Consensual divorce is a type of divorce that can be concluded in a single hearing, in accordance with Turkish Civil Code Article 166/3, if the spouses agree on all the consequences of the divorce (property sharing, alimony, custody, compensation).
Legal Terms
- The marriage must have lasted at least 1 year.
- Spouses must apply together or the other must accept the case filed by one spouse.
- Both spouses must attend the hearing in person and express their will in front of the judge
- The judge may recommend changes in the protocol considering the interests of the parties and the children; If the parties do not agree, the consensual case is dismissed.
What Should the Consensual Divorce Protocol Include?
Approach of the 2nd Civil Chamber of the Supreme Court
The 2nd Civil Chamber of the Supreme Court of Appeals consistently adopts that in consensual divorce, the judge is obliged to supervise the best interests of the children ex officio, and that the judge may propose changes if the child support determined in the protocol is far from meeting the child's mandatory needs.
Situations Where the Judge Does Not Approve
- The amount of alimony determined for the child is insufficient
- Custody arrangement is against the best interests of the child
- Understanding that one of the spouses is under pressure/coercion
- The protocol is ambiguous or incompletely arranged
Process and Duration
Consensual divorce cases are concluded in a single hearing within an average of 1-3 months when the preparations are made completely. The decision must be finalized after the notification of the decision and the appeal period (15 days); Divorce is not recorded in the population register before it is finalized.
Common Problems Experienced After
- Depreciation of alimony against inflation → adaptation case (TMK art.176/4)
- Conduct contrary to the custody order → case for changing custody
- Leaving the property regime liquidation incomplete in the protocol → obligation to file a separate lawsuit
Incorrect/incomplete preparation of the protocol may lead to additional lawsuits that will last for years in the future. It will be in your interest to prepare your protocol with an expert lawyer.