Uncontested divorce in Turkey: requirements and process

What is an uncontested divorce?

An uncontested divorce (anlaşmalı boşanma) is a divorce in which the spouses agree on the divorce and all of its consequences and apply to the court together, or one spouse files and the other accepts the petition. It is governed by article 166(3) of the Turkish Civil Code (TMK). In this procedure the law presumes that the marriage has irretrievably broken down, so neither spouse has to prove fault or call witnesses.

It is usually quicker and less stressful than a contested divorce. Speed, however, is no reason to draft the protocol carelessly: many post-divorce disputes stem from incomplete or vague protocols. For an overview of all divorce routes and related issues, see our Family Law guide.

Requirements for an uncontested divorce

Under article 166(3) TMK, the court can grant an uncontested divorce only if all of the following conditions are met:

• The marriage has lasted at least one year, counted from the date of marriage to the date of filing.
• The spouses apply together, or one spouse files and the other accepts the petition.
• The judge hears both spouses in person and is satisfied that they are expressing their free will.
• The judge approves the arrangement the spouses have agreed on regarding the financial consequences of the divorce and the children.

If any of these is missing, the court cannot grant an uncontested divorce. For example, if the marriage has lasted less than a year, the only option is a contested divorce based on one of the other grounds in the Civil Code.

What should the divorce protocol cover?

The protocol is the written agreement setting out the consequences of the divorce. Once approved by the judge it becomes part of the court decision and can be enforced through the enforcement offices. Every clause should therefore be clear, measurable and workable.

Custody and contact with the children

If the spouses have children, the protocol must state which parent will have custody (velayet) and how the other parent will maintain contact (article 182 TMK). Instead of general wording such as “at suitable times”, it should set out days, hours, religious holidays and school holidays. The judge may refuse an arrangement that is contrary to the best interests of the child.

Maintenance

Three types of maintenance may be addressed:

• Child maintenance (iştirak nafakası): the contribution of the non-custodial parent to the child’s care and education (article 182 TMK). The amount, payment date and annual increase method should be stated.
• Spousal maintenance (yoksulluk nafakası): may be awarded to a spouse who would fall into financial hardship because of the divorce (article 175 TMK). If it is not claimed, the protocol should say so expressly.
• Interim maintenance (tedbir nafakası): maintenance payable while the case is pending (article 169 TMK).

Compensation, property and jewellery

The spouses can settle claims for pecuniary and non-pecuniary compensation (article 174 TMK), the liquidation of the matrimonial property regime, and who keeps the household goods and the jewellery given at the wedding. A spouse who waives a right should do so in clear, unambiguous terms; vague wording often leads to separate lawsuits after the divorce. If a property or vehicle is to be transferred, the title deed or registration details and the timing of the transfer should be included.

Which court has jurisdiction?

Divorce cases are heard by the family courts; where there is no family court, the civil court of first instance acts as a family court. The competent court is the court of the place where either spouse is domiciled or where the spouses lived together during the six months before filing (article 168 TMK). Divorce is not subject to mandatory mediation, so the spouses apply directly to the court.

The process step by step

1. Drafting the protocol: the spouses agree on all consequences and both sign the protocol.
2. Filing: the petition is filed together with the protocol, a civil registry record and copies of identity documents, and the court fees and advance on costs are paid. Fees are updated every year, so check the current tariff.
3. Hearing date: the court reviews the file and sets a hearing date. How soon the hearing takes place depends on the court’s workload.
4. Hearing: the judge hears the spouses, reads the protocol and confirms that the agreement was made freely.
5. Decision and finality: if the judge approves the protocol, the divorce is granted; once final, it is entered in the civil registry.

What happens at the hearing?

Both spouses must attend the hearing in person; being represented by a lawyer does not replace the requirement that the judge hears each spouse personally. The judge asks whether they wish to divorce and whether they read, understood and signed the protocol. A spouse who does not speak Turkish is assisted by a court interpreter.

If the judge considers a clause unclear or contrary to the child’s interests, the judge may make changes; if both spouses accept them, the divorce is granted. If one spouse withdraws consent before the decision, the case cannot end as an uncontested divorce, although depending on the petition it may continue as a contested divorce.

When does the divorce become final?

After the reasoned judgment is served on the spouses, a two-week period for appeal to the regional court of appeal begins (Code of Civil Procedure, article 345). If no appeal is filed within that period, the decision becomes final. The spouses may also waive their right to appeal after the short decision is announced, in which case the decision becomes final sooner.

The court notifies the civil registry of the final decision, and the spouses’ marital status is updated to “divorced”. A copy of the decision with an annotation of finality is usually needed for recognition abroad and other official procedures.

After the divorce

• Surname: a woman resumes her pre-marriage surname. She may be allowed to keep her former husband’s surname if she shows a legitimate interest and that this will not harm him (article 173 TMK).
• Waiting period: as a rule, a woman whose marriage has ended cannot remarry for 300 days. The period ends if she gives birth, and the court can lift it if she is shown not to be pregnant (article 132 TMK).
• Enforcement: if maintenance or other obligations are not met, the final decision can be enforced through the enforcement offices.
• Changed circumstances: maintenance can be increased or reduced by a separate lawsuit if the parties’ financial situation changes, and custody arrangements can be reviewed when circumstances change.

Foreign nationals and spouses living abroad

Foreign nationals living in Turkey can also obtain an uncontested divorce before the Turkish courts. The applicable law is determined under article 14 of the Turkish Code on Private International and Procedural Law (MÖHUK): the spouses’ common national law applies; if they have different nationalities, the law of their common habitual residence; failing that, Turkish law.

If the marriage took place abroad and has not been registered in the Turkish civil registry, an apostilled marriage certificate with a sworn translation is required. Whether a Turkish divorce judgment is recognised in another country depends on that country’s law. Conversely, a divorce granted abroad takes effect in Turkey only after a recognition or enforcement action or, where the conditions are met, administrative recognition through the civil registry or a Turkish consulate. For explanations of the Turkish legal terms used here, see our Legal Glossary.

Common mistakes

• Filing for an uncontested divorce before the marriage has lasted one year.
• Leaving out the amount, payment date or increase method of maintenance.
• Describing contact with the children in vague terms such as “at suitable times”.
• Not mentioning property division or wedding jewellery at all.
• Submitting an unsigned protocol or one missing a spouse’s signature.
• One spouse not attending the hearing.

For other questions on divorce in Turkey, see the frequently asked questions in our Family Law guide.

Frequently asked questions

This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation. Legislation and case law change over time, so check the current legislation before taking action. Last updated: 14 October 2026