As the name suggests, this is a type of case where spouses who wish to end their marriage have reached an agreement on divorce. At the same time, the couple must also have reached an agreement on issues such as alimony, compensation, property division, and custody, in addition to the decision to divorce.
Unlike contested divorce, uncontested divorce is completed in a single hearing on the same day and is the shortest and most convenient way to separate. Contested divorce takes longer than uncontested divorce.
Conditions for Divorce by Mutual Consent
· The Marriage Must Have Lasted at Least One Year: The parties must have been married for at least one year. Legally, considering certain public and social interests, divorce by mutual consent cannot be applied to marriages lasting less than one year.
· The Spouses Must Apply to the Court Together or One Spouse Must Accept the Other Spouse’s Petition for Divorce: The spouses can request the termination of the marriage by jointly declaring their intention to divorce to the court.
The Parties’ Requests for Divorce Must Be Based on Free Will and Belief: The divorce intention declared by the parties must be entirely the product of their free will, without any pressure or coercion; the judge hears the parties and examines their intentions regarding the divorce and determines whether these intentions are based on free belief.
· The Parties Must Prepare an Agreement/Protocol Regarding the Financial Consequences of the Divorce and the Status of Children Born During the Marriage:
Spouses who declare their intention to divorce by mutual consent must make arrangements covering financial matters related to the marriage and, if children were born during the marriage, the financial and emotional circumstances of those children. As a rule, although no formal requirements are stipulated for these arrangements, in practice it is now common for these matters to be regulated in written agreements called “protocols.”
How to File for Mutual Divorce?
After all matters related to the divorce have been discussed and a mutual decision has been reached, a joint divorce petition and minutes are prepared. Either spouse can file the case (it does not matter who files first); after the mutual divorce petition is filed, the other spouse must declare that they accept the case and submit the minutes.
After the divorce is finalized, the reasoned decision is awaited, and once written, it is sent to the registry office. This process can take approximately 1 month.
Mutual Divorce Protocol “Divorce Agreement”
Although there is no official requirement for divorce protocols, in practice, divorce protocols are drawn up in writing.
Nature of the Mutual Divorce Protocol
The relevant provision of the Turkish Civil Code is as follows:
“…it is essential that the judge hear the parties in person, ensure that their intentions are freely expressed, and decide that the agreement on the financial consequences of the divorce and the situation of the children is acceptable to the parties.”
The judge may make any changes deemed necessary in this agreement, taking into account the interests of the parties and the children. If the parties accept these changes, the divorce is finalized…” This clearly highlights the importance of the protocol to be drawn up regarding the divorce.
Scope of the Mutual Divorce Protocol
The minutes to be drawn up regarding the divorce case must cover certain fundamental issues and be drawn up in accordance with the requirements of the legislation. Divorce minutes must include the following:
· Personal Information of the Parties: Name, Surname, Turkish ID Numbers
· Legal Addresses of the Parties
In addition, the fundamental issues are as follows:
v Intention to Divorce: The parties must clearly state that they have decided to divorce of their own free will, without any pressure or influence, and that they wish to divorce.
v Custody, Joint Custody of Children, and Personal Relations: If there are joint children, it must be clearly stated which parent will be granted custody. In our legal system, the interests of the child come first; the arrangement must not be contrary to the best interests of the child and must provide the child with the most reasonable and beneficial environment, both materially and emotionally.
Alimony: The monthly contribution paid by the spouse who does not have custody rights towards the child’s expenses is called alimony, and the amount and payment plan of this contribution can be specified in the prepared divorce agreement.
The judge may make any changes deemed necessary in this agreement, taking into account the interests of the parties and the children. If the parties accept these changes, the divorce becomes final…” This clearly highlights the importance of the protocol to be drawn up regarding the divorce.
Scope of the Mutual Divorce Protocol
The minutes to be drawn up regarding the divorce case must cover certain fundamental issues and be drawn up in accordance with the requirements of the legislation. The divorce minutes must include the following:
· Personal Information of the Parties: Name, Surname, Turkish ID Numbers
· Legal Addresses of the Parties
In addition, the fundamental issues are as follows:
v Intention to Divorce: The parties must clearly state that they have decided to divorce of their own free will, without any pressure or influence, and that they wish to divorce.
v Custody, Joint Custody of Children, and Personal Relations: If there are joint children, it must be clearly stated which parent will be granted custody. In our legal system, the child’s best interests are paramount; the arrangement must not be contrary to the child’s best interests and must provide the child with the most reasonable and beneficial environment, both materially and emotionally.
Alimony: Alimony refers to the monthly contribution paid by the spouse who does not have custody rights towards the child’s expenses, and the amount and payment plan of this contribution may be specified in the prepared divorce agreement. Similarly, poverty alimony is the monthly alimony amount agreed upon by the parties after divorce and paid to the party to whom this right is granted in the protocol. Accordingly, if the parties request alimony from each other after the divorce, the amount and payment plan must be clearly stated in the protocol.
v Material and Moral Compensation: If the parties have claims for material and/or moral compensation from each other due to the divorce, this matter must also be clearly stated in the protocol in terms of both the amount and the payment schedule.
v Status and Delivery of Personal Belongings: If the parties have personal belongings in the shared residence or if one party has personal belongings left in the other’s residence, the protocol may specify what these belongings are, when and how they will be delivered.
Claims Related to Property Regime: If the parties have claims such as sharing, participating in, or equalizing the increase in value arising from the property regime after the termination of the marriage, these should also be clarified in the protocol.
v Fate of the Shared Residence: If the parties had a shared residence where they lived together before the marriage ended, the protocol may specify who will remain in this shared residence after the divorce.v Legal Costs and Attorney Fees: The agreement may stipulate who will pay the legal costs and attorney fees related to the divorce, when, and how.