Mutual Divorce in Izmir

Mutual Divorce in Izmir | Izmir Lawyer | Attorney and Mediator Dilek Yavuz Uysal

Mutual Divorce Proceedings Process 

According to the Civil Code No. 4721, a divorce case can be filed in two ways:

• Mutual divorce case,
• Contested divorce case

An uncontested divorce is a divorce case filed by both parties to terminate their marriage after freely agreeing on all the consequences of the divorce.

The process for divorce by mutual consent is regulated in Article 166, paragraph 3 of the Turkish Civil Code No. 4721 as follows:

“If a marriage has lasted at least one year, the marital union is considered fundamentally broken if the spouses apply for divorce together or if one spouse accepts the other's application. In this case, for a divorce to be granted, the judge must personally hear the parties, be convinced that their intentions have been freely expressed, and find the arrangement agreed upon by the parties regarding the financial consequences of the divorce and the situation of the children to be appropriate. The judge may make any necessary changes to this agreement, taking into account the interests of the parties and the children. If these changes are also accepted by the parties, a divorce is granted. In this case, the provision that the parties' admissions do not bind the judge does not apply.”

An amicable divorce is the quickest way to divorce, where the parties agree on all terms. Here are the steps individuals living in Izmir should follow:

1. Preparation of the Protocol

The first step before filing for divorce is for the spouses to prepare an amicable divorce agreement. This agreement should include the following points:

• Do the parties agree to a divorce?
• If there are children: Who will have custody? How will personal contact be established with the other parent?
• Alimony: Will I be requesting alimony or child support?
• Compensation for material/moral damages: Is there a claim?
• Property division: How will the property regime between the parties end? Is it agreed upon? The protocol must be signed by both parties, and the agreement must be clear, consistent, and in accordance with the law.

2. Preparing the Lawsuit Petition

In an amicable divorce case, the petition is written referencing the divorce settlement agreement. The petition should include:

• Identity information of the parties
• Wedding dates
• Information that one year has passed
• Request for amicable divorce
• Reference to the protocol
• Legal law The petition includes the relevant articles and details of the matter. One party may submit the petition alone; however, both spouses are required to appear in court together..

3. Filing the Lawsuit 

Divorce cases are heard in Family Courts. The case can also be filed in the courthouse of the district where one of the spouses resides. The petition and protocol are submitted to the courthouse distribution office. Fees and expenses (approximately 4,000-6,000 TL) are paid. The court generally sets a hearing date within one to two months. If the process is handled by a lawyer, the filing of the case is carried out through the system called UYAP. The hearing date is determined by contacting the clerk and is scheduled earlier depending on availability. The agreed divorce protocol is attached to the petition. An amicable divorce case is filed. It is sufficient for one of the parties to file the case in the Family Court and for the other party to accept the case. For the convenience of the couple, an amicable divorce case can also be filed in family courts in provinces other than their place of residence.

4th Hearing Day

A duly filed divorce case is examined by a family court judge. The family court judge prepares a preliminary hearing report, specifying the date of the hearing. The parties and their representatives must be present at the specified time and date. The parties are required to attend the hearing in person. The judge questions the parties about each clause in the protocol, confirming whether they wish to divorce of their own free will. If the parties have children, the judge also considers whether the custody and visitation arrangements are in the best interests of the child. If the judge approves the protocol, the divorce will take place. The court proceedings are usually completed in a single hearing.

5. Finalization of the Decision

Couples are not yet considered divorced after leaving the courtroom, because although a divorce decree was issued in court, the reasoned judgment has not yet been written. Once the reasoned judgment is written, it will be served upon the request of one of the parties. The appeal period begins when the parties receive the judgment. If the parties do not object to the judgment within the appeal period... The decision becomes final. If the parties wish, they can immediately submit a waiver of appeal through a divorce lawyer via the system, thus avoiding waiting for the appeal period to expire. The reasoned judgment is written within one month of the divorce decree. If the parties do not appeal within two weeks of receiving the decision, the decision becomes final. After the finality certificate is obtained, the marital status is changed by notifying the population registry office.

6. Registration in the Population Registry

Once the court decision becomes final, the divorce information is forwarded to the population registry office. The parties can update their identification documents. The marital status, which currently reads "married," is changed to "divorced.".

Frequently Asked Questions

1. How long does an amicable divorce take to finalize?
If the documents are complete and the court workload is low, the process can be completed within 2-3 months from the date of application.

2. Is it mandatory to hire a lawyer?
No, but it is recommended to work with a lawyer to ensure the protocol is properly prepared and to avoid any loss of rights. Furthermore, the process, from scheduling the hearing earlier to the finalization of the decision, is much faster with a lawyer. Additionally, although an amicable divorce case is known as a single-hearing divorce, for these cases to be concluded in a single hearing, the case must be filed completely and without procedural or substantive errors. Therefore, hiring a divorce lawyer and filing the case is crucial for a quick divorce. A mistake made when filing your divorce case will lead to its dismissal.

3. What happens if one of the spouses does not attend the hearing?
The judge requires that both parties be present in court in person. If one fails to appear, the case is postponed or cannot proceed by mutual agreement.

4. How are jewelry and valuables divided in an amicable divorce?

According to the Turkish Civil Code, jewelry given as gifts is considered the personal property of the woman if it is specific to her, and of the man if it is specific to him. Therefore, both parties retain their rights to the jewelry after the dissolution of the marriage. One of the most frequently asked questions during an amicable divorce is about the woman's right to her jewelry. If the jewelry (gold, bracelets, necklaces, etc.) was given to the woman at the wedding or during the marriage, it belongs to her and must be returned. In practice, jewelry is often sold after the wedding to meet family needs. The woman can request in the divorce settlement that her jewelry be returned in kind or at its current value. The man can similarly request his personal belongings from the other party. While the right to jewelry is determined by court order in a contested divorce, agreement between the parties is essential in amicable divorces. Therefore, the process must be carefully managed to protect the woman's rights.

5. What is the fastest time it takes to complete an amicable divorce case?

The fastest type of divorce case is an amicable divorce case; the case can be filed the same day as the power of attorney is given to a lawyer. The process can be completed within a month, with the notification phase and the scheduling of a hearing taking one week, the hearing and the writing of the reasoned judgment one to two weeks, and the submission of the waiver of appeal petition on the same day after notification.

6. AWhen does a woman's surname change after an amicable divorce?

After an amicable divorce, the woman's surname changes within approximately a week through a written request from the court to the civil registry office. 

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