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WHAT IS A MUTUAL CONSENT DIVORCE LAWSUIT?

In its broadest definition, it is when spouses who have been married for at least one year agree that the marriage is no longer sustainable, that the marriage has been fundamentally shaken, and that they are unable to continue the union, and consequently, they apply to the court to request a divorce.

To file for a mutual consent divorce, the following conditions must be met:

1. The parties must have been married for at least one year,

2. Both spouses must apply together,

3. They must agree on the financial consequences of the divorce and the situation of any children (custody, alimony, the personal relationship of the non-custodial parent with the child, etc.) and accept the arrangements that the judge deems appropriate.

According to Article 166/3 of the Turkish Civil Code, if the marriage has lasted at least one year, and the spouses either apply together or one spouse accepts the divorce petition of the other, the marriage is considered to have been fundamentally shaken. In such a case, in order for a divorce decree to be issued, the judge must personally hear both parties and be convinced that their wills are freely expressed. Additionally, the judge must find the arrangement regarding the financial consequences of the divorce and the children’s situation acceptable. The judge may make necessary changes to this agreement while considering the interests of the parties and the children. If these changes are also accepted by the parties, the divorce will be decreed. In this case, the rule that the admissions of the parties will not bind the judge does not apply.

WHAT ARE THE ADVANTAGES OF A MUTUAL CONSENT DIVORCE LAWSUIT?

Divorce lawsuits are emotionally and economically taxing not only for the parties involved but also for any children of the marriage. A divorce without mutual consent can extend for an uncertain period, sometimes lasting for years.

On the other hand, in divorce cases where there is no agreement, the financial consequences of the divorce and arrangements regarding the children are entirely at the discretion of the judge. For example, in a divorce lawsuit concluded without mutual agreement, the judge will determine visitation rights between the non-custodial parent and the children based on the principle of the child’s best interests. However, in a mutual consent divorce, the parties often have the opportunity to establish lifelong terms with their own will.

IS IT MANDATORY TO HIRE A LAWYER FOR A MUTUAL CONSENT DIVORCE LAWSUIT? WHAT IS THE IMPORTANCE OF A LAWYER?

In mutual consent divorce cases, a protocol is prepared, outlining the issues agreed upon by the parties. These matters will affect their lives for a lifetime, so it is crucial to prepare the protocol carefully, meticulously, and in accordance with the law. Given that the judge may intervene in the protocol, it should be noted that the judge may add provisions to the protocol that the parties might not desire.

Additionally, although it is not mandated by law, in mutual consent divorce cases, courts often give weight to the parties' will regarding the hearing date. Lawyers, by negotiating with the courts, can secure earlier and more convenient dates for the parties. Therefore, some complicated processes can be easily handled with the help of a lawyer.

It has been observed that some individuals who are not registered with the Bar Association and are not licensed attorneys, but rather individuals with no legal education, prepare these protocols under the guise of a "petition writer" and deceive the public for financial gain. Given that these protocols will affect individuals’ lives for a lifetime, we advise against consulting with or relying on individuals who are not licensed attorneys, whether for divorce cases or other legal matters. Otherwise, there is a possibility of irreversible consequences affecting one’s life for a long period.

HOW DOES THE PROCESS PROGRESS IN MUTUAL CONSENT DIVORCE CASES?

Once the protocol process between the parties is concluded, a lawsuit is filed. Following the filing of the lawsuit, a court hearing date is notified to the parties. The parties are required to attend the hearing. During the hearing, the judge will ask whether the parties freely made the protocol in accordance with Article 166/3. Additionally, the judge will review the protocol provisions, considering the interests of the parties and the children, and may make any necessary changes. After this review, the decision is made.

After the decision is rendered, a reasoned judgment is written and notified to the parties. The decision becomes final within two weeks of the notification, or immediately if the parties waive the right to appeal.