Divorce is the end of the marriage union with the finalization of the court decision. The divorce date is the date on which the divorce decision becomes final. In the event that a decision of enforcement or recognition is given and finalized by the Turkish courts, as a basis for the divorce decisions made by foreign courts to be processed in Turkey, the finalization date of the decision given by the foreign court is considered the date of divorce.
Uncontested Divorce Case
Uncontested divorce occurs when spouses who have been married for at least 1 year apply to the court together or one of the spouses accepts the divorce case filed by the other. If the spouses agree on the financial consequences of the divorce with their free will, on the terms of the divorce, such as joint children, their cases continue and result as an uncontested divorce, otherwise, as a contested divorce.
In the event that the union of marriage is shaken and becomes unsustainable for the parties, the concept of divorce, however unpleasant, emerges as a fact of life.
Uncontested divorce 166/3, titled “Shaking the Marriage Union”, which is considered among the reasons for divorce in the Turkish Civil Code. regulated by article. According to the article; ‘If the marriage lasted at least one year, if the spouses apply together or if one spouse accepts the other’s case, the foundation of the marriage union is deemed to have been shaken.’
Negotiated Divorce Protocol
In uncontested divorce, an uncontested divorce protocol is prepared in terms of the condition of the joint children and the financial results.
As a result of the evaluation of the judge ex officio; If it is concluded that this contractual divorce protocol, which has been prepared, meets the necessary conditions, the desired divorce will take place. In this way, spouses have the opportunity to divorce quickly and with the conditions they determine of their own will.
The verdict to be given as a result of the uncontested divorce case should be final without causing any hesitation. The essential element in this case is the concretization of the condition of “shaking the marital union from its foundation”, which is among the general grounds for divorce. The common will between the spouses creates a presumption in this regard. Even if a statement is made through a proxy, it is necessary for the spouses to be heard personally by the judge in order to evaluate whether the divorce case is a decision made with free will.
The signed protocol must be wet-signed and signed with a blue ballpoint pen so that the wet signature is clear. In addition, the date signed in the protocol should be stated.
Where to apply for an uncontested divorce case and what is the procedure?
The uncontested divorce case, which is one of the cases arising from family law, is filed in the Family Court. In other words, the family court is the competent court for all kinds of divorce cases with or without agreement. However, where there is no Family Court, the Civil Court of First Instance can also hear the case as a Family Court.
Although uncontested divorce cases can be concluded in a shorter time than contested divorce cases, it should be emphasized that in case of a divorce decision by the court, this decision must be finalized by receiving notification from both spouses. The uncontested divorce case will not be concluded until the decision is finalized.
The competent court is the Family Court in the place of residence of one of the spouses, or the Family Court in the place where they lived together for 6 months before the lawsuit.
An uncontested divorce case is filed with a petition to be submitted to the Family Court by attaching the uncontested divorce protocol prepared by the parties to the petition. Following the filing of the lawsuit, a Memorandum of Decision is prepared by the court and the parties are notified of the hearing date. As a result of the application to be made with a divorce lawyer in order to conclude the case in a single session and in the earliest way, the hearing date can be taken within 1 month at the latest from the date of filing the case.
In the uncontested divorce case, reference should be made to the uncontested divorce protocol prepared in the petition to be prepared, and it should be clearly stated that the parties agreed within the scope of this protocol and that they accepted the divorce under these conditions. It should also be stated that the foundation of the marriage union has been shaken.