WHAT IS A NEGOTIATED DIVORCE CASE?
A negotiated divorce case is a divorce case that the spouses open by agreeing on all the material and moral consequences of the divorce and by binding the issues they have agreed on to the protocol and submitting them to the court. In order for this case to be filed, the marriage must have lasted at least 1 year in order for it to take place. The negotiated divorce is concluded in one session.
HOW TO FILE FOR AN AGREED DIVORCE?
An agreed divorce case is opened by submitting the agreed divorce protocol, which the parties have arranged as a result of their agreement, to the court together with the petition for a lawsuit in all the results of the divorce, and depositing the costs of litigation fees at the court’s cashier. If an agreed divorce case is to be filed without a lawyer, the agreed divorce protocol, two copies of the lawsuit petition and a photocopy of the population wallet must be filed as a file. An agreed divorce case can be filed at any courthouse that the parties want.
WHAT ARE THE TERMS OF A NEGOTIATED DIVORCE?
In order for the terms of the negotiated divorce to be fulfilled, the marriage must first last at least 1 year. in marriages that have lasted less than 1 year, an agreed divorce path cannot be taken before the expiration of the period. the start date of the 1-year process is the date of the official wedding.
In order for the spouses to request the implementation of the institution of an agreed divorce from the court, both parties must have a will on the issue of an agreed divorce. An arranged divorce does not occur only if one party makes a will to divorce. The legal path that should be taken in this case is a contentious divorce case. Also, the spouses must have agreed on all the consequences of the divorce. As an example of these issues, it can be shown who will have custody of joint children, if any, whether participation or poverty child support will be paid, and how to share common goods.
After understanding the above-mentioned issues, the spouses transfer the issues they have agreed on to a protocol, sign it and submit it to the court. Information on how to prepare a negotiated divorce protocol can be found in our article An Example of a Negotiated Divorce Protocol.
WHAT SHOULD BE CONSIDERED WHEN DRAWING UP AN AGREED DIVORCE PROTOCOL?
Although an arranged divorce is considered a very simple issue among society and is not given much importance for this reason, the protocol dec an arranged divorce should be prepared very carefully, since it is a legal institution that will affect the entire life of the spouses. Otherwise, there may be a possibility that the parties will lose their rights.
In general, spouses sign an example of an agreed divorce protocol over the Internet by searching for an example and without examining the articles in this example protocol, and then there are irreparable or impossible damages. The family court judge makes his decision in accordance with the agreed divorce protocol submitted to the court. A professional preparation of the divorce protocol is required. For this reason, it needs to be prepared separately for each person and event, otherwise it may cause harm. To give an example of this situation, if the parties have written in the protocol of the negotiated divorce that they have waived their rights to material and moral compensation in the future, they will no longer be able to make a claim in this direction.
For this reason, it will be for the benefit of the parties to follow the process through a divorce lawyer or get legal support from a divorce lawyer both when preparing an agreed divorce protocol and to avoid losing rights in the process of an agreed divorce.
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