign clients: English-speaking lawyer in Ankara.
This article provides general information on Turkish law and is not legal advice. Outcomes depend on the facts of each case.
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