What are the Conditions for Divorce by Agreement?

How Does Divorce by Agreement Happen?

The amicable separation of parties in the dissolution of the marriage union is called divorce by agreement. You can visit https://www.solmazlaw.com/project/aile-ve-miras-hukuku/ for more information about divorce by agreement. In this process, couples decide among themselves on the rights and obligations arising from the marriage and submit them to the court. The most important reason for choosing divorce by agreement is that the process is much shorter compared to contested divorce and that the parties can separate without being worn out. For this lawsuit to be accepted, certain legally stipulated conditions must be met.

Advantages of Divorce by Agreement

According to the Turkish Civil Code, for divorce by agreement to occur, first of all, the marriage must have lasted for at least one year. Divorce by agreement is not possible in marriages that last less than one year. Secondly, both parties must agree on the divorce. In other words, a divorce by agreement lawsuit cannot be filed solely at the request of one of the spouses. The parties must apply to the court together, or one party must accept the lawsuit filed by the other. Another important element is the divorce protocol. In this protocol, all issues such as property division, alimony, custody, and compensation must be clearly decided. The judge must ensure that the parties have prepared this protocol of their own free will and must approve the agreement. Otherwise, the case may turn into a contested divorce. It allows parties to give a new direction to their lives in a shorter time. The court process is usually completed in a single hearing, avoiding long litigation costs. Since the parties have reached an agreement among themselves, it is less psychologically and economically draining. Especially reaching an agreement on child custody contributes to maintaining healthy communication among family members. The conditions are that the marriage has lasted for one year, the parties agree on divorce, and a protocol is prepared that includes all legal details.