HOW TO GET CONSENTED DIVORCE IN TURKEY?

In Turkey, a consensual divorce (or mutual consent divorce) occurs when both spouses agree to divorce and have settled all issues regarding their marriage, such as the division of property, alimony, child custody, and visitation rights. The process is generally quicker and less contentious than a contested divorce. Here’s how you can go about obtaining a consensual divorce in Turkey:

1. Ensure Both Spouses Agree

• Both spouses must mutually agree on the divorce and all related issues. If either party disagrees on any aspect of the divorce, it will no longer be considered consensual, and the process will shift to a contested divorce.

• The agreement should cover all important issues such as:

  • Division of property: How assets and debts will be split.

  • Alimony: Whether one spouse will pay alimony and how much.

  • Child custody and visitation: If there are children, how custody will be shared and visitation rights.

2. Prepare a Divorce Agreement (Boşanma Protokolü)

• The spouses must sign a divorce protocol (Boşanma Protokolü), which outlines the terms of the divorce. This document details how all matters, including asset division, alimony, and child-related issues, will be handled.

• The protocol should be carefully drafted and ideally reviewed by a lawyer to ensure that it complies with Turkish law and protects both parties’ rights.

3. File a Petition for Divorce

• Where to file: You must file a petition at the family court (Aile Mahkemesi) in the district where either of the spouses resides.

• The petition should include the divorce request, the signed divorce protocol, and any other necessary documents, such as a marriage certificate and proof of identity (e.g., national ID or passport).

• If the spouses have minor children, the court will also assess whether the child’s best interests are being adequately addressed, including the custody arrangement.

4. Attend a Court Hearing

• After the divorce petition is filed, the court will schedule a hearing. In the case of a consensual divorce, the spouses must attend this hearing together.

• Court appearance: During the hearing, the judge will ask both spouses if they consent to the divorce and if they are satisfied with the terms of the divorce protocol.

• If the judge believes that the agreement is fair and there are no issues regarding the welfare of any children, the divorce will likely be granted.

5. Finalization of Divorce

• If everything is in order, the court will issue a divorce decree (Boşanma Kararı), officially ending the marriage.

• After the court grants the divorce, the decision will be final after a period of two weeks, during which either party can appeal the decision. If no appeal is made, the divorce is finalized.

6. After the Divorce is Finalized

• Marriage registration: Once the divorce is finalized, the divorce will be recorded in the Turkish civil registry, and both spouses will receive official documentation confirming the dissolution of the marriage.

• Changes to personal status: The individuals can update their personal information, such as their marital status, with relevant institutions, including banks, social security, and other public authorities.

Additional Considerations:

• Child Support and Alimony: Even if the divorce is consensual, the court may intervene to ensure that the needs of any children are properly addressed. Alimony may be awarded based on the financial circumstances of the spouses.

• Mediation: In some cases, the court may suggest or require mediation if there are disagreements, particularly regarding child custody or financial matters. However, this step is not typically necessary in a consensual divorce, where both parties have already agreed on these issues.

• Residence Requirement: At least one of the spouses must be a resident of Turkey to file for divorce in a Turkish court.

• Legal Representation: While it’s not mandatory for both parties to hire a lawyer, it’s highly recommended to ensure the agreement is fair and legally sound. A lawyer can help draft the divorce protocol and guide both parties through the legal process.

Conclusion:

A consensual divorce in Turkey is a relatively straightforward process when both spouses agree on the terms of the divorce. By drafting a comprehensive divorce agreement and filing the appropriate documents with the family court, the process can be concluded smoothly. It's advisable to consult with a lawyer to ensure that the divorce protocol complies with Turkish law and addresses all legal requirements.

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