THINGS YOU NEED TO KNOW ABOUT CONSTITUTIONAL DIVORCE
The concept of consensual divorce is regulated in the 3rd paragraph of Article 166 of our Turkish Civil Code. According to the said article, the conditions specified for a consensual divorce must be met.
First of all, the important thing to consider is that in order to get a consensual divorce, the spouses must have been married for at least 1 year. Couples who have been married for less than a year must wait for one year to complete a consensual divorce. Of course, the starting date of this 1-year period is the date of the official marriage.
On the other hand, in consensual divorce, as the name suggests, the parties must reach full agreement and agreement on all the material and moral legal consequences of the divorce and prepare a divorce protocol accordingly. In a consensual divorce case, the parties must be present before the judge, and it must be confirmed before the judge that both parties approve the results in the divorce protocol. In cases where one of the parties does not appear before the judge, a divorce cannot be decided, and the consensual divorce case is postponed to the next hearing so that the party that does not appear is heard.
If there is a child in the marriage in question, the issue of custody is also important. The protocol prepared in the consensual divorce case should be prepared in detail to avoid any doubt in terms of custody.
If the judge is satisfied that the parties are in full agreement on the issues regarding the material and moral consequences of the divorce specified in the divorce protocol and after his own evaluation decides that the divorce will be achieved in this way, he decides to divorce according to the issues agreed between the parties. As can be understood, consensual divorce is a form of divorce that allows the parties to divorce as soon as possible. However, it would be beneficial for the parties to seek help from a lawyer in order to avoid any loss of rights in the future.