How Is an Uncontested Divorce Case Completed Smoothly in Izmir?

An uncontested divorce is a type of divorce in which the spouses agree on ending the marriage as well as on its financial consequences and the situation of the children, and which is therefore concluded in a much shorter time than a contested proceeding. Even where the parties have reached a genuine understanding between themselves, whether that understanding is recognised as valid before the court depends on certain conditions required by law being met in full; otherwise the request is treated not as an uncontested but as a contested divorce, and the file is subjected, from the very outset, to a different and considerably longer procedure.

In this article we go step by step through the legal conditions that spouses wishing to file for an uncontested divorce in Izmir will encounter, the content of the settlement agreement, the competent court, the documents required and the process before the court. We also devote separate sections to points that are often confused, such as whether mediation is mandatory, which remedies are available if the agreement is not complied with, and how long the process actually takes in practice. The aim is to offer spouses who want to complete the process in a single hearing and without unnecessary delay a realistic, step-by-step road map.

What Is Required to File for an Uncontested Divorce in Izmir?

For an application for uncontested divorce, the conditions set out together in the third paragraph of Article 166 of the Turkish Civil Code must be met: the marriage must have lasted at least one year, the spouses must apply jointly or one spouse must accept the case filed by the other, and the parties must have agreed on a settlement agreement regulating the financial consequences of the divorce and the situation of the children. If even one of these three conditions is missing, the case is automatically carried over to the provisions governing contested divorce.

The duration of the marriage is calculated from the date of the official marriage, and the period up to the date of the case or the joint application must have completed one full year. This is the point on which spouses are most often confused in practice; the engagement period or the time actually spent living together is not included in this calculation, only the date on the marriage certificate is taken as the basis. In applications filed before the marriage has completed one year, the court will not accept the request as an uncontested divorce; the file is conducted under the provisions on contested divorce, and the parties are then required to prove the ground for divorce separately.

The second condition is that the parties' intentions coincide. This does not necessarily mean filing a joint petition; the conditions for an uncontested divorce may also be formed where, after one spouse files the divorce case, the other spouse accepts that case together with the settlement agreement attached to it. The statement of acceptance must be clear and unconditional, approving the agreement with all of its clauses; a partial acceptance or an acceptance made with reservations turns the case into a contested one. For example, if one of the spouses accepts the custody clause but objects to the amount of alimony, the court does not regard this as a complete understanding and begins to assess the file under the contested procedure.

The third and most demanding condition is that the parties reach agreement, in a written settlement agreement, on the financial consequences of the divorce and, where there are common children, on custody, personal relationship and alimony arrangements. The judge is not required to approve this agreement automatically; the judge hears the parties in person and may propose changes to clauses considered contrary to the children's interests. If the parties accept the change proposed by the judge, the case is concluded as an uncontested divorce; if they do not, the file reverts to contested divorce. The purpose of this review by the judge is to make sure that the agreement reflects a genuine intention and that neither party has signed as a result of pressure, deception or mistake; in files where a defect in consent is suspected, the judge may hear the parties separately in order to dispel that suspicion.

The documents to be added to the file at the time of application include the signed settlement agreement, the petition, copies of the parties' identity documents, a copy of the marriage certificate or civil registry record, the civil registry information of any common children, and, where the process is being conducted through a representative, a power of attorney containing special authority for the divorce case and for accepting the agreement. Missing documents may lead to an additional period being requested to complete the file and to the hearing being postponed; it is therefore advisable to check whether the list of documents is complete before the petition is drafted. Representation by a lawyer is not mandatory in an uncontested divorce, and the parties may follow the case in person if they wish; working with a lawyer, however, increases the likelihood that the legal consequences of the agreement are correctly foreseen in advance and that the statements made at the hearing comply with procedure, so that the process is completed in a single hearing and without problems.

Even where one of the parties has previously signed the agreement, if that party states at the hearing that they are withdrawing their intention to divorce, the judge must take this new statement into account; the existence of a signed agreement does not override an intention newly formed at the hearing. In that case the case loses its uncontested character, and the claims and defences must be put forward again through fresh pleadings. Such a reversal is rarely seen, but having the parties go through the agreement together once more before the hearing helps to resolve in advance any hesitations that might otherwise surface at the last moment. Nor is the ground for the divorce entered in the civil registry; only the date of the judgment and the fact that it has become final are recorded, and the details of the dispute between the parties are not reflected in the official records.

Which Court Hears the Case If the Spouses Live in Different Cities?

The court with territorial jurisdiction in an uncontested divorce case is the Family Court at the domicile of either spouse or at the place where they lived together for the last six months. This rule is the reflection, specific to divorce cases, of the general domicile principle in the law, and it grants the parties more than one option for filing; even where the spouses live in different cities, where the case will be filed can be clarified in advance.

The civil courts acting in the capacity of family court in Izmir are distributed across the districts. Besides the family courts at the Justice Palace in Bayrakli, family courts are also found at the district courthouses of Karsiyaka, Bornova, Cigli, Buca, Menemen, Torbali, Odemis, Tire, Bergama and Aliaga. In smaller districts where a separate family court has not been established, this task is undertaken by the civil court of first instance, acting in the capacity of a family court. Whichever courthouse the petition is submitted to, the case-allocation office automatically routes the file to the competent family court at that courthouse; the parties are not required to name a specific court in the petition.

The petition can be submitted in person to the courthouse's case-allocation office, or it can be filed electronically through UYAP (the National Judiciary Informatics System) by lawyers holding an e-signature. In an electronic application the file number is generated instantly and it becomes easier for the parties to follow the file; the agreement and the attached documents are scanned and uploaded to the system, and the originals are presented to the court on the day of the hearing. This method is especially helpful in files where one of the parties is located in a different city.

If the spouses live in different districts or different cities, the choice of venue becomes a prominent issue. It is enough for only one of the parties to be domiciled in Izmir for the case to be filed in Izmir; the other spouse residing in a different province does not affect this choice. An objection to venue rarely arises in an uncontested divorce, because the parties are already regarded as having agreed to appear before a common court; such objections are generally encountered in contested cases. Where there is uncertainty about which court has jurisdiction, seeking case-specific advice prevents the loss of time that results from the petition being submitted to the wrong courthouse in the first place. Consulting an Izmir divorce lawyer at this stage ensures that the process begins at the right courthouse and with a properly scoped case file.

If one of the spouses lives abroad, the rule on venue does not change, but the preparation of the file requires additional steps. For a Turkish court to accept the power of attorney issued for the spouse abroad, it must be drawn up before the Turkish consulate in the country concerned or before a local notary, and confirmed with an apostille. The power of attorney containing special authority for the divorce case and for accepting the agreement prevents objections of insufficient authority that might otherwise arise on the day of the hearing. Because the time required for apostille and consular procedures varies from country to country, having the spouse abroad arrange these documents early prevents delay in the divorce process.

Depositing the court fee and the advance on expenses at the court cashier when the petition is submitted is also a necessary part of the application. The advance on expenses is set aside for the costs of service of process and, where applicable, expert fees; because resort to an expert is exceptional in an uncontested divorce, this advance generally remains more limited than in contested files. Because the amounts of the fee and the advance are reset each year, the safest approach is to confirm the current figures with the relevant courthouse cashier immediately before the case is filed.

Once the file has been opened, the parties can follow the hearing date, the status of service of process and the documents added to the file in real time through the UYAP Citizen Portal, which they can access with their e-Government password. This ability to follow the file makes it easier for the parties to keep control of the process, especially in files followed in person rather than through a representative. Where raised, an objection to venue must be put forward in time as a preliminary objection together with the statement of defence; but because the parties in an uncontested divorce have already filed the case jointly, the likelihood of encountering such an objection is almost nil.

The most distinct difference between an uncontested and a contested divorce is that the parties bear no burden of proving the ground for the case. In a contested divorce one of the parties has to prove the other's fault with witnesses and evidence, which leads to a proceeding that prolongs the case and wears the parties down. In an uncontested divorce, since the parties have already reached agreement, no such burden of proof arises, and the court's role remains essentially limited to reviewing whether the agreement complies with the law and the child's interests. This difference is the main point that explains why an uncontested divorce generally concludes with fewer hearings and in a shorter proceeding; the process does not, however, always move at the same pace, since the quality of the file's preparation and the court's workload also affect the outcome.

What Should Be Considered When Preparing the Divorce Settlement Agreement?

The settlement agreement is the document in which the parties put in writing their entire will regarding the consequences of the divorce, and it is the principal text submitted for the court's approval. The agreement separately regulates custody and personal relationship, participation alimony (alimony paid for the child), poverty alimony (alimony awarded to the spouse in need after the divorce), interim alimony (temporary alimony paid during the case), pecuniary and non-pecuniary compensation, the division of household goods and movable/immovable property, and the wife's request regarding her surname.

When drafting the custody clause, it is advisable not to settle for the mere statement "custody is left to the mother/father," but to set out concretely which parent the child will spend time with, on which days, at which hours, and how public holidays will be handled. A mistake we frequently encounter in our files is leaving the personal relationship clause with a vague expression such as "as deemed appropriate by the parties"; such wording lays the ground for the parties to fall back into dispute after the divorce, because their expectations as to what is "deemed appropriate" can easily diverge.

How the amount of alimony will be updated over the years should also be written clearly in the agreement. If the agreement contains no provision on an annual increase rate, the real value of the alimony erodes against inflation, and the parties may find themselves back at the court's door a few years later. Updating the alimony each year by indexing it to the official inflation rate is a commonly preferred method, but this rate is freely agreed by the parties; the law does not prescribe a fixed increase rate. Likewise, including details in the agreement such as the day alimony is to be paid, into which account it will be deposited, and what happens in the event of delay reduces future disputes.

Clauses on the division of property also require special attention. If the agreement contains an undertaking to transfer title to a piece of real estate, it must be stated clearly when and under what conditions the transfer at the land registry will take place; otherwise, once the judgment has become final, what remedy is to be pursued against a party who fails to carry out the transfer becomes a matter of dispute. For example, if the agreement provides that the marital home will be sold and its price divided, adding details such as the time given for the sale, the method for determining the sale price, and the proportion each party will receive prevents a fresh dispute from arising once the sale takes place. If there is a claim for non-pecuniary compensation, stating clearly in the agreement the amount and payment schedule, whether it will be paid in one instalment or in several, also facilitates the later enforcement process. As for the division of household goods, adding a list to the agreement of which items go to which party prevents, from the outset, small but wearisome disputes that might otherwise arise later.

As a rule, claims for pecuniary and non-pecuniary compensation may be sought from the party found to be more heavily at fault in the events that caused the divorce; since the parties in an uncontested divorce do not argue over fault, the amount of compensation is generally written into the agreement as the result of a mutual understanding. It is also important that the declaration of assets in the agreement be complete; if the existence of a movable or immovable asset that one party knew of but did not include in the agreement comes to light later, the other party may pursue a claim to that asset through a separate case. For this reason, both parties disclosing their assets to each other mutually and openly before the agreement is signed is a sound practice that forecloses later claims of "incomplete disclosure."

A matter usually not covered in the agreement but that arises in practice after the divorce is health coverage. A party who has been benefiting from the spouse's social security coverage loses that coverage upon divorce and needs to establish an insured status of their own. Although this is not a clause of the agreement, it is a point that should be brought to the parties' attention before the divorce judgment. Promises given between the parties only verbally and not written into the agreement, for example a promise that an additional payment will be made in the future, have no legal binding force; the court approves and bases enforcement only on the clauses written in the agreement.

The divorce settlement agreement is often confused with the liquidation of the matrimonial property regime, which concerns the division of assets acquired during the marriage. If the parties have also reached full agreement in the settlement agreement on the liquidation of the property regime, there is no need to file a separate liquidation case after the divorce judgment. If, however, the agreement contains no clear arrangement on this point, one of the parties may, after the divorce becomes final, file a separate case claiming a receivable under the regime of participation in acquired property; it is therefore advisable, when preparing the agreement, to state clearly whether the liquidation of the property regime is included within its scope.

The matter of the wife's surname is separately regulated in the agreement. As a rule, the wife resumes her pre-marriage surname upon divorce; however, if she demonstrates an interest in continuing to use the marital surname and this does not harm the other spouse, she may request permission to keep using it. This request can be written into the agreement or raised orally before the judge at the hearing; the judge assesses it according to the circumstances of the specific case.

It is essential that the agreement contain no clause contrary to the law, the child's best interests or public order; the judge does not approve such clauses and requests a change. Having every page of the agreement bear the parties' wet-ink signatures, preparing as many copies as there are parties, and attaching it to the petition avoids wasting time at the hearing. Our article on how an uncontested divorce settlement agreement should be prepared offers clause-by-clause examples explaining in detail the stages the drafting of the agreement goes through and which clauses need to be clarified first.

What Stages Are Followed From the Petition to the Final Judgment?

The process begins with the submission of the divorce petition and the agreement to the court; if the petition has been filed unilaterally, the court serves notice on the other spouse and asks whether they accept the agreement. If the parties have applied jointly, this stage is skipped and the file is simply kept pending in the preparatory stage until the hearing date. The process broadly consists of the following steps:

1. Preparing the agreement and submitting the petition together with the agreement to the court.
2. Depositing the court fee and the advance on expenses, and registering the file with the relevant family court.
3. In unilateral applications, serving notice on the other party and asking whether they accept the agreement.
4. Notifying the hearing date to the parties or their representatives.
5. The judge hearing the parties in person at the hearing and examining the agreement.
6. The judge proposing changes on points considered necessary, and the parties accepting that proposal.
7. Pronouncement at the hearing of the judgment on the divorce and the agreement.
8. Drafting the reasoned judgment and serving it on the parties or their representatives.
9. If no appeal is filed, the judgment becoming final and being entered in the civil registry.

When the hearing day arrives, the judge hears the parties in person, as required by law; this hearing takes place through the parties' own statements, not through a representative. The judge wants to be sure that the spouses' intention to divorce is free and genuine, and that they signed the agreement having understood it. Where there are children, the judge additionally assesses the custody and alimony clauses from the standpoint of the child's interests, and offers the parties minor suggestions for change where considered necessary. Based on what we have seen at hearings, where the parties have prepared the agreement carefully beforehand and give clear answers to the judge's questions, the case is usually concluded in a single hearing.

The questions the judge puts at the hearing generally focus on whether the intention to divorce was formed freely, whether the parties read and understood the agreement, and whether they signed its content of their own free will. Where there is a child, the judge may also ask how the custody and personal relationship clauses will fit with the child's daily life, schooling and health needs. The parties giving answers to these questions that are consistent with the agreement, clear and free of hesitation strengthens the judge's conviction as to the genuineness of the understanding.

The documents that should be brought on the day of the hearing include an identity document, the original or a certified copy of the power of attorney if there is one, and the signed copies of the agreement. The parties being unable to produce their identity documents, or the original power of attorney not being in the file, is a small but avoidable hitch that can lead to a brief recess or to the hearing being postponed until the following day.

Although attending the hearing in person is the rule, in situations where there is a valid excuse such as a health problem or being abroad, the court may grant additional time for the party to be heard, or may decide, by way of a letter rogatory, to have the party heard through the court located where they are. Since such exceptional methods are a factor that prolongs the process, notifying the court of the excuse from the outset and planning accordingly keeps the process predictable.

If no appeal is filed within the roughly two-week period prescribed by law running from service of the judgment, the judgment becomes final. Because the parties in an uncontested divorce have already reached agreement, an appeal is rarely seen, but a deficiency later noticed in the agreement, or a claim that consent was not genuine, may bring this route into play. Once the judgment has become final, the court sends the judgment bearing the finality endorsement to the relevant civil registry office of its own motion, and the divorce is entered in the civil registry; the parties are not required to apply to the civil registry office separately.

The judgment pronounced at the hearing is the brief judgment and contains the operative provisions on the divorce, custody and alimony; the reasoned judgment, on the other hand, is the document drafted and served afterwards, explaining in detail the legal reasoning by which the judge reached that result. The appeal period begins to run not from the brief judgment but from the date the reasoned judgment is served. After the judgment becomes final, the parties can request a detailed civil registry record showing their current civil status from the civil registry office or through the e-Government portal; this document is frequently requested for remarriage or various official procedures.

Is Mediation Mandatory in an Uncontested Divorce?

No, mediation is not a mandatory precondition for filing a case in family law disputes, including uncontested divorce. Mandatory mediation was introduced by the Labour Courts Act No. 7036, and its scope is limited to employer-employee disputes; family law claims such as divorce, custody and alimony fall outside this scope and are brought directly by way of a case.

This is one of the questions our clients ask most often; the mandatory mediation practice in labour law is assumed to extend to the field of family law, and it is thought that one must go to a mediator before filing a case. In fact, a divorce claim can be filed directly with the family court, and not having gone to a mediator does not constitute a missing precondition for the case. This misconception probably stems from the public perceiving the mediation requirement, which has become widespread in recent years in labour and consumer disputes, as a general rule.

Another reason divorce is closed to mediation is that the right to divorce is a strictly personal right; the parties can decide whether or not to divorce only before the court, under the judge's supervision. Instead, in an uncontested divorce the negotiation process the parties conduct between themselves or through their lawyers serves a function similar to mediation; the difference is that this process is not regulated in law as a separate procedure. The parties may resort to voluntary mediation if they wish, but the great majority of uncontested divorce files are brought to court with an agreement prepared directly through lawyers; because the agreement is already a document on which the parties have agreed, a separate mediation session is generally not needed.

Unlike mediation, in the negotiation process conducted through lawyers, each spouse meets separately with their own lawyer, requests are conveyed back and forth, and several rounds of correction can be made to the draft agreement. This method allows the parties to reach agreement over written and concrete clauses without experiencing tension face to face; correspondence between lawyers, especially in files where communication has become strained, is a way of reducing direct confrontation between the parties.

One reason voluntary mediation is less often chosen in an uncontested divorce is that a mediator cannot explain the legal consequences of the divorce, such as alimony calculation methods or the liquidation of the property regime, in as much detail as a lawyer; the parties therefore prefer to conduct the negotiation of the agreement directly through their lawyers. The reason the legislature has left divorce to direct supervision by the judge rather than to mediation is also to protect the weakest party to the process, usually the economically weaker spouse or the child; a mediator, while preserving impartiality, is not expected to carry out this kind of protective supervision.

Can the Alimony and Custody Clauses in the Agreement Be Changed Later?

Yes, even after the divorce judgment becomes final, the amount of alimony and the arrangements on custody can be brought before the court again if circumstances change. This does not mean the agreement is invalidated; the law allows for adjustment according to changes in life circumstances, and this possibility forms a safeguard against new situations the parties may encounter years later.

An important distinction should not be overlooked here: the judgment on the divorce itself cannot be overturned once it has become final, and the marital union does not return unless the parties remarry. The part that can change consists of the arrangements referred to as ancillary to the agreement, such as alimony, custody and personal relationship; these can be made the subject of a separate case later if circumstances change.

As regards alimony, a significant change in the parties' income situation, in the child's needs, or in general economic conditions allows a separate case to be filed requesting that the amount of alimony be increased, reduced or removed. This request is brought not before the court where the divorce case was filed, but before the family court to be determined under the general venue rules applicable at the date the new case is filed. Participation alimony continues until the child reaches the age of majority, but if the child continues their education after reaching majority, the alimony obligation may continue subject to certain conditions; poverty alimony, on the other hand, can be awarded for an indefinite period, but its removal can be requested where, for example, the creditor spouse remarries or, without marrying, cohabits with someone else.

A change regarding custody is subject to stricter scrutiny; the judge decides to change custody only in situations where the child's best interests require it. Concrete facts such as the custodial parent neglecting the child's care or putting the child at risk in terms of health or education form the basis for this request; a mere improvement in the other parent's financial situation is not on its own considered sufficient. The personal relationship, that is, the arrangement for visiting the child, is assessed more flexibly than custody, because the basis here is the child forming a healthy relationship with both parents, and the court can more readily accept requests for minor changes. For example, as the child grows older, a change in the school and social activity schedule can form a valid ground for a request to rearrange the days and hours of the personal relationship.

In this type of case concerning custody and personal relationship, the judge may also take the child's own view, to the extent that their age and capacity for understanding allow. This view is not binding, but it is regarded as an element that should not be disregarded in arrangements concerning the child's own life. Courts generally prefer to obtain the child's view not directly in the courtroom but in a separate interview through an expert; this is a method aimed at keeping the child as far removed as possible from the tension between the parents.

When the need for a change arises in the alimony or personal relationship clause, it is also possible for the parties to come together again and update the agreement by mutual consent before filing a case directly; if the parties agree on the new terms, this arrangement can be put in writing and confirmed so as to form a basis for enforcement, and if agreement cannot be reached, filing an adjustment case remains the only route. In cases to change custody, the court generally requests a social investigation report; in this report experts give their opinion after examining, on site, the environment the child lives in, their relationship with the parents and their needs, and the judge gives the final decision by assessing this report together with the parties' statements.

What Can Be Done If the Clauses of the Agreement Are Not Complied With?

Once it becomes final, the divorce settlement agreement becomes part of the court judgment and thereby acquires the character of an enforceable instrument; if one of the parties fails to fulfil an obligation under the agreement, the other party can directly initiate enforcement proceedings, without needing to file a separate case for the receivable.

If payment of alimony is disrupted, the creditor party can request collection of the alimony receivable through the enforcement office; non-payment of the alimony debt is backed, once the conditions prescribed by law are met, by an enforcement threat that can go as far as imprisonment for the debtor. This sanction is an important feature that distinguishes alimony from other monetary receivables and provides a deterrent to non-payment; as long as the debtor cannot prove they lack the ability to pay, this threat becomes practically enforceable.

Pecuniary compensation aims to cover the economic loss suffered by the party whose existing or expected interest has been harmed as a result of the divorce; non-pecuniary compensation, on the other hand, is provided as recompense for an infringement of personality rights. Naming these two items separately in the agreement is important so that, in any later enforcement proceedings, which receivable is being sought on which ground is set out clearly. Where pecuniary or non-pecuniary compensation is not paid, the standard enforcement route is followed; attachment can be placed on the debtor's assets, and on their salary. If the agreement contains an undertaking to transfer title to real estate and the other party does not carry out that undertaking, the creditor party can secure enforcement of the judgment through the court by filing an action to compel registration at the land registry; in that case the court judgment is notified directly to the land registry directorate and the transfer is requested to be carried out.

Non-compliance with the custody and personal relationship clauses is a separate matter; if the child is not allowed to meet the other parent, delivery of the child can be requested through the enforcement directorate, and the repetition of this situation can also form the basis for a case to change custody. Persistent obstruction of the personal relationship is a factor the court takes into account not only from the standpoint of enforcement law but also from the standpoint of reviewing the custody arrangement again.

It should also not be forgotten that the creditor party must initiate enforcement proceedings within the statute of limitations prescribed by law; accumulated alimony or compensation receivables can become time-barred, so it is advisable not to delay enforcement once it is noticed that the debt has not been paid. In files where there is a serious risk of assets being concealed, the creditor party can additionally request precautionary attachment over the debtor's assets so as to secure the receivable.

For example, where the agreement states that participation alimony will be paid on a particular day of each month but the debtor party repeatedly disrupts payment, the creditor party can apply to the enforcement office to request collection of the accumulated alimony receivable; if payment is still not made, the process leading to the imprisonment sanction begins to be set in motion from that point. Another detail often not written into the agreement is who will bear the costs of the enforcement and registration procedures; if this detail is not clarified in advance, it can become yet another point of dispute in the enforcement process initiated upon a breach.

Drafting the agreement from the outset with a clarity that leaves no room for uncertainty is the basic precaution that forecloses this kind of breach. The more concretely the payment dates, delivery times and transfer conditions are written, the fewer differences of interpretation arise in the later enforcement process. Before initiating enforcement proceedings, the creditor party submitting the relevant clause of the agreement and the final judgment in full to the enforcement office ensures that the proceedings move forward quickly.

What Are the Common Mistakes Made During the Uncontested Divorce Process?

The most common mistake is one of the parties coming to the hearing unprepared and giving answers to the judge's questions that differ from the agreement. If the statements contradict the agreement, the judge suspects that it does not reflect a genuine understanding and may convert the file into a contested divorce; this results in the parties facing a new proceeding that can last for months.

• Leaving gaps in the agreement, whether deliberately or out of a lack of knowledge; not adding a clause on matters such as the division of property or the alimony increase rate on the assumption of "we'll sort it out later" can lead to a new case being filed years after the divorce.
• Keeping the scope of the power of attorney given by a party who cannot attend the hearing in person too narrow; since special authority is required for an uncontested divorce and for accepting the agreement, a file prepared with a general power of attorney can run into trouble on the day of the hearing.
• The emotional tension of the case process, while the parties continue living in the shared home, hindering rational discussion of the agreement; in this situation, conducting communication between the parties through their lawyers reduces the tension.
• Involving the children in the discussions on the agreement, or holding the custody discussion in the child's presence; this both negatively affects the child's mental well-being and can leave an unfavourable impression on the court's assessment of the agreement.
• Not obtaining an independent legal opinion before signing the agreement; particularly when one party signs the agreement as prepared by the other without questioning it, they may later be faced with regret along the lines of "it turns out I wasn't aware of my rights."
• Not clarifying fee and cost expectations from the outset; our article on how an Izmir divorce lawyer's fee is determined explains the relevant criteria in detail.
• Making posts on social media about the divorce throughout the process; such posts can later come up as a factor calling one party's good faith into question.

Most of these mistakes stem from not allocating enough time to preparing the agreement. Setting the process up correctly from the start greatly reduces the risk of encountering surprises on the day of the hearing and makes it easier for the parties to state their intention to divorce clearly in a single hearing. If the parties choose to leave a few days' gap and re-read the text before signing the agreement, a clause overlooked in the first negotiation can be noticed on this second reading; this simple habit is a low-cost precaution that forecloses last-minute changes before the hearing.

What Factors Prolong or Shorten the Process?

The factors that most prolong the process are the judge finding a clause in the agreement that is contrary to the child's interests, delay in service of process, or the courthouse's periodic workload; in contrast, if the agreement and petition have been prepared completely and the parties come to the hearing ready, the case is generally concluded in a single hearing and in a short time. Here, the expression "single hearing" does not describe the total time elapsed since the file was opened, but rather that the court reaches its decision after only one day of hearing; the waiting time between the preparation of the petition and the hearing date falls outside this expression.

The most typical reason that prolongs the process is the presence in the agreement of a clause the judge finds contrary to the child's interests, and the parties being given additional time to correct it. In that case the file can be adjourned to the next hearing. One of the parties being abroad, and service of process therefore taking longer, is also a factor that affects the process; issuing a power of attorney for the spouse abroad and completing the apostille procedures are also time-consuming preparatory steps.

Courthouses' periodic workload also directly affects when the hearing date will be given; in busy periods and around the judicial recess, the file's wait until the first hearing can take longer than the hearing itself. In contrast, if the petition and agreement have been prepared completely and the parties encounter no request for additional documents or corrections before the hearing date, the process proceeds simply and predictably.

The time that passes from the pronouncement of the judgment to its finalisation is also part of the process; if no appeal is filed, the judgment becomes final once the roughly two-week period prescribed by law has elapsed, and it is then entered in the civil registry. Our article on how many hearings an uncontested divorce takes to conclude deals with the subject in more concrete examples, explaining in detail how much time each stage of the process takes, specifically in terms of the number of hearings.

Compared with a contested divorce, the time advantage of an uncontested divorce becomes more pronounced; in a contested process, stages such as hearing witnesses, expert examination and the mutual presentation of evidence require more than one hearing. Since none of these stages exist in an uncontested divorce, the process is by its nature shorter; this shortness, however, depends on the condition that the agreement has been prepared completely and lawfully from the outset. A hastily prepared agreement containing gaps can, on the contrary, turn into a factor that prolongs the process. If the division of an asset requiring valuation, such as real estate or a company share, has not been determined clearly in the agreement, the court may appoint an expert for valuation; this is a rarely seen situation that exceptionally carries an uncontested file over to more than one hearing.

When conducting the uncontested divorce process in Izmir, foreseeing the consequences each clause of the agreement will produce later is decisive for the process to be completed in a single hearing and without problems. At our office in Konak/Izmir, Av. Aydın follows the practices of Izmir's family courts closely and plans the process together with clients from the preparation of the agreement through to following the hearing; if you would like to discuss your process, you can reach our office at 0553 595 67 82.