THINGS TO KNOW ABOUT CONTRACTUAL DIVORCE
The concept of uncontested divorce is regulated in paragraph 3 of article 166 of our Turkish Civil Code. According to the said article, the conditions determined for an uncontested divorce must be fulfilled.
First of all, it should be noted that the spouses must have been married for at least 1 year in order to obtain a consensual divorce. Couples who have been married for less than a year must wait for the completion of one year before they can get a mutual divorce. Of course, the start date of this 1-year period is the date of the official marriage.
On the other hand, in an uncontested divorce, as the name suggests, the parties must reach full agreement and agreement on all the material and moral legal consequences of the divorce and prepare a divorce protocol regarding this. It is obligatory for the parties to be present before the judge in the uncontested divorce case, and the results in the presented divorce protocol must be confirmed before the judge that both parties approve. In cases where one of the parties does not appear before a judge, divorce cannot be decided, and the uncontested divorce case is postponed to the other hearing so that the party who does not come can be heard.
If there is a child in the marriage union, the custody issue is also important. The protocol prepared in the uncontested divorce case should be arranged in detail so that there is no doubt in terms of custody.
If the judge concludes that the parties are in full agreement regarding the material and moral consequences of the divorce specified in the divorce protocol, and if he decides that the divorce will be achieved in this way after his own evaluation, he decides to divorce according to the issues agreed between the parties. As it can be understood, an uncontested divorce is a form of divorce that allows the parties to divorce as soon as possible. However, in order to avoid any loss of rights in the future, it is beneficial for the parties to get help from a lawyer.
