Consensual divorce is when the spouses apply to the court by reaching a common will regarding the divorce and its consequences. In this type of case, the parties are not only about divorce; They must also agree on issues such as alimony, custody, compensation, property division and personal relationship with the child.
A properly prepared consensual divorce protocol helps the process proceed faster and more smoothly. However, an incomplete or unclearly prepared protocol may cause new disputes after the divorce.
If an agreement cannot be reached between the parties during the divorce process, contested divorce case This topic may also attract your attention.
Legal Basis of Consensual Divorce
Consensual divorce, Article 166/3 of the Turkish Civil Code No. 4721. regulated in the article. According to the text of the Turkish Civil Code published by the Union of Turkish Bar Associations, if the marriage has lasted at least 1 year, consensual divorce may be on the agenda if the spouses apply together or if the other spouse accepts the lawsuit filed by one spouse.
The judge listens to the parties personally and evaluates whether their will to divorce has been freely expressed. In addition, the regulation regarding the financial consequences of the divorce and the situation of the children must be approved.
What are the Conditions for Consensual Divorce?
In order for a consensual divorce to be accepted, some conditions must be met. If one of these conditions is missing, the court may not decide on a consensual divorce.
| Condition | Explanation |
|---|---|
| Marriage must last at least 1 year | The period is calculated from the date of official marriage. |
| Parties must agree on divorce | Spouses may file a lawsuit together, or one spouse's case may be accepted by the other spouse. |
| Parties must attend the hearing | The judge must listen to the spouses personally. |
| Protocol must be prepared | Alimony, custody, compensation and property division should be clearly regulated. |
| The judge must find the protocol appropriate | Particularly the interests of children are taken into account. |
Is it possible to have a consensual divorce before 1 year has expired?
For consensual divorce, the marriage must have lasted at least 1 year. This period is calculated from the official marriage date, not the wedding date.
If the marriage has not completed one year, a consensual divorce cannot be decided even if the parties agree on all issues.
What is Consensual Divorce Protocol?
Consensual divorce protocol is a written agreement made by the parties about the divorce and its consequences. The court evaluates what issues the parties have agreed upon through this protocol.
The provisions contained in the protocol must be clear, understandable and applicable. Ambiguous statements may lead to enforcement proceedings or new lawsuits after the divorce.
What Should Be Included in the Consensual Divorce Protocol?
The conditions of each file are different. However, the following headings generally need to be arranged in the consensual divorce protocol.
| Protocol Title | Why is it important? |
|---|---|
| will for divorce | It shows that the parties have accepted the divorce. |
| custody | If there is a joint child, it is determined who will have custody. |
| personal relationship | The child's meeting schedule with the other parent is written down. |
| Participation alimony | The child's care and education expenses are regulated. |
| Poverty alimony | The issue of economic support after divorce is determined. |
| Material and moral compensation | Write down whether there is a demand and, if so, the amount. |
| sharing of property | Vehicles, real estate, household goods and other assets are regulated. |
| jewelery | Gold and jewelry demands are clarified. |
| Trial expenses | Fees, expenses and attorney fees are explained. |
Alimony and compensation provisions are among the areas that may cause disputes later. Because Alimony and compensation after divorce This issue should also be carefully evaluated during the consensual divorce process.
How is Custody Determined in Consensual Divorce?
The parties may agree on child custody. However, the judge does not only look at the agreement of the parties; It also evaluates the best interests of the child.
The child's age, educational status, health needs and relationship with the parents are important in custody arrangements. The content of the custody case may be useful for those who want to get more detailed information about this subject.
How Should the Personal Relationship with the Child Be Organized?
The protocol should clearly state on which days and at what times the non-custodial parent will meet with the child. It is important to clarify periods such as weekends, holidays, mid-term breaks and summer holidays.
Unclear arrangements may cause new disagreements between the parties after the divorce. For this reason, personal relationship provisions must be prepared in a concrete and applicable manner.
Alimony in Consensual Divorce
In consensual divorce, poverty alimony and child support can be arranged. The amount of alimony, payment date, payment method and increase rate should be clearly stated in the protocol.
If one of the parties does not request alimony, this should also be written clearly. Because vague statements such as "there is no demand for now" may cause different interpretations in the future.
Compensation in Consensual Divorce
The parties may agree on material and moral compensation. If there is a claim for compensation, the amount, payment date and payment method should be clearly arranged in the protocol.
If there is no claim for compensation, this should also be clearly stated. To avoid loss of rights Material and moral compensation conditions It is important to have information about it.
How to Arrange for Sharing of Property?
In a consensual divorce, the parties can agree on the house, vehicle, bank account, household goods, jewelry and debts. However, this agreement must be clear and enforceable.
For example, if it is decided to transfer a vehicle, the information about the vehicle, the date of transfer and who will bear the expenses should be written. For more detailed information on this subject, the content of property division in divorce may attract your attention.
Should Jewelry Be Included in the Protocol?
If the parties have an agreement regarding gold, jewelry and other ornaments, this should be written in the protocol. If there is no request or if the parties do not want to receive jewelry from each other, this situation should be clearly stated.
Jewelry is frequently the subject of dispute in divorce cases. Therefore, using ambiguous expressions in the protocol should be avoided.
How to File a Consensual Divorce Case?
A consensual divorce case is filed by applying to the competent family court with a petition and divorce protocol. In places where there is no family court, the case may be heard in the civil court of first instance as a family court.
In divorce cases, the competent court is the court of the place of residence of one of the spouses or the court of the place where they last lived together for six months before the case.
Does Consensual Divorce End in a Single Session?
Consensual divorce cases can often be concluded in a single hearing. However, for this, the petition and protocol must be prepared completely.
If one of the parties does not attend the hearing, if there is a deficiency in the protocol or if the judge does not find the arrangements appropriate, the process may take longer. Therefore, it is important to prepare the file correctly from the beginning.
How Long Does a Consensual Divorce Take?
The duration of a consensual divorce case varies depending on the workload of the court and when the hearing date will be given. It usually results in a shorter time than a contested divorce.
In order to avoid prolonging the process, the provisions of alimony, custody, compensation, property sharing and personal relationship should be clear in the protocol. In addition, the parties must maintain the same will at the hearing.
Will Consensual Divorce Turn into Contested Divorce?
Yes. If one of the parties says that they do not want a divorce at the hearing or does not accept the provisions of the protocol, a consensual divorce may not occur.
The process can also become contentious if one of the parties does not accept the changes suggested by the judge. Therefore, all items should be carefully evaluated before signing the protocol.
Is There a Consensual Divorce If There is Violence, Threat or Insult?
Consensual divorce is possible if the parties agree on the divorce and its consequences. However, if there are allegations such as domestic violence, threats, insults or persistent stalking, this situation can be evaluated separately in terms of criminal law, independent of the divorce process.
For example, the provisions of TCK Article 86 may come to the fore in the case of intentional injury, TCK Article 106 in the allegation of threat, TCK Article 125 in the case of insult, and TCK Article 123/A in the case of persistent stalking. In such cases, not only the divorce protocol, but also protective measures and the criminal investigation process may become important.
Can Protective Measures Be Taken Within the Scope of Law No. 6284?
In cases of violence or danger of violence, protection measures may be requested within the scope of Law No. 6284. These measures may come to the agenda independently of the divorce case.
For this reason, even if the parties are in the process of consensual divorce, it is important to get legal support if there is a security risk.
Is Consensual Divorce Possible Without a Lawyer?
A consensual divorce case can be filed without a lawyer. However, this does not mean that the process is risk-free.
Ready protocol examples may not be suitable for every file. Incorrect arrangements made on issues such as alimony, custody, compensation, jewelry and property sharing may lead to loss of rights in the future.
Legal Support from Attorney Mehmet Emin Kurşun
The goal of the consensual divorce process is not just to get a quick divorce. The main goal is to prepare a protocol that protects the rights of the parties and will not cause disputes in the future.
Attorney Mehmet Emin Kurşun provides legal support in preparing the consensual divorce petition, arranging the protocol provisions and conducting the litigation process correctly. In this process family law lawyer Getting support is important to avoid loss of rights.
Before Starting a Consensual Divorce
Consensual divorce can be a quick and less tedious process when prepared correctly. However, for this to happen, the legal conditions must be met, the protocol must be prepared completely and the parties must maintain the same will at the hearing.
When issues such as alimony, custody, compensation, property division and jewelry are not clearly regulated, new legal problems may arise after divorce. For this reason, it is beneficial to get support from an expert lawyer before filing for a consensual divorce.
Frequently Asked Questions
What is consensual divorce?
Consensual divorce is when the spouses apply to the court by agreeing on the divorce and its consequences. Issues such as alimony, custody, compensation and property division also need to be clarified.
How many years must the marriage last for consensual divorce?
For consensual divorce, the marriage must have lasted at least 1 year. This period is calculated from the date of official marriage.
Is it possible to get a consensual divorce before 1 year has passed?
No. If the marriage has not completed 1 year, a consensual divorce cannot be decided. If there are conditions, filing for a contested divorce may be on the agenda.
Is it necessary to go to a hearing in a consensual divorce?
Yes. The judge must listen to the parties personally. Therefore, the parties must attend the hearing.
Is a consensual divorce protocol mandatory?
The parties must agree on the financial consequences of the divorce and the situation of the children. It is important in practice to present this agreement in written protocol.
Can a consensual divorce be completed in a single hearing?
If the file is prepared completely, the parties attend the hearing and the judge finds the protocol appropriate, it can be concluded in a single hearing.
Can alimony be received in a consensual divorce?
Yes. The parties may agree on alimony or child support. The amount and payment method must be clearly written in the protocol.
Can compensation be claimed in a consensual divorce?
Yes. The parties may agree on material and moral compensation. If there is a demand, the amount and payment date should be specified in the protocol.
Can a consensual divorce be made if there is an allegation of violence?
If the parties agree on the divorce and its consequences, consensual divorce is possible. However, if there are allegations such as violence, threats or insults, the provisions of the Turkish Penal Code and protection measures may also come to the fore.
Can the consensual divorce protocol be changed later?
Before the divorce decision becomes final, changes can be made with the consent of the parties and the judge's approval. After the decision is finalized, it may be necessary to file a separate lawsuit for some issues.
