Terms of the Negotiated Divorce Case

166 of the Turkish Civil Code.article 3. the terms of the divorce case agreed in the paragraph are as follows:

a) The marriage must have lasted at least one year,

It is not possible for the parties to divorce by agreement if the marriage has lasted less than a year. As of the date of filing the lawsuit, the marriage must have lasted at least one year. Otherwise, the lawsuit filed will be dismissed. If the parties are in this situation, they can divorce based on other reasons for divorce, for example, the main type of divorce case based on the reason for the breakdown of the marriage union, the reason of severe lack of livelihood, if any.

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

The spouses will either apply to the court with the petition they have co-signed, or the other party to the lawsuit filed by one of them will make it clear at the hearing that they want a negotiated divorce.

c) The judge personally listens to the parties and believes that their will is freely explained;

Even if both parties have lawyers separately or together, the spouses are required to personally participate in the negotiated divorce case and explain their desire for an agreed divorce at the hearing, their will.

d) The parties agree on a protocol (Protocol) regarding the financial consequences of the divorce and the status of the children, and the judge also finds it appropriate to regulate

Such issues as compensation and alimony are meant from the financial consequences of a divorce. The parties must establish an agreement on these issues. In addition, the parties must also agree on the custody of the children, if any. The judge must also find this agreement appropriate. The judge may make any changes that he deems necessary in this agreement, taking into account the interests of the parties and the children. If these changes are also accepted by the parties, a divorce will be granted.

In practice, the parties draw up an agreed divorce protocol and submit this protocol to the agreed divorce file. If the protocol has not been prepared, a divorce can also be decided by submitting the agreed issues to the minutes.

as a result;

If all of the above conditions have been fulfilled together, the marriage union is considered to have been shaken from its foundation and the parties are decided to divorce without seeking any other evidence by the court, even without examining who has the defect.

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