Action for Divorce by Mutual Consent

Ending the union of marriage can be a legally, financially and psychologically challenging process for the parties. For spouses who wish to complete this process more quickly and in a less wearing manner, the Turkish legal system has regulated the institution of the action for divorce by mutual consent. The Action for Divorce by Mutual Consent, one of the types of divorce action, is based on the principle that the spouses reach full agreement on the divorce and on all of its consequences. This route, whose fundamental legal basis is paragraph 3 of Article 166 of the Turkish Civil Code (TMK) No. 4721, unlike contested divorce actions, in which the parties' degrees of fault are not investigated and long and wearing processes of gathering evidence and hearing witnesses do not take place; offers a reasonable alternative The main advantages of divorce by mutual consent are that the process is quick, the court costs are lower and, most importantly, that the parties can end their marriage within the framework of conditions they themselves determine, in a more civilised manner and with less damage.

The aim of this article on the Action for Divorce by Mutual Consent is to explain to individuals considering filing an action for divorce by mutual consent all stages of the process, its legal requirements, its potential risks and, in particular, the points to be taken into account in preparing the agreement protocol, which is of critical importance, in the light of current decisions of the Court of Cassation and common practice. An effort has been made to explain each step of the Action for Divorce by Mutual Consent process in detail, with the aim of preventing possible losses of rights and placing the parties' wills under legal safeguard. This article will also explain the importance of obtaining legal support from an Adana Divorce Lawyer, particularly for those who will conduct this process in Adana and the surrounding area.

Legal Conditions for Filing an Action for Divorce by Mutual Consent (TMK Art. 166/3)

The Marriage Duration Condition in an Action for Divorce by Mutual Consent: At Least One Year

For an action for divorce by mutual consent to be filed, the marriage must have lasted at least one year from the date of the civil marriage ceremony. Since this one-year period is a matter of public order, it is taken into account by the judge of their own motion (re'sen) at every stage of the action. Even if the parties have agreed on the divorce and its consequences, they cannot have recourse to this route if they have been married for less than one year. An action for divorce by mutual consent filed before the one-year period has elapsed will either be dismissed by the court or, upon the parties' request and where the other conditions are present, continue to be heard as a contested divorce action.

Joint Application by the Spouses or Acceptance of the Action in an Action for Divorce by Mutual Consent

The will for divorce by mutual consent must be joint. This joint will may be reflected before the court in two ways:

1. Joint Application: The spouses may file the action by applying together to the Family Court with a joint statement of claim they have prepared.
2. Acceptance by One Spouse of the Action Filed by the Other: One of the spouses files a divorce action, and the other spouse expressly declares, by a petition submitted during or before the hearing, that they accept this action and all the consequences of the divorce. This allows even an action initially filed as contested to turn into a divorce by mutual consent through the parties' agreement during the proceedings.

Comprehensive Agreement in an Action for Divorce by Mutual Consent: The Requirement of a Divorce Protocol

It is a requirement that the parties have reached complete agreement not only on the divorce but also on the "financial consequences" of the divorce (maintenance, pecuniary and non-pecuniary compensation) and, if any, on the "situation of the children" (custody, personal relations with the child). This comprehensive agreement is to be submitted to the court by means of a written document, the "protocol for divorce by mutual consent". The protocol is, as it were, the constitution of the action and should contain all the details.

Declaration in Person Before the Judge in an Action for Divorce by Mutual Consent

One of the most critical conditions of divorce by mutual consent is that both spouses attend the hearing in person and declare orally before the judge their will to divorce and that they accept the terms in the protocol. This condition is a matter of public order and was introduced in order to ensure that the parties' wills are expressed voluntarily, without being subject to any pressure, threat or deception. For this reason, even if the parties are represented by their lawyers, they must give this declaration in person; the lawyer's declaration is not sufficient.

The Protocol for Divorce by Mutual Consent: The Constitution of the Action for Divorce by Mutual Consent

The protocol for divorce by mutual consent is the most important document, forming the basis of the divorce process and regulating the parties' future legal and financial relations. As soon as it is approved by the court, this protocol acquires the force of a court judgment (an enforceable judgment, ilam, the written judgment document) and its provisions become enforceable. Although the parties have the right to withdraw from the protocol by their unilateral will before the judgment becomes final, after finality the provisions of the protocol bind the parties and cannot be changed unilaterally. For this reason, taking the utmost care at the stage of preparing the protocol is of vital importance in order to prevent disputes that may arise in the future.

Mandatory Elements of the Protocol for Divorce by Mutual Consent

For the protocol to be considered legally valid and complete, it must cover all the ancillary consequences of the divorce.

Custody and Personal Relations with the Child in an Action for Divorce by Mutual Consent

Where there are joint children, which parent will have custody should be stated clearly in the protocol. The arrangement for personal relations with the child of the party who does not obtain custody should also be detailed in a clear, understandable and practicable manner that leaves no room for doubt. Vague statements such as "may see the child whenever they wish" are generally not accepted by the judge, as they may lead to disputes in the future. Instead, definite dates and times should be set for periods such as weekends, specific days of the religious holidays, and the semester and summer holidays.

Maintenance Arrangements in an Action for Divorce by Mutual Consent

• Child Support in an Action for Divorce by Mutual Consent: This is the amount of maintenance to be paid by the spouse who has not been granted custody as a contribution to the child's expenses, such as care, education and health. This type of maintenance concerns the child's best interests and is a matter of public order. For this reason, even if the parties have stated in the protocol that no child support is claimed, the judge may award this maintenance of their own motion, having regard to the child's interests. Determining the amount of maintenance and adding the future rate of increase (for example, at the annual TÜİK ÜFE rate) to the protocol will prevent disagreements that may arise in the future.
• Post-Divorce Maintenance in an Action for Divorce by Mutual Consent: This is the maintenance that the party who would fall into poverty because of the divorce may claim from the other party in proportion to the latter's financial means. The parties should state expressly in the protocol whether or not they claim post-divorce maintenance, or that they mutually waive this right. A waiver statement that is not clear may pave the way for an action to be filed later.

Can an Action for Division of Property Be Filed After a Divorce by Mutual Consent?

Making an arrangement in the protocol for divorce by mutual consent concerning the division of property (the liquidation of the regime of participation in acquired property, edinilmiş mallara katılma rejimi, the statutory default regime under which each spouse shares in the property acquired during the marriage) is not a mandatory element. However, this subject is the area of dispute most frequently encountered after divorce. If the protocol does not contain a clear and unambiguous provision on the liquidation of the matrimonial property regime stating that "the parties have no claims against each other in respect of the participation claim, the value increase share claim and all other property rights arising from the regime of property acquired during the union of marriage, and that they mutually waive these rights", each of the parties has the right to file an action for division of property after a divorce by mutual consent within the 10-year limitation period running from the finality of the divorce judgment. The settled case law of the Court of Cassation is also to this effect; if there is no express waiver concerning the matrimonial property regime in the protocol, this right is accepted as having been reserved. This shows how critical it is to obtain support, when preparing the protocol, from an experienced lawyer who has command of legal terminology.

Pecuniary and Non-Pecuniary Compensation After an Action for Divorce by Mutual Consent

The amounts of pecuniary and non-pecuniary compensation that the parties claim from each other for the damage they have suffered because of the divorce, or the fact that they have also expressly waived these rights, should be written into the protocol.

Is Mahr Awarded in an Action for Divorce by Mutual Consent?

Although mahr (mehir, a sum of money or property promised to the wife in connection with the marriage) is not an institution regulated directly in the Turkish Civil Code, it is accepted through the case law of the Court of Cassation as a debt in the nature of a "promise of donation" and enjoys legal protection. The parties may make an arrangement in the protocol for divorce by mutual consent regarding the mahr claim. If the protocol contains no provision on the mahr claim, or if this right has not been waived, it is possible to file a separate action for a receivable after the divorce, relying on a valid mahr deed or by proving the existence of the mahr with other evidence.

Costs of Proceedings and Attorney's Fee in an Action for Divorce by Mutual Consent

Reaching agreement on who will cover the court costs arising during the proceedings and the attorney's fees that the parties will pay to their lawyers, and adding this to the protocol, is important for the process to proceed smoothly.

How Is an Action for Divorce by Mutual Consent Filed? (The Process of an Action for Divorce by Mutual Consent Step by Step)

The process of filing an action for divorce by mutual consent can progress quite quickly when the right steps are followed and the necessary documents are prepared in full.

Determining the Court with Subject-Matter and Territorial Jurisdiction in an Action for Divorce by Mutual Consent

• Court with Subject-Matter Jurisdiction: The courts with subject-matter jurisdiction in divorce actions are the Family Courts. If there is no separate Family Court at the courthouse where the action is to be filed, these actions are heard by the Civil Court of First Instance "in its capacity as a Family Court".
• Court with Territorial Jurisdiction (in which court divorce actions are filed): TMK Article 168 has designated the court with territorial jurisdiction for contested divorce actions as "eşlerden birinin yerleşim yeri veya davadan önce son defa altı aydan beri birlikte oturdukları yer mahkemesi" "the court of the domicile of one of the spouses or of the place where they last lived together for six months before the action" (unofficial translation). However, since there is no dispute between the parties in actions for divorce by mutual consent, under the practice of the Court of Cassation the parties may file the action at the Family Court of whichever place they wish. As long as the respondent does not raise an objection to jurisdiction, the court acquires jurisdiction and hears the action.

Documents Required for an Action for Divorce by Mutual Consent (documents required for divorce)

The basic documents that must be submitted to the court in order to file an action for divorce by mutual consent are as follows:

• Statement of Claim: A petition prepared in accordance with Article 119 of the Code of Civil Procedure (HMK), containing the details of the parties and, if any, of their representatives, the request for divorce and a reference to the agreement protocol.
• Protocol for Divorce by Mutual Consent: The protocol bearing the parties' wet signatures and regulating all the consequences of the divorce.
• Copies of Identity Documents: Photocopies of the parties' identity cards or passports.
• Power of Attorney: If the action is conducted through a lawyer, a special power of attorney for divorce certified by a notary.

Litigation Costs and Fees in an Action for Divorce by Mutual Consent (fee for an action for divorce by mutual consent)

As of 2025, the court costs to be paid to the court cashier's office when filing a divorce action consist of the application fee, the advance fee and the advance on costs. These costs are updated each year by the Ministry of Justice, and for 2025 a total amount of approximately between 3.012 TL and 4.000 TL is envisaged. The lawyer's fee is outside these costs. The Union of Turkish Bar Associations and local bar associations (such as the Istanbul, Ankara and Izmir Bar Associations) publish minimum fee tariffs of an advisory nature every year. The fee for an action for divorce by mutual consent is determined by reference to these tariffs, according to the complexity of the action and the lawyer's experience.

The Process and Risks of Filing a Divorce Action Without a Lawyer (how to file a divorce action without a lawyer)

By law, citizens may file and pursue an action without retaining a lawyer. However, this route carries serious risks, particularly for persons without legal knowledge. The slightest omission or vague statement in the preparation of the protocol may lead to losses of rights that cannot be remedied in the future. For example, failing to waive the division of property expressly may result in facing an action filed later. Wrong or incomplete answers to the judge's questions during the hearing may also adversely affect the process. For this reason, it is strongly recommended that the process be conducted under the guidance of an experienced professional.

Filing an Action via the e-Government Gateway (filing a divorce action via the e-Government Gateway)

With the development of technology, it is now possible to file an action without going to the courthouse. Citizens who hold an e-signature or mobile signature may file a divorce action through the UYAP (Ulusal Yargı Ağı Bilişim Sistemi, National Judiciary Informatics System) Citizen Portal (UYAP Vatandaş Portalı). The process generally involves the following steps:

1. Preparation of the Petition: The statement of claim and its annexes (protocol, copy of identity card, etc.) are prepared using the UYAP Document Editor (UYAP Doküman Editörü) program and signed with an e-signature.
2. Logging in to the UYAP Citizen Portal: The UYAP Citizen Portal is accessed with the e-Government Gateway (e-Devlet, the state's online public services portal) password.
3. Filing the Action: From the "Filing an Action" (Dava Açılış) menu, the type of court (Family Court), the courthouse and the parties' details are entered.
4. Uploading Documents: The petition prepared in UDF format and the other documents are uploaded to the system.
5. Payment of Fees: The court fees and costs calculated by the system are paid online (generally through Vakıfbank). With this step, the action is officially filed. However, it should not be forgotten that this digital convenience covers only the stage of filing the action; in divorce by mutual consent, the requirement for the parties to attend the hearing in person continues to apply.

The Hearing, the Judgment Hearing and the Aftermath in a Divorce by Mutual Consent

After the action is filed, the process continues with the hearing date to be set by the court. This stage includes the steps necessary for the agreement to be concluded.

What Does the Judge Ask in a Divorce by Mutual Consent?

The hearing in a divorce by mutual consent is generally a short process based on formalities. After establishing the identity of the parties, the judge essentially asks questions aimed at reviewing the voluntariness of their will and the sincerity of the agreement. In this context, the judge asks;

• each of the parties separately whether or not they wish to divorce,
• whether they have read and understood the protocol for divorce by mutual consent submitted to the court,
• and whether the signatures in the protocol belong to them and whether or not they accept the content of the protocol. The judge's basic role here is to make sure that the parties have made this decision of their own volition, without being under any pressure. In addition, the judge has the power to review the content of the protocol, in particular in terms of the children's interests. If the judge finds a situation contrary to the child's best interests in matters such as custody and child support, the judge may suggest that the parties make amendments. If the parties accept this amendment, the divorce is granted.

What Happens If One of the Parties Does Not Attend in a Divorce by Mutual Consent?

One of the basic conditions of an action for divorce by mutual consent is that both parties are present in person at the hearing. If one of the parties does not attend the hearing without giving notice of a valid excuse, the judge cannot give a judgment of divorce by mutual consent. In this case, upon the request of the party wishing to pursue the action, the action may turn into a contested divorce action. Otherwise, the file is removed from the list of pending cases and, if it is not renewed within three months, the action is deemed not to have been filed, that is, it lapses.

Time Limit for Withdrawing from a Divorce by Mutual Consent and Its Consequences

The parties may unilaterally withdraw from their will to divorce by mutual consent and from the protocol they have signed at any stage until the divorce judgment has been given by the court and has become final.

The time limit for withdrawing from a divorce by mutual consent ends when the judgment becomes final. A party saying "I have withdrawn from the agreement" during the hearing completely changes the course of the action. In this case, the action for divorce by mutual consent ends and the court asks the claimant whether or not they wish to continue their action as a contested action. Upon the claimant's request to continue, the action continues to be heard as a contested divorce action, and the parties are asked to submit evidence to prove their allegations and defences.

Time Limit for Challenging a Divorce by Mutual Consent and the Finality of the Judgment

Following the short decision announced by the judge at the hearing, the reasoned judgment is written and served on the parties. From this date of service, the parties have a two-week time limit for challenging the divorce by mutual consent in order to apply for the legal remedy of appeal against the judgment. If the parties do not challenge the judgment within this period, or if they submit a petition stating that they waive their right of appeal, the judgment becomes final. Upon the finality of the judgment, the court notifies the relevant civil registry office, and the divorce is entered in the civil registry records and is thus legally completed.

Effects of Divorce on the Parties' Financial Situation and Statutory Time Limits

Divorce by mutual consent has direct and lasting effects on the parties' financial situations. The amounts of maintenance and compensation set in the protocol should be at reasonable levels, taking into account criteria such as the parties' social and economic situations, the duration of the marriage and the principle of equity. The judge reviews whether this balance has been struck. Changes in the spouses' working life during or after the divorce process, for example resignation or dismissal, may affect the financial balance. In such cases, receivables arising under the Labour Law, such as severance pay (kıdem tazminatı, compensation based on length of service) and pay in lieu of notice (ihbar tazminatı, compensation for failure to observe the notice period), may be taken into account as important financial data in determining the maintenance obligation or in actions for division of property.

Professional Legal Support in Actions for Divorce by Mutual Consent in Adana

Although the process of divorce by mutual consent appears simpler than contested actions, the protocol prepared has legal consequences that affect all future rights. An omission or an incorrect statement in the protocol may lead to losses of rights that cannot be remedied in the future. For this reason, it is of great importance that the process be conducted under the guidance of a lawyer. A divorce lawyer does not merely follow the procedural steps; the lawyer also ensures that a fair and lawful protocol protecting the parties' rights is prepared, informs the client by foreseeing possible risks, and helps the process to be completed as quickly and smoothly as possible.

For those going through a divorce action in Adana, working with an Adana Divorce Lawyer who has experience of the functioning of the local courts, the approaches of judges and current practice provides a critical advantage for the course of the action. Choosing a divorce lawyer in Adana means not only seeking a favourable outcome in the action but also securing the post-divorce period legally and financially.