Cost of Uncontested Divorce in Turkey – 2024
The uncontested divorce case fee is the cost paid to the lawyer in a divorce where spouses end their marriage by mutual consent and with a protocol they present to the court. This fee includes additional expenses such as court costs and charges for service of process. Uncontested divorce cases are quicker and less costly compared to contested divorces.
In this article, we will provide information about the uncontested divorce case fee, examine the factors that affect the fee, and offer you useful tips in Turkish Law
What is the Uncontested Divorce Case Fee in Turkey?
As of 2024 in Turkey, the minimum uncontested divorce case fee is 17,900 TRY + VAT. This is the minimum fee stated in the Attorney’s Minimum Fee Schedule. Attorneys may request fees above this minimum. For example, according to the recommended fee list published by the Istanbul Bar Association, the uncontested divorce case fee is set at 52,500 TRY. Usually, an attorney will ask for a fee between these two amounts.
Costs and Expenses for Filing a Divorce Case in 2024
The fee for filing a divorce case in 2024 is 427.60 TRY. Additionally, an upfront court fee of 427.60 TRY is required.
As the case progresses, an advance payment of approximately 1,500 TRY is requested. However, this advance often proves insufficient, and additional payments may be necessary during the trial phase.
Reasons for additional payments include:
– Service of process
– Number of witnesses
– Expert witness fees (if necessary)
– Translation fees (if necessary)
Taking these items into account, the total costs for initiating a divorce case in 2024 can range from 2,400 TRY to 2,500 TRY.
Factors Affecting the Fee:
Some factors that influence the uncontested divorce case fee in Turkey are:
– Complexity of the Case: The more complex the clauses and asset conditions in the divorce protocol, the higher the fee might be.
– Attorney’s Experience and Expertise: Fees for experienced and specialized attorneys may be higher than those for less experienced attorneys.
– Regional Differences: Attorneys in larger cities may charge higher fees than those in smaller towns.
– Additional Services: If you request additional services related to the case (consultation, document preparation, expert witness fees, etc.) from your attorney, this will also affect the fee.
How is the Uncontested Divorce Case Fee Calculated?
To calculate the uncontested divorce case fee, you need to discuss the details of the case with your attorney. Your attorney will offer you a price quote considering the complexity of the case, their experience, and regional factors.
Differences Between Uncontested and Contested Divorce Case Fees:
One of the most significant differences between these two types of divorce is the duration and cost of the case. In this section, we will examine the differences in fees between uncontested and contested divorce cases and discuss the factors that affect the costs of each type.
Frequently Asked Questions about Uncontested Divorce Case Fees in Turkey:
Question 1: Is it mandatory to hire an attorney to file for an uncontested divorce?
Answer: No, it is not mandatory to hire an attorney to file for an uncontested divorce. Spouses can file a case by mutually agreeing and preparing a settlement protocol. However, filing without an attorney can complicate the protection of your legal rights and interests, potentially leading to losses. Therefore, it is highly recommended to consult an attorney before filing for an uncontested divorce.
Question 2: How long does an uncontested divorce case take to resolve?
Answer: Uncontested divorce cases are resolved quicker than contested divorces. The duration can vary depending on the court’s workload and the complexity of the case. Typically, uncontested divorce cases are resolved within 2-3 months.
Question 3: In which court is an uncontested divorce case filed?
Answer: Uncontested divorce cases are filed in the Family Court located where the spouses’ last residence is situated.
Question 4: What documents are required when filing for an uncontested divorce?
Answer: The documents required when filing for an uncontested divorce include:
– Petition for divorce
– Copies of ID cards
– Copy of the marriage certificate
– Settlement protocol
– Receipt for the court fee
Question 5: How are custody and alimony arranged after an uncontested divorce?
Answer: Custody and alimony are determined in the settlement protocol agreed upon by the spouses. The clauses in the settlement protocol are also approved by the court. Spouses can change the clauses in the settlement protocol later, but these changes must also be approved by the court.
For more help or consultation on this topic, please contact us.