What Is The Content Of The Negotiated Divorce Case? - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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What Is The Content Of The Negotiated Divorce Case?

29 Oct What Is The Content Of The Negotiated Divorce Case?

Posted at 04:32h in General by
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The terms of the contractual divorce case in paragraph 3 of Article 166 of the Turkish Civil Code are as follows:

a) Marriage must last for at least one year,

If the marriage lasted less than a year, it is not possible for the parties to divorce by agreement. The marriage must have lasted for at least a year as of the date of the case. Otherwise, the lawsuit is rejected. In this case, the parties may divorce on the basis of the reasons of other divorce, if any, for the reason of severe disagreement, which is the basic type of divorce case, for the reason of shaking the unity of marriage.

b) the spouses apply to the court together or a spouse accepts the case of the other;

The spouses shall either apply to the court with the petition signed by the partner or open the case against one’s case and the other party shall expressly express a desire for a contracted divorce at the hearing.

(c) The judge is convinced that his will is freely disclosed by listening to the parties;

Even though both of the parties have separate or joint attorneys, the spouses must personally participate in the negotiated divorce proceedings and they must declare their will and divorce requests at the hearing.

d) The parties agree on an arrangement (Protocol) with respect to the financial consequences of the divorce and the situation of the children and the judge considers it appropriate to

The financial results of divorce imply compensation and alimony. The parties must establish an agreement on these issues. The parties also need to agree on the custody of the children, if any. The judge should also find this agreement appropriate. The judge may make the necessary changes in this agreement by considering the interests of the parties and the children. In this case the parties shall be subject to the adoption of amendments divorce.

In practice, the parties prepare a negotiated divorce protocol and submit it to the contracted divorce file. If the protocol is not prepared, divorce can be decided by passing the agreed issues to the minutes.

AS A RESULT;

In the event that all of the above conditions are fulfilled, the marriage union is deemed to be shaken from the ground, and the court decides to divorce the parties without any further proof of the fault, without any further evidence being asked by the court.

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