An Agreed Divorce case is a type of case in which the parties terminate the marriage with a divorce protocol. The divorce protocol is the basic document used in disputes arising for any reason, even after the divorce, containing the rights and interests and obligations that both parties will obtain as a result of the divorce.
The conditions of an agreed divorce case are 166 of the Turkish Civil Code.article 3. it is determined in the joke. These;
a) The marriage has lasted at least one year,
If the marriage has lasted less than a year, it is impossible for the parties to divorce by agreement. In this case, the parties may divorce based on other divorce reasons, if any, for example, the reason of severe incompatibility, which is the main type of divorce case based on the reason of the breakdown of the marriage union.
b)The spouses apply to the court together or one spouse accepts the other’s case;
The spouses must have applied to the court together or the other spouse must have accepted the divorce case filed by one spouse.An agreed divorce may occur as a result of the parties applying with a joint petition, or an agreed divorce may occur if the other party accepts all the requests in the divorce case that one of the spouses has duly filed.
c) The judge listens to the parties personally and makes them believe that their wills are freely disclosed;
Even if both parties are represented by a lawyer, the spouses must personally participate in the negotiated divorce case and explain their will to divorce.
d) The parties agree on an arrangement regarding the financial consequences of the divorce and the status of the children, and the judge finds the arrangement appropriate; the financial consequences of the divorce are issues such as intentional compensation and alimony.the parties should establish an agreement on these issues. In addition, the parties must also agree on the custody of the children, if any. Undoubtedly, the judge should also find all these agreements appropriate.
The parties can agree on the following issues by arranging a divorce protocol:
Alimony,
Custody,
Material And Moral Compensation,
Sharing of household items,
Sharing Property in Divorce,
He Will Receive a Contribution Share,
Participation Will Take.
The judge may make changes to this agreement as he deems necessary, taking into account the interests of the parties and the children. If these changes are accepted by the parties, divorce is ruled.
In practice, the parties prepare an agreed divorce protocol and submit this protocol to the agreed divorce file. If the protocol has not been prepared, a divorce may be decided by putting the agreed issues into the minutes.
If all of these conditions have been realized together, the marriage union is considered to have been shaken from its foundation and the court decides to divorce the parties without looking for any other evidence.
If the judge finds that the will of the parties has been violated for any reason, he will reject the divorce request. The parties are required to explain their divorce wills in person before the judge. Since divorce is one of the closely related rights of a person, it is not possible for a divorce lawyer to explain the will of divorce by replacing the parties.The judge must find appropriate the arrangement related to the financial consequences of the divorce and the status of the children.The issues such as material and non-pecuniary compensation, child support (Participation and poverty support), custody of children, personal relationship with children in the terms of the agreement submitted by the parties to the judge must be found appropriate by the judge. If the judge deems it necessary, he may change these conditions. However, if these changes made by the judge are accepted by the parties, an agreed divorce may take place. Otherwise, the case will turn into a contentious divorce case. However, in practice, this situation is not encountered much, as judges usually accept the terms agreed by the parties.
In addition, an agreed divorce may also occur if the parties submit a protocol explaining their agreed divorce will to the court while the divorce case has been opened and is ongoing, or if they record the terms of the agreement during the hearing.The parties are required to explain their will to divorce before the judge.The law has introduced this condition for an agreed divorce in order for the parties to be able to freely disclose their wills in the presence of a judge.
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