TOĞAN LAW OFFICE
CONTRACTED DIVORCE
What Is Contracted Divorce?
In Turkish Law, the legislator regulated the contracted divorce institution by paying attention to the will of the spouses. According to the provisions of the Turkish Civil Code, which aims to maintain the existence of the family union, the issue of consensual divorce was also adhered to. In order for the negotiated divorce regulated in article 166 / II of the Turkish Civil Code No. 4721 to be realized, the following conditions must exist:
• Marriage must have lasted at least 1 year,
• Spouses apply together,
• The judge listens to the parties personally,
• Linking issues of consensual divorce to the protocol.
If the above-mentioned matters are not followed in the consensual divorce case, the existing case will turn into a contentious divorce case or the rejection of the case will be decided according to the type of deficiency. If the marriage has not yet been completed for 1 year, the case will be rejected, and if one of the parties fails to divorce, the case will turn into a contentious divorce.
The main purpose of consensual divorce is to value the will of the parties and to prioritize these wills. However, by providing such an opportunity to the parties in the Turkish Law system, which operates heavily, the opportunity to realize the divorce process more easily and quickly. As a matter of fact, divorce cases can continue for years, the parties wear out in this process and they have a troubled process in the society. In addition, with the intervention of the judge in the contractual divorce protocol, it is aimed to protect the spouse who is in a weak position.
The protocol drawn up between the parties regarding consensual divorce should include certain issues. The situation of the children of the parties, the financial consequences of the divorce, judicial expenses, matters regarding child support and compensation should be clearly stated in the protocol and there should be no dispute between the parties. For this reason, the bindingness of the protocol is important in the contractual divorce and it is also vital for the parties to determine their legal status as a result of the divorce.
Contracted Divorce Litigation Process
Spouses can open a contract divorce themselves or they can do this through their lawyers. There are issues to be considered in the process of consensual divorce. To mention these briefly:
• The case must be filed with a joint petition or the case filed by the spouse must be accepted by the other spouse,
• Negotiated divorce protocol should be issued
• The parties must personally declare their desire for divorce at the hearing to the judge
Duration of Litigation: Contracted divorce proceedings are one of the hearings ending in a single session in Turkish Law and lasts between 2-4 months. It may also take shorter than the intensity of the courts. If the demands of the parties are complete and complete with the opening of the lawsuit, the trial date will be given by the court. As a result of the parties declaring their will in the direction of divorce, the judge will decide to divorce and the divorce will be completed with the finalization of the case.
The Court of Duty: The court in charge of the consensual divorce is the Family Courts. If the case is opened in another court, the case will be rejected in terms of duty.
Competent Court: In the case of consensual divorce, general authority rules will be made in accordance with HMK for the appointment of the competent court.