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Aydın Yaman Law OfficeLegal information · Publication No. 20

Divorce by mutual consent is a type of divorce in which the spouses apply to the court having agreed on the divorce and its consequences. It is governed by the third paragraph of Art. 166 of Turkish Civil Code No. 4721 and is generally concluded much more quickly than contested proceedings.

Statutory requirements

For a divorce by mutual consent to be granted:

  • The marriage must have lasted at least one year.
  • The spouses must apply to the court jointly, or one spouse must accept the action brought by the other.
  • The judge must hear the spouses in person and be satisfied that they have expressed their will freely.
  • The arrangement (protocol) agreed by the parties on the financial consequences of the divorce and the position of the children must be approved by the judge.

If the marriage has lasted less than one year, divorce by mutual consent is not available.

What does the protocol contain?

A divorce-by-mutual-consent protocol usually covers the following matters:

  • Custody of the joint children and the arrangements for personal contact with the spouse who does not have custody
  • Child support payable for the children
  • Poverty maintenance for a spouse, if any
  • Liquidation of the matrimonial property regime and division of jointly owned household goods
  • Claims for pecuniary and non-pecuniary compensation

The judge may make such amendments to the protocol as he or she considers necessary, having regard to the interests of the parties and the children; if the parties accept these amendments, the divorce is granted.

How does the procedure work?

  1. The statement of claim and the signed protocol are filed with the competent family court.
  2. The court sets a hearing date; the spouses must attend the hearing in person.
  3. The judge hears the spouses, assesses the protocol and, if it is found appropriate, grants the divorce.
  4. The judgment becomes final once the time limits for appeal have expired; if the parties declare that they will not appeal, it may become final sooner.

Drafting the protocol clearly and comprehensively is important in order to prevent disputes that may arise later.