An uncontested divorce (anlaşmalı boşanma) in Izmir is the type of divorce in which the spouses agree in advance on the ending of the marriage and on its consequences, and then apply jointly to the family court (aile mahkemesi). The process consists of drawing up the settlement protocol (protokol), filing the statement of claim and a hearing that is normally held in a single session. This article deals with the statutory conditions of the uncontested divorce process in Izmir, the content of the protocol, how the hearing works and the current court fee figures for 2026. Although the process appears simple on the surface, preparing the protocol in full matters, so that the parties are not later forced to bring a fresh action.
- For an uncontested divorce the marriage must have lasted at least one year and the spouses must either apply jointly or one must accept the other’s action (TMK m. 166/3).
- The judge cannot grant an uncontested divorce without hearing the parties in person at the hearing and finding the protocol appropriate.
- In Izmir the court with venue is the family court of the place of residence of one of the spouses, or of the place where they lived together for the last six months before the divorce.
- For 2026 the application fee and the fixed judgment fee in a divorce action total 1.464,00 TL.
- The provisions of the protocol on alimony, damages, custody, contact and the division of property must be written clearly and in a way that can actually be applied.
- If one of the parties goes back on their statement at the hearing, the action may turn into a contested divorce.
What Are the Statutory Conditions of an Uncontested Divorce?
Three conditions are required for an uncontested divorce action to be brought: the marriage must have lasted at least one year, the spouses must apply jointly or one spouse must accept the action brought by the other, and the judge must hear the parties and find the protocol appropriate. These conditions are set out in the third paragraph of article 166 of the Turkish Civil Code (Türk Medeni Kanunu, TMK).
Under TMK m. 166/3, where the marriage has lasted at least one year and the spouses have applied jointly, or one spouse has accepted the action brought by the other, the marital union is accepted as having broken down at its foundation. In that case the court does not carry out any separate inquiry into fault (kusur); it examines only whether the protocol is appropriate as regards the financial consequences and the situation of the children.
The one-year period is calculated from the date of the official marriage. An action brought before that period has elapsed cannot be characterised as an uncontested divorce; in that situation the parties can only bring an action relying on the general grounds for divorce (TMK m. 166/1-2), and the action proceeds as a contested one.
The fact that no inquiry into fault is made in an uncontested divorce is one of the main reasons why the process is shorter than a contested divorce (çekişmeli boşanma). The court does not examine which party is more at fault; instead it focuses on whether the protocol is equitable as regards the financial consequences and the situation of any children. For this reason, keeping contentious matters from the past out of the protocol is important for the process to move forward soundly.
A situation frequently met in practice is that one of the parties brings the action and the other accepts it at the hearing. This method also counts as an uncontested divorce within the meaning of TMK m. 166/3; what matters is that the arrangement concerning the financial consequences and the children is submitted at the same time as the acceptance. Merely accepting the divorce is not sufficient for the provisions on uncontested divorce to apply, unless a protocol is submitted.
On a related note, you may wish to look at our article dealing with the conditions of an action for an increase in alimony and its calculation according to the CPI rate.
Which Court Hears an Uncontested Divorce Action in Izmir?
In Izmir uncontested divorce actions are heard by the family courts; in places where there is no family court, the court with subject-matter jurisdiction is the civil court of first instance (asliye hukuk mahkemesi). The court with venue is the court of the place of residence of one of the spouses, or of the place where they lived together for the last six months before the divorce action was brought.
In the districts of Izmir (including Konak, Bornova, Karşıyaka, Buca, Bayraklı and the other districts), the number of family courts and their caseload may differ. The action is brought at one of the courthouses that varies according to the parties’ place of residence; which courthouse the petition is submitted to is determined on the basis of the place of residence of one of the parties. Since venue is not of a mandatory nature, if the parties do not object in time, an action brought before a court lacking venue may also be heard.
The protocol attached to the statement of claim is the principal document the court will examine. Together with the petition, a population registry record, the birth certificates of any children and the parties’ identity details are also submitted to the case file.
If the parties reside in different cities, agreeing in advance on the courthouse at which the action will be brought makes the process easier. An action brought at a courthouse lacking venue may still continue to be heard if the other party does not raise an objection to venue before the hearing; however, if an objection to venue is raised, sending the file to the court with venue may lengthen the process.
How Is an Uncontested Divorce Protocol Prepared?
The uncontested divorce protocol is the document that puts in writing the agreement the parties have reached on the financial consequences of the divorce and, where there are children, on custody (velayet) and the arrangement of contact. The protocol is submitted for the judge’s approval, and if the judge does not find it appropriate, changes may be requested or the action may return to the contested process.
Mandatory Elements the Protocol Must Contain
The protocol generally covers the following headings: the type and amount of alimony (nafaka) (poverty alimony and child support, where applicable), pecuniary and non-pecuniary damages, custody and the timetable of contact with the child, the division of household goods and of movable and immovable property, and the position of the jewellery given at the wedding (ziynet eşyası). Writing each heading in a way that can be applied, without leaving it vague, is important if the judge is to approve the protocol.
Points to Watch in the Alimony and Damages Clauses
When the amount of alimony is fixed, how the effect of any future inflation will be met may also be regulated separately in the protocol. Current data on inflation and price stability are published regularly by the Central Bank of the Republic of Türkiye (Türkiye Cumhuriyet Merkez Bankası) and may be taken as a reference when choosing an index. The parties may write into the protocol the index according to which the alimony will be updated annually; if it is needed later, a sample calculation can be made with current CPI data through the alimony increase rate calculation tool. If the increase in alimony is not regulated in the protocol, it may later be necessary to bring a separate action for an increase in alimony.
| Protocol Heading | Matter to Be Specified |
|---|---|
| Alimony | Type, monthly amount, payment day and, if any, the method of increase |
| Damages | Amount of pecuniary/non-pecuniary damages, manner of payment (lump sum/instalments) |
| Custody | To whom custody will be given, the days and hours of contact |
| Division of Property | Household goods, vehicle, jewellery and the fate of any immovable property |
| Surname | Whether the wife will continue to use her married surname |
How Are Jewellery and Household Goods Divided in an Uncontested Divorce?
The division of jewellery and household goods is one of the matters that must be expressly regulated in the protocol; otherwise these items may fall outside the scope of the court’s divorce judgment. To whom the gold and jewellery given at the wedding will be regarded as belonging must be stated clearly by the parties in the protocol.
Although the general tendency in practice is for jewellery to be accepted as belonging to the wife, the parties are free to make a different arrangement on this point in the protocol. As for household goods, writing item by item in the protocol which goods will remain with which party, and whether any payment corresponding to their value will be made, prevents disputes that may arise later. If the division of high-value assets such as immovable property or a vehicle is not regulated in the protocol, it may be necessary to bring a separate action for the liquidation of the matrimonial property regime (mal rejiminin tasfiyesi) in respect of those assets.
How Are Custody and Contact with the Child Regulated in the Protocol?
Where there is a child of the marriage, the protocol must state clearly to whom custody will be given and the day, the hours and the holiday-period arrangement of the contact between the child and the parent who does not have custody. The judge assesses this arrangement from the point of view of the child’s health, education and moral development. The principle of the best interests of the child, which is taken as the basis in this assessment, directly affects whether the custody arrangement will be approved by the judge.
Leaving the contact timetable vague (for example, wording such as “the parties will meet whenever they agree”) may lead to problems of application later on. For this reason it is advisable to write into the protocol precise information on hours and the place of handover for weekends, public holidays and the summer holiday period. By way of an entirely fictional example, where a couple with two children define contact in the protocol precisely as “the first and third weekend of each month”, this is a practice that reduces disputes that might otherwise arise later (illustrative only).
If the parties cannot agree, the process turns into a contested divorce; in that case you may look at our article on evidence in a contested divorce regarding the evidence that may be used.
Differences Between an Uncontested and a Contested Divorce
The fundamental difference between an uncontested and a contested divorce is whether an inquiry into fault is carried out, and the duration of the action. In an uncontested divorce the file is generally concluded in a single session because the parties are in agreement, whereas in a contested divorce the process may be lengthened by the stages of hearing witnesses and gathering evidence.
| Criterion | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Examination of fault | Not carried out | Carried out |
| Duration | Generally a single session | More than one session, witness and expert stages |
| Requirement as to length of marriage | At least one year | Not required |
| Liquidation of the matrimonial property regime | A separate action is needed if it is not regulated in the protocol | Generally forms the subject of a separate action |
Which Documents Are Prepared in an Uncontested Divorce File?
For an uncontested divorce case file, the basic documents prepared are the statement of claim, the protocol signed by the parties, a population registry record and, where there are children, their birth certificates. Submitting the documents in full increases the likelihood that the file will be concluded at the first hearing.
- Divorce statement of claim (with the parties’ details and the relief sought written clearly)
- The uncontested divorce protocol signed by the parties
- Detailed population registry record (vukuatlı nüfus kayıt örneği)
- Birth certificate details of any children of the marriage
- Photocopies of the parties’ identity documents
- Receipt showing that the court fees and the advance on expenses have been paid
It is important that the petition and the protocol do not contradict each other; if a matter contained in the protocol is written differently in the petition, the judge may ask the parties about this contradiction at the hearing and require it to be clarified. Inconsistencies of this kind may delay the conclusion of the file in a single session.
How Does the Hearing Day Work? What Does the Judge Ask?
At the hearing the judge hears the parties separately or together and satisfies himself or herself that the intention to divorce has been expressed freely and without pressure. This hearing of the parties is, under TMK m. 166/3, a constitutive element of the uncontested divorce and cannot be omitted.
The judge generally asks whether the clauses of the protocol on alimony, damages and custody reflect the parties’ genuine intention and, where there is a child, whether the arrangement is in the child’s interest. If the parties state that they accept the protocol as it stands and the judge finds the arrangement appropriate, the divorce and the approval of the protocol may be decided in the same session.
Where there is a child, the judge also assesses separately whether the contact arrangement is appropriate from the point of view of the child’s health, education and moral development. During this assessment, further statements may be requested if necessary, or the hearing may be adjourned for a short period.
If the parties expressly waive their right to apply to the legal remedies against the judgment at the hearing, the judgment may become final at the hearing. If no waiver is made, the judgment together with its reasoning is served on the parties and the time limit for appeal to the regional court of appeal (istinaf) begins to run from that service. Because the parties have accepted the protocol in an uncontested divorce, the rate of appeal is lower than in contested actions; however, since it is a statutory right, it does not disappear altogether.
How Long Does an Uncontested Divorce Take, and What Are the 2026 Costs?
If there is full agreement between the parties and the file is complete, an uncontested divorce can generally be concluded in a single session; however, depending on the caseload of the courthouse, the date of the first hearing may vary between a few weeks and a few months. The judgment becoming final and the reasoned judgment being sent out for service also take additional time.
Under General Communiqué no. 98 on the Law on Fees, published within the framework of Law no. 492 on Fees, in 2026 the application fee (başvurma harcı) before the civil courts of first instance and the family courts is 732,00 TL, and the fixed judgment and decree fee (maktu karar ve ilam harcı) in a divorce action is likewise 732,00 TL, giving a total net fee of 1.464,00 TL. To these amounts is added an advance on expenses (gider avansı), which varies according to the file, to cover service and postal costs.
| Fee Item | 2026 Amount |
|---|---|
| Application fee | 732,00 TL |
| Fixed judgment and decree fee | 732,00 TL |
| Total net fee | 1.464,00 TL |
The communiqué text that forms the basis of the current fee amounts can also be consulted by reaching the full text of the Turkish Civil Code via mevzuat.gov.tr; fee tariffs are updated each year according to the revaluation rate.
Apart from the court fees, an advance on expenses that varies according to the file is also paid. The advance on expenses is an amount paid into the court’s cash office to cover service, expert fees if an expert examination is required, and witness costs if witnesses are to be heard. Since an expert examination is generally not needed in uncontested divorce actions, the greater part of this advance returns to the parties at the end of the action in the form of a refund of the unused portion. If the action turns into a contested process and one of the parties is unsuccessful, the question of who pays the other side’s counsel fee may also arise.
Frequent Mistakes in the Uncontested Divorce Process in Izmir
One of the most frequent mistakes that lengthens the process is preparing the protocol in general and vague terms. Wording such as “the parties will agree in the future” may not be found sufficient by the judge, and a revision of the protocol may be requested.
Another frequent mistake is bringing an uncontested divorce action before the one-year period of marriage has elapsed. Since in that case the action cannot be characterised as uncontested, it may be necessary to reassess the file according to the contested process. Moreover, one of the parties failing to attend on the hearing day without an excuse is also a common situation that delays the process, since the judge must hear both parties in person in order to be able to grant an uncontested divorce.
Fixing the alimony and damages amounts in the protocol at a set figure without taking future economic conditions into account at all is another frequently encountered shortcoming. This may produce inequitable results for the person liable to pay alimony, or for the person entitled to it, years after the protocol is signed, and may make it necessary to bring a separate action for an increase in alimony.
Is a Return from an Uncontested to a Contested Process Possible?
If one of the parties does not accept the protocol at the hearing, or goes back on their statement, the action loses its uncontested character and continues as a contested divorce action under the general provisions. In that case evidence may have to be submitted separately on matters such as fault, the liquidation of the matrimonial property regime and alimony, and the proceedings may be prolonged.
Where the judge does not find the protocol appropriate in part, the judge may put a proposal for amendment to the parties. If the parties accept that proposal, the action may be concluded as an uncontested one; if they do not accept it, the file moves to the contested process. For this reason it is important that the protocol be prepared from the outset on realistic and workable terms. If the process turns into a contested divorce, matters such as custody, alimony and the matrimonial property regime are each examined separately; at this stage it is important to follow the current legislation and procedural information in the field of family and divorce law and to make an assessment according to the particular features of the file.
For other related topics you may look at our article explaining the limits of evidence in contested divorce actions and at our relevant practice area page. For a calculation on this subject you may use our calculation tool. For current data, the sources of TÜİK (the Turkish Statistical Institute) and the Ministry of Justice (Adalet Bakanlığı) have been taken as the basis.
Where the amount of alimony in the protocol becomes insufficient over time, you may look at our article on the action to be brought seeking an increase in alimony; for disputes concerning the custody arrangement, at our article on the best interests of the child in custody; and for the division of property between the spouses, at our article on the liquidation of the matrimonial property regime and the participation claim.
What Will the Other Side Do?
Even though the parties appear to be in agreement in an uncontested divorce, there is no guarantee that the process will continue in the same way up to the hearing; being prepared for the other side’s possible objections helps to make the protocol sound.
- The other side may go back on their statement at the hearing or say that they do not accept the protocol. Against this, it is advisable that the protocol be read and signed in advance by both parties and, if possible, that the signing stage take place in the presence of a witness.
- It may be alleged that the division of the jewellery or the household goods was written down without that party’s consent. This allegation is met by having in the file a copy in which each item is written as a separate clause and initialled by both parties.
- A change may be requested on the assertion that the amount of alimony or damages exceeds that party’s financial means. Having assessed documents showing the financial situation, such as payslips and income declarations, while the protocol was being prepared reduces the effect of this objection.
- It may be argued that the custody or contact arrangement is contrary to the child’s interest. Supporting the arrangement with concrete reasons suited to the child’s education, health and daily routine makes it easier to meet this objection before the judge.
- It may be argued that the marriage has not yet completed the one-year period and that the action therefore cannot be characterised as an uncontested divorce. Submitting the detailed population registry record showing the date of the marriage in full to the file clarifies this point.
Which objection will come up varies according to the content of the protocol and the level of agreement between the parties before the file is opened; for this reason it is important that the relevant documents be gathered in full before the action is brought. To assess in advance what defence your file may meet, you may get in touch.
Frequently Asked Questions
Is it compulsory to instruct a lawyer for an uncontested divorce?
No, it is not compulsory by law; the parties may submit their petitions themselves. However, obtaining a legal assessment before the process may be useful in order to foresee the legal consequences of the protocol correctly.
What happens if only one party attends the hearing?
The condition of an uncontested divorce is that the parties be heard in person. If one party does not attend the hearing, the judge cannot grant an uncontested divorce; the file is assessed separately and, if necessary, a new hearing date is given.
Can a matter not included in the protocol be made the subject of an action later?
Whether a separate action may later be brought in respect of matters that were not expressly waived in the protocol and not adjudicated in the divorce judgment is assessed according to the specific text of the protocol and the content of the court’s judgment.
Is the division of property carried out automatically in an uncontested divorce?
No. The division of property falls within the scope of the divorce judgment only if the parties expressly regulate it in the protocol. For claims for the liquidation of the matrimonial property regime that are not included in the protocol, it may be necessary to bring a separate action.
When does a divorce judgment become final?
The judgment becoming final depends on the completion of the time limits for service and, where applicable, for applying to the legal remedies. Unless the parties waive the finality process at the hearing, the process follows the completion of the service formalities.
Can the amount of alimony be changed after an uncontested divorce?
Yes; if there is a change in the parties’ financial situation or if equity so requires, a separate action for an increase or a reduction in alimony may be brought under TMK m. 176/4.
Is the uncontested divorce protocol signed before a notary or at the court?
The protocol is prepared by the parties and submitted to the court as an annex to the statement of claim; notarial certification is not compulsory. The protocol acquires validity when the judge hears the parties at the hearing, finds the protocol appropriate and records this in the judgment.
Related Articles and Sources
On a related note, our articles headed action for an increase in alimony, submitting evidence in a divorce action and the liquidation of the matrimonial property regime also contain useful information. To follow current data and legislation, the sources of TÜİK inflation and price statistics and the Union of Turkish Bar Associations (Türkiye Barolar Birliği) may be used.
Sources
- The Central Bank of the Republic of Türkiye (TCMB)
- Legislation Information System (mevzuat.gov.tr)
- The Turkish Statistical Institute (TÜİK)
- The Ministry of Justice (Adalet Bakanlığı)
- The Union of Turkish Bar Associations (Türkiye Barolar Birliği)
Related Articles
- Action for an Increase in Alimony: CPI Rate, Conditions and Timing
- The Best Interests of the Child in Custody: What Does the Court Look At?
- Evidence in a Contested Divorce: What May Be Used, What Is Unlawful?
- Who Pays the Other Side’s Counsel Fee? (2026 AAÜT Guide)
- How Are the Liquidation of the Matrimonial Property Regime and the Participation Claim Calculated?
This article is for general information purposes and does not take the place of legal advice. Your file needs to be assessed separately for your specific situation. This article was prepared on the basis of the legislation in force as at 17.09.2026.
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