As Bilici Attorneys At Law, we also provide services as a Uncontested Divorce lawyer. The issues that are frequently asked about the contracted divorce cases are explained below, and you can contact us via the Whatsapp button on our site or by filling the (FORM) on our site for further questions, problems or appointments and attorney service requests.
What is a Uncontested Divorce?
Divorce is regulated in articles 161 and more of the Turkish Civil Code. Causes of divorce; (I) adultery, (II) intention to life, bad or degrading behavior, (III) committing a crime and living in dignity, (IV) abandonment, (V) mental illness, and (VI) shaking the marital union. . The first five of these are specific reasons for divorce. The shaking of the marriage union is regulated in article 166; is the common cause of divorce. According to this article, there is no specific event that causes the divorce in a divorce. Instead of; There is more than one event or situation that prevents the continuity of the marital union. These events and situations should shake the foundation of the marital unity; It should make it impossible for the spouses to continue the marriage.
Uncontested divorce case is the name given to the lawsuit filed by the spouses in order to end the marriage union with the joint decision of the spouses. In this case, contrary to other general reasons for divorce, it is accepted that the foundation of the marriage union was shaken as a result of the agreement made by the parties to end the marriage. Uncontested divorce is regulated in the third paragraph of article 166 of the Turkish Civil Code. According to this, “If the marriage lasted for at least one year, if the spouses apply together or if one spouse accepts the case of the other, the foundation of the marriage union is considered to be shaken. In this case, in order for a divorce decision to be made, the judge must listen to the parties in person and conclude that their wills have been freely disclosed, and approve the regulation to be accepted by the parties regarding the financial consequences of divorce and the situation of children. The judge may make the changes he deems necessary in this agreement, taking into account the interests of the parties and children. In this case the parties shall be subject to the adoption of amendments divorce. In this case, the provision that the parties’ confessions will not bind the judge is not applied. “
What Are The Conditions For A Uncontested Divorce?
As it can be clearly seen from the above article, the following conditions must be fulfilled in order for an agreed divorce to be ruled out:
The marriage union must have lasted at least one year.
The spouses must apply to the court together or one spouse must accept the lawsuit filed by the other.
The judge should listen to the parties in person and be convinced that they express their will freely.
The agreement made by the parties (agreed divorce protocol) must be approved by the judge.
As stated in the 3rd paragraph of the article 166, the parties who want to divorce should agree on the financial consequences of the divorce and the situation of the children. The agreement must be in writing, and if it is made orally, it must be written down. The judge may change the agreement in line with the interests of the parties and children. If the parties accept the changes; The agreement becomes valid in this new form and divorce is concluded.
How to Open a Uncontested Divorce Case?
The Uncontested divorce case is opened by the spouses applying to the Family Court in their place of residence within the last six months with the protocol they have prepared in accordance with the conditions agreed on. In addition, a divorce request can be made by accepting the divorce case opened by a spouse by the other spouse. In this case, it is accepted that the foundation of the marital union has been shaken. In this case, in order for a divorce decision to be made, the judge must listen to the parties in person and conclude that their wills have been freely disclosed, and must approve the regulation to be accepted by the parties regarding the financial consequences of divorce and the situation of the children. The judge may make the changes he deems necessary in this agreement, taking into account the interests of the parties and children. In this case the parties shall be subject to the adoption of amendments divorce.
How Long Does a Uncontested Divorce Case Last?
Uncontested divorce case is the fastest resolving case among the types of divorce cases. Although there is no provision in the legislation regarding how long the case will be concluded, it usually ends in one session. The most important points to be considered in shortening the period are the preparation of the protocol duly in line with the will of the parties to the agreement and the correct operation of the legal procedures. The conclusion of the case filed as a result of such a correctly operated procedure, that is, the decision of the parties to divorce, usually does not exceed a few weeks.
Is it obligatory to hire a lawyer in a Uncontested divorce?
No, in Turkish legal system, there is no obligation to hire a lawyer, except for the exceptions in criminal cases. For this reason, there is no obligation to hire a lawyer in contracted divorce cases, as in other legal cases. However, the parties have a legal interest to be represented by a lawyer, in order to ensure that the process can be run properly and that loss of rights can be prevented and the case can be concluded in a short time. Although representation with a lawyer is not mandatory, it will be easier and healthier for the parties to carry out the divorce process with a lawyer.
How much is the attorney’s fee in a Uncontested Divorce?
According to the 2021 Minimum Attorney Wage Tariff, the attorney fee in the contracted divorce case will not be less than 4.080,00 TL in 2021. For this reason, the attorney’s fee in the contracted divorce case is freely decided by the parties, not less than 4.080,00 TL. However, this amount does not include judicial fees and advance expenses.
Is it possible to share property in a Uncontested Divorce?
If the parties wish, they can agree on the liquidation of the property regime with the agreed divorce protocol. With the approval of the protocol by the judge, the property regime is also liquidated and the property sharing is realized. However, the parties do not come to an agreement on this issue and may leave the liquidation of the property regime later. In this case, it is possible to file a separate lawsuit for the division of property, that is, the liquidation of the property regime, after the contracted divorce. In the protocol submitted to the court, there is no legal obstacle for the spouses, who do not make any regulations regarding the sharing of property, to file a lawsuit for the division of property and liquidation of the property regime.
What Are The Requirements To Be In The Agreement Divorce Protocol?
In the contracted divorce protocol; names of the parties, T.C. Identity numbers, addresses, the issue of the parties’ agreement with their free will, the status of the joint house, household goods, property, alimony amount, material and moral compensation requests, property regime liquidation, adornment, joint child custody and relationship with parents, participation alimony, court Provisions regarding the costs and the counsel’s fee should be included, and the protocol should be signed by both spouses.
