Divorce by Agreement via SEGBİS from Prison

Divorce by agreement is regulated in Article 166/3 of the Turkish Civil Code ("TCC").

TCC Article 166/3

If the marriage has lasted at least one year, and either both spouses apply together or one spouse accepts the other's petition, the marriage is considered fundamentally broken. In this case, for a divorce decision to be granted, the judge must personally hear the parties, ensure their wills are freely expressed, and approve arrangements regarding the financial consequences and children’s situation as agreed by the parties. The judge may make necessary modifications considering the interests of the parties and children. If these modifications are accepted by the parties, the divorce is granted. The rule that the parties’ statements are not binding on the judge does not apply in this case.

Conditions for Divorce by Agreement

• The marriage must have lasted at least one year
• Both spouses must file the case together or one must accept the other's filed case
• There must be a protocol prepared by the parties regarding financial matters and the situation of children

The judge may make modifications if necessary in the protocol. If these modifications are accepted by the parties, the divorce is granted.

According to Law No. 4787 on the Establishment, Duties and Procedures of Family Courts, family law cases and matters are heard in family courts, and in places without family courts, in civil courts of first instance. According to TCC Article 168, the competent court is the court of the place where one of the spouses resides or the court of the place where they last lived together for six months prior to the case.

Hearing the Incarcerated Spouse

One of the most important conditions for divorce by agreement is that the judge personally hears the parties. Bringing a convicted or detained spouse from prison to court can be challenging due to limited prison vehicles, security, and costs. In many cases, courts are informed that the convict cannot be physically brought to the hearing.

One key requirement of a divorce by agreement is the judge hearing the parties personally. However, bringing a convicted or detained spouse from prison may cause issues. Divorce cases should be filed in the court of the spouse's residence or the place where they last lived together for six months. If the convict or detainee is in a prison in a different city, bringing them to court is usually not possible. Prisons often inform courts that due to distance, travel costs, and lack of resources, the convict or detainee cannot be brought to the hearing.

Participation via SEGBİS

There is no legal obstacle for the convict or detainee to be heard via SEGBİS (audio and video system). However, since most family courts do not have SEGBİS, this option is often not used. In such cases, the parties must request that the hearing be held in a courtroom equipped with SEGBİS. If the judge approves, a letter is sent to the prison to make the detainee/convict available via SEGBİS. This allows the parties to complete the divorce process quickly without waiting for the transfer from prison.

According to TCC Article 166, both parties must be personally heard in a divorce by agreement case. However, there is no legal barrier to using the Audio and Video Information System (SEGBİS). A convict or detainee can participate in the hearing via SEGBİS. Since most family courts lack SEGBİS infrastructure, it is often practically impossible to hear prisoners this way. Therefore, a request should be made to the judge for the hearing to be conducted in a courtroom with SEGBİS (such as a civil court courtroom). If approved, a letter is sent to the prison so that the convict or detainee is available via SEGBİS at the scheduled date and time. This way, the parties do not have to wait for the spouse to leave prison and can conclude the divorce more quickly.