In the 3rd paragraph of the 166th article of the Turkish Civil Code, the conditions of the uncontested divorce case are as follows:
a) The marriage must have lasted at least one year,
If the marriage lasted less than a year, it is not possible for the parties to divorce by agreement. The marriage must have lasted at least one year as of the date of filing the case. Otherwise, the lawsuit will be rejected. In this case, the parties can divorce on the basis of other reasons, if any, for example, on the basis of severe incompatibility, which is the main type of divorce case based on the deterioration of the marital union.
b) Spouses apply to the court together or one spouse accepts the other’s case;
The spouses will either apply to the court with a petition they jointly signed, or the other party will openly state that they want a consensual divorce at the hearing against the lawsuit filed by one of them.
c) The judge’s conviction that his will is freely expressed by listening to the parties himself;
Even if both parties have lawyers, separately or together, the spouses are required to personally participate in the uncontested divorce case and to explain their will and will for the uncontested divorce at the hearing.
d) The parties agree on a regulation (Protocol) regarding the financial consequences of the divorce and the situation of the children and the judge approves the regulation.
What is meant by the financial consequences of divorce are matters such as compensation and alimony. The parties must establish an agreement on these matters. In addition, the parties must also agree on the custody of the children, if any. The judge must also approve this agreement. 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 practice, the parties prepare an uncontested divorce protocol and submit this protocol to the uncontested divorce file. If the protocol has not been prepared, it can be decided to divorce by recording the agreed matters in the minutes.
AS A RESULT;
If all of the above conditions are met together, the foundation of the marriage union is deemed to be shaken and the court decides to divorce the parties without seeking any further evidence and without even examining who is at fault.
