Although consensual divorce is the fastest type of divorce concluded in Turkish law, it is not applicable to every marriage. According to Article 166/3 of the Turkish Civil Code, it is mandatory for a marriage to have lasted at least 1 year for a consensual divorce decision to be rendered. This condition is not merely a formal time requirement; it is a legal presumption required for the marital union to be considered “fundamentally shaken” by the mutual will of the parties.
1. Fundamental Legal Condition and Duration of Marriage
According to Article 166/3 of the Turkish Civil Code (TMK), it is mandatory for a marriage to have lasted at least 1 year for a consensual divorce decision to be rendered. In judicial decisions, this period is accepted as a fundamental element of the legal presumption that “the marital union shall be considered fundamentally shaken” if the spouses apply together or if a case filed by one spouse is accepted by the other. In marriages lasting less than 1 year, even if the parties have reached full agreement on the divorce and the judge approves this agreement, it is not sufficient for a consensual divorce decision to be rendered.
2. Time and Procedure for Determining the Duration
In Supreme Court decisions, the following technical details regarding the calculation of the one-year period have been emphasized:
The Date of the Lawsuit is Essential: The one-year period must have expired on the date the lawsuit was filed. According to the established jurisprudence of the 2nd Civil Chamber of the Supreme Court (e.g.: 2011/19978 E. , 2013/6610 E.k), the expiry of the one-year period during the litigation phase after the lawsuit has been filed is not considered sufficient for the legal presumption to arise.
Nature of Procedural Condition: The one-year period requirement is not technically a “procedural condition”, but rather a “legal presumption element” sought for the acceptance that the marital union has fundamentally broken down. In cases filed before this period expires, a divorce decree cannot be issued pursuant to Article 166/3 of the Turkish Civil Code (TMK).
3. Consequences of Non-fulfillment of the Period Requirement
In cases where the marriage period has not completed one year, the procedure that courts must follow has been determined in judicial decisions as follows:
Transformation into Contested Divorce: If the marriage has not completed one year, the case cannot be heard under Article 166/3 of the TMK (uncontested divorce). In this situation, the court must continue the case as a “contested divorce” lawsuit pursuant to Articles 166/1-2 of the TMK, allow the parties to present their evidence, and investigate whether the marital union has fundamentally broken down in light of the collected evidence.
Ground for Reversal: Divorce decrees issued based on the parties’ consent before the one-year period expires are found to be contrary to procedure and law by the Supreme Court of Appeals and are thus reversed.
4. Assessment of the Constitutional Court
The Constitutional Court (2023/109 E., 2024/113 K K.), ruled that the “having lasted for at least one year” requirement stipulated for uncontested divorce is not contrary to Articles 13 and 20 of the Constitution. The Court rejected the objections, stating that this rule is a prerequisite for accepting that the marital union has broken down in cases of joint application by the spouses, and that it does not violate the right to property or the right to respect for private life.
5. Secondary Sources and Additional Context
Within the framework of responses providing secondary information, the following points have been identified:
Contested Divorce Exception: In contested divorce cases (Turkish Civil Code art. 166/1), the condition that the marriage must have lasted one year is not sought. Even if the marriage has not completed one year, a divorce decree can be issued if it is proven that the marital union has been fundamentally shaken to an extent that cannot be expected from the spouses to continue.
Perception in Practice: It is observed that in some petitions, parties explicitly state that they “cannot file for a consensual divorce because one year has not yet passed since the official marriage” and thus directly pursue a contested divorce case.
Incapacity Status: It has been stated that even if the marriage duration has exceeded one year, if one of the spouses is under guardianship due to mental illness, the consensual divorce procedure cannot be applied as their will is not considered sound, and the case will be converted into a contested divorce.
Comparison of Separation Periods: The 1-year duration requirement in consensual divorce and the 3-year actual separation period sought in cases rejected after contested divorce (Turkish Civil Code art. 166/4) are different legal institutions and should not be confused with each other. A suggested article.
Frequently Asked Questions
Evliliğimiz 1 yıl dolmadan anlaşmalı boşanma davası açabilir miyiz?
Hayır. Evlilik süresi 1 yılı doldurmadan anlaşmalı boşanma davası açılamaz. Tarafların tamamen anlaşmış olması ve protokol hazırlamış olması bu sonucu değiştirmez.
Dava açıldıktan sonra 1 yıl dolarsa anlaşmalı boşanmaya döner mi?
Hayır. Bir yıllık sürenin, dava açıldığı tarihte dolmuş olması gerekir. Yargılama sırasında sürenin dolması, anlaşmalı boşanma için yeterli kabul edilmez.
1 yıl dolmadan boşanmak istiyorsak ne yapmalıyız?
Bu durumda tek yol çekişmeli boşanma davası açmaktır. Evlilik birliğinin temelinden sarsıldığının ispatlanması halinde, 1 yıl şartı aranmaksızın boşanma kararı verilebilir.
Why Does the 1-Year Condition in Consensual Divorce Require Expert Lawyer Support?
The 1-year requirement in uncontested divorce is one of the most frequently made mistakes in practice, leading to consequences that are difficult to remedy. In cases filed without the support of an Istanbul lawyer or a Tuzla lawyer; selecting the wrong type of case, incorrect calculation of the time requirement, prolongation of the contentious process in the hope of an uncontested divorce, and experiencing loss of time and rights are very common. Especially working with a Tuzla uncontested divorce lawyer or a Tuzla divorce lawyer ensures that the case is opened on the correct legal grounds from the start, the most appropriate contentious strategy is determined if 1 year has not passed, the case duration is not unnecessarily prolonged, and actions are taken in accordance with Supreme Court precedents.
Furthermore, for those seeking a Pendik divorce lawyer, working with a lawyer familiar with regional practices creates a significant advantage. At this point, 2M Hukuk Avukatlık Ofisi offers preventive legal consultancy in uncontested and contested divorce cases, especially on technical issues such as the 1-year requirement, the risk of selecting the wrong case type, and the possibility of annulment.
Uncontested divorce is fast; however, it is not suitable for every marriage. The 1-year requirement is a critical factor that can lead to losing the case from the start if ignored. Therefore, acting with an expert divorce lawyer at the beginning of the process prevents both loss of time and rights.
