Consensual Divorce Procedure

How to carry out a consensual divorce?

In order for the married people to carry out a consensual divorce, they are required to have fulfilled the "conditions for consensual divorce" as stated under clause 24 sub-clause 2 (a) of the Family (Marriage and Divorce) Law no 1/1998. Consensual divorce is not possible for persons who do not have conditions present for consensual divorce governed by the law.

What are the conditions of Consensual Divorce?

The conditions for consensual divorce stated under Family (Marriage and Divorce) Law No 1/1998 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 or the division of the property and the custody of the children. The Court should be satisfied that their will is freely expressed in such an agreement by hearing 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 and when the person who does not receive custody will be able to spend time with the child;
• If the spouse who will not be granted the custody of a child will pay any child support and, if so, how much;
• If the spouse will pay alimony, and what will be the amount;
• How to divide the movable and immovable property and debts that are obtained within the marriage union and which are not personal property or liabilities;

How Can You File a Consensual Divorce Case?

Consensual divorce case is the divorce case allowing the parties to divorce as soon as possible and with the consent of both parties. When filing for a consensual divorce, an application must be made to the court with the jurisdiction to divorce the parties and together with and the necessary documents to be prepared. In divorce proceedings, the Court with jurisdiction is the District 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.