MUTUAL DIVORCE

An amicable divorceis a type of divorce where spouses wishing to end their marriage mutually agree on the legal consequences of the divorce (such as alimony, property division, and child custody). Because there is no dispute between the parties, it is usually concluded more quickly.

Key Features of an Agreed Divorce:

• Mutual Agreement: The parties must have reached a complete agreement on all consequences of the divorce (such as alimony, property division, and child custody).
• Divorce Agreement: A protocol is prepared detailing all aspects of the agreement. This protocol clearly defines the rights and obligations of both parties.
• Fast Process: It concludes in a shorter time compared to contested lawsuits.
• Less Costly: It is less expensive than lengthy lawsuits.

Mutual Divorce Process

1. Preparation of a Divorce Agreement: The parties prepare an agreement outlining the terms of their divorce, either with the help of a lawyer or in the presence of a notary. This agreement details issues such as alimony, property division, and child custody.
2. Application to the Court: The prepared protocol is submitted to the family court.
3. Hearing: The judge listens to the parties, examines the settlement agreement, and if finds no deficiencies or irregularities, issues a divorce decree.

Advantages of Agreed Divorce

• Fast resolution: It is resolved in a shorter time compared to contested cases.
• Low cost: It is less expensive than lengthy legal proceedings.
• Stress-free process: Since there is no contentious process, the parties are psychologically more at ease.
• Control of the parties: The parties can determine the terms of the divorce themselves.

Terms of Mutual Divorce

• Marriage must have lasted at least one year: According to the Turkish Civil Code, if a marriage has lasted at least one year, and both spouses apply for divorce or one spouse accepts the other's application, the marital union is considered fundamentally broken, and an amicable divorce can be pursued.
• Mutual agreement: The parties must be in complete agreement regarding the divorce and its consequences.

Things to Consider in an Agreed Divorce

• Legal assistance: Consulting a lawyer during an amicable divorce is crucial for protecting your rights.
• The importance of a divorce settlement agreement: The agreement is a crucial document that safeguards the rights of both parties. Therefore, it must be legally sound.
• Children's rights: If there are children, measures must be taken to ensure their best possible protection and upbringing.

Conclusion

An amicable divorce is a type of divorce that occurs through mutual agreement between the parties and is concluded more quickly. However, in this process, which has significant legal consequences, it is important to consult a lawyer to protect your rights.

Example of an Agreed Divorce

Parties: Ali Veli (husband) and Ayşe Yılmaz (wife)

Reason for Divorce: Fundamental breakdown of the marital union.

Divorce Agreement Contents:

• Personal Information: The parties' personal information, such as their Turkish Republic identity numbers, places of birth, and addresses, is detailed.
• Marriage Information: This section contains details about the marriage, such as the date and location of the wedding.
• Child Status: It is stated whether the parties have a child, the child's age, and name.
• Property Division: All assets and liabilities acquired by the parties during the marriage, such as real estate, movable property, and bank accounts, are listed. The method of division of these assets (equally or in specific proportions) is specified.
• Alimony: This specifies whether one spouse will receive alimony, and if so, the amount and duration. If there are children, the amount of child support and the method of payment are determined.
• Child Custody: The parent who will be granted custody, the other parent's visitation rights, and visitation hours are determined.
• Compensation: If there is a matter of material or moral damages between the parties, the amount of compensation and the method of payment are specified.
• Sharing Household Items: This specifies how the parties will share their household items.
• Debt Repayment: This specifies how the parties' shared debts will be repaid.
• Other Matters: Other matters specifically agreed upon by the parties are specified in this section (e.g., transfer of insurance, inheritance rights, etc.).

Example Item:

• Article 5: Child Custody: The parties have agreed that the custody of their joint child, [child's name], will remain with the mother, Ayşe Yılmaz. The father, Ali Veli, will have the right to see the child every weekend between 10:00 and 18:00. Both parties will share half of the child's educational expenses.

End of Protocol:

• Signature: The parties and their lawyers sign the protocol.
• Date and Place: The date and place where the protocol was signed are specified.