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CONTRACTED DIVORCE

TMK m.166/3 “If the marriage lasted at least one year, if the spouses apply together or if one spouse accepts the other’s case, the basis of the marriage union is deemed to have been shaken. In this case, in order for a divorce decision to be made, the judge must listen to the parties himself and be convinced that their will is freely expressed and approve the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the situation of the children. The judge may make any changes he deems necessary in this agreement, taking into account the interests of the parties and the children. In this case the parties shall be subject to the adoption of amendments divorce. In this case, the provision that the confessions of the parties do not bind the judge shall not apply. “

Conditions:

  • Your marriage must have lasted at least a year
  • It is necessary that the spouses have applied together or that the other spouse has accepted the lawsuit filed by one spouse.
  • The parties must declare their will before the judge.
  • The judge must approve the financial consequences of divorce and the regulations regarding children.

Is the protocol a definite condition in an uncontested divorce?

Protocol is not a definite requirement in uncontested divorce cases. The parties can put forward their agreement verbally during the hearing. The protocol provides for an earlier date for the hearing.

How should the contracted divorce protocol be?

The financial conditions and the situation of the children must be arranged acceptable to the parties. This arrangement should be in a way acceptable to the judge.

Mandatory Elements:

-Material and moral compensation

-Poverty support

– Affiliate alimony if there is a joint child

-Custody

Should the liquidation of property regime be in the contractual divorce protocol?

It is not a mandatory element to decide on the liquidation of the property regime in the uncontested divorce protocol. If there is no regulation in the protocol regarding the liquidation of the property regime, a lawsuit for the liquidation of the property regime can be filed later.

Arranging custody

  • It is a mandatory element.
  • The custody of the child and the regulation of the personal relationship to be established with the party to whom the custody is not left to him is an obligatory condition, and if this arrangement is not made, the judge can make the relevant arrangement ex officio, but the parties must consent on this matter, otherwise the case may turn into a contentious situation.

Is it possible to return without an uncontested divorce?

It is possible for the parties to withdraw from the agreed divorce protocol before the approval of the judge.

After the judge’s approval, the final decision is made. After this stage, the parties declare their objections to the court decision by applying to the higher court.

Legal remedies are open for the party who has a legal interest in taking this decision to the higher court. In the event that one of the parties brings the decision to a higher court within the time limit, that is, before it becomes final, the trial continues in a contentious procedure.

Can poverty alimony and affiliate alimony be requested after an uncontested divorce?

  • If alimony was not demanded during the uncontested divorce, alimony cannot be requested after the divorce.
  • Affiliate alimony can be requested later, even if it was not requested during the uncontested divorce case.

Can joint custody be decided in an uncontested divorce?

In an uncontested divorce, joint custody can be decided. Joint custody is the use of the right of custody by the parents equally, by reconciliation with equal powers. In matters related to the child, in joint custody, the parents must make a joint decision by consensus.

Conditions for a joint custody decision:

  • Parties must be willing to joint custody
  • The best interests of the child should be considered in deciding on joint custody.
  • There should be no conflict between parents
In an Uncontested Divorce, one of the parties is in prison:

The party in prison must either be brought to the hearing or contact the person at the hearing via SEGBİS.

Being pregnant at the time of uncontested divorce:

It is not possible to make a decision about custody, alimony, personal relationship with the unborn child.

What to do if adultery is learned after the uncontested divorce is finalized?

Non-pecuniary damages may be claimed due to the wrongful act.

Is an uncontested divorce possible if one of the parties is abroad?

Both parties are required to declare their will for a ready and uncontested divorce at the hearing.

Av.DİLAN ECEM CEYLAN

TO CONTACT NOW: 0 541 485 92 48

Özlem Zennup Özkök

Arb. Av. Özlem Zennup Özkök, 2010 yılında Bilkent Üniversitesi Hukuk Fakültesi’nden mezun olmuştur. Bursa Barosu’na kayıtlı avukat ve arabulucudur. Türkiye’nin önde gelen hukuk bürolarında edindiği şirketler hukuku ve birleşme-devralma deneyiminin ardından Bursa’da Özkök Hukuk Bürosu’nu kurmuştur. Aile hukuku, şirketler hukuku ve gayrimenkul uyuşmazlıkları alanlarında çalışmaktadır.

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