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Consensual divorce

Consensual divorce

How to make a consensual divorce?

In order for the married people to have consensual divorce, they are required to have fulfilled the "conditions for consensual divorce" as stated under article 24 paragraph 2 (A) of the Family (Marriage and Divorce) Law no 1/98. Consensual divorce is not possible for persons who do not have conditions for consensual divorce governed by the law. The divorce proceedings to be opened can be controversial for them in a case which will only be filed on the basis of the fault of one of the parties.

What are the terms of consensual divorce?

The conditions for consensual divorce stated under Family (Marriage and Divorce) Law no 1/98 for consensual divorce are as follows.

1- The spouses must have been married for at least a year. For marriages that lasted less than a year, no consensual divorce may be filed.

2- For the consensual divorce, the parties have to agree on the financial results of the divorce and the situation of the children and, again, the judiciary should be convinced that their will is freely explained by listening to the parties themselves. Therefore, both parties should be present before the Court.

What are the points to be agreed in the Consensual Divorce Case?

  • If parties have any child, who will receive the custody of the child,
  • How the person who does not receive custody will be in a relationship with the child and how often he/she will visit,
  • If the spouse and / or the participant will be paid alimony, what will be the amount,
  • How to share the movable and immovable property and debts that are taken within the marriage union and which are not personal goods,

How Can You File a Consensual Divorce Case?

Consensual divorce case is the divorce case allowing the parties to divorce as soon as possible. When filing for a consensual divorce, an application must be made to the competent court together with the consensual divorce and the necessary documents to be prepared. In the case of divorce proceedings, the competent Court is the Family Court where any of the parties resides.

Documents required for consensual divorce case are:

  • Marriage Certificate and / or Marriage License;
  • Birth certificates and / or identity-passport documents for child and/or children under the age of 18;
  • All documents related to movable and /or immovable property acquired within the Marriage Union (Immovable Property / Vehicle / Sales Agreement etc.);
  • If there is a debt in the Marriage Union, the documents showing this debt.

How Long Will the Consensual Divorce Take?

The consensual divorce period shall be concluded in a single session within one month if the whole legal process is carried out correctly.  The most important aspect of shortening consensual divorce time is the proper execution of legal procedures. For this reason, it is recommended that individuals who say that they want a divorce in a single session should agree with their spouses in this matter and keep this process professionally.

Attr. Ayşe Seyitoğlu
  • Attr. Ayşe Seyitoğlu
  • January 2019