Uncontested Divorce: Conditions, Procedure and Preparing the Protocol

Under TMK m.166/3, the marriage must have lasted at least one year and the spouses must apply jointly or one must accept the other's action. The judge must hear both spouses personally, establish their free consent and approve the arrangements for the financial consequences of divorce and the children. If these requirements are absent, divorce by consent cannot be granted. Continuation as a contested case depends on the parties' claims and the applicable procedural steps.

The judge may propose changes to protect the spouses' and children's interests. Both spouses must accept those changes before divorce by consent can be granted.

The protocol must address the financial consequences of divorce, including damages and maintenance, and arrangements for the children's custody, expenses and contact. Settlement of the matrimonial property regime is not a prerequisite for divorce by consent. The spouses may settle that issue separately or leave it for separate proceedings. Any property settlement or waiver should identify the rights it covers.

Provisions on custody are subject to the closest judicial scrutiny. Under TMK m.182, the judge is not bound to approve a custody or personal-relationship arrangement he finds contrary to the child's best interest.

The protocol should set out enforceable details such as payment dates, bank accounts, visiting hours, school holidays and the sharing of joint expenses.

The action is filed in the Family Court (Aile Mahkemesi); where none exists, the Civil Court of First Instance acts as a family court (Article 2 of Law No. 4787; the court's subject-matter jurisdiction is listed in Article 4). A judgment may be rendered at a single hearing, although the hearing date, court workload and any deficiencies in the protocol affect timing.

The judgment may become final after proper service and expiry of the parties' two-week appeal periods without appeal, or following valid waivers made after service. Under HMK m.349, the right of appeal cannot be waived before service of the judgment. The divorce is not entered in the civil registry before finality.

In family-law matters, the legal assessment is made by taking into account the fault of the parties, the best interest of the children, their economic circumstances, and the lawfulness of the evidence. Message records, witness statements, bank transactions, medical reports and police reports become effective only when submitted in proper form.

Claims for divorce, support, custody, compensation and division of matrimonial property may produce independent outcomes. The petition must therefore clearly set out which claim is based on which facts and which evidence.

In disputes concerning children, the court takes into account the child's physical, emotional, educational and social needs rather than the parties' assertions. Social-investigation reports, school arrangements, health condition and the parents' communication style play an important role in the court's assessment.