Categories: INFORMATION

Consensual Divorce

According to the Article 166/3 of the Turkish Civil Code, the conditions of the consensual divorce proceedings are as the following:

a) The marriage should last at least a year,

If marriage lasts less than a year, it is not possible for the parties to divorce by consensual divorce procedure. As of the date the case was filed, marriage must have lasted at least one year. Otherwise, the case is dismissed.

b) The spouses apply to the court together, or a spouse accepts the other’s case;

The spouses will either appeal to the court with the petition they have signed, or the other party will openly declare that they want a divorce in court.

(c) The judge  has to be  convinced that the spouses have declared their will about divorcement freely after the judge have listened the spouses personally.

d) The parties have to sign a protocol about the financial consequences of the divorcement and custody of the children and also the judge has to approve the protocol.

 

AS A RESULT;

If all of the above conditions are provided together, the union of marriage is considered to have been broken down, and the judge will decide on divorce without further investigation.

Aşıkoğlu Hukuk Bürosu

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