What Is Contested ( Agreed) Divorce in Turkey?

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The divorce that takes place if the spouses agree on the legal and financial consequences of the divorce and personally report their statements before the court, is called contested divorce.

1. What Is contested Divorce?

The divorce that takes place if the spouses agree on the legal and financial consequences of the divorce and personally report their statements before the court, is called contested divorce.

No evaluation is made as to which of the spouses is defective in consensual divorce. In consensual divorce, it is considered to be hypothetical that marriage cannot continue, and the parties do not need to prove the events that caused the divorce. For this reason, contracted divorce cases are concluded in one session.

Consensual divorce results much faster than contentious divorce. Because controversial divorce cases take an average of 1-1.5 years, while contracted divorce cases end in about 1-1.5 months.

2. How to make a consensual divorce?                                                                

In order for a consensual divorce to take place, the parties must first agree on matters that are divorced (divorce, custody, personal relationship, child support and compensation). For the convenience of implementation, it is useful to prepare this agreement in a protocol text. After the protocol text to be prepared is signed by the parties, a contractual divorce case should be filed duly.

On the day of the hearing to be determined after the lawsuit to be filed, the parties should be ready before the court and explain their will about divorce. A decision to divorce is made upon the decision of the judge considering the divorce. However, with this decision, we can not call the parties as divorced.

Within 2-3 weeks of the execution of the hearing, the court will prepare a justified decision to show what legal reasons the divorce decision was based on. In order for the divorce order to be finalized, the justified decision must be notified to the parties. In order for the divorce to be fully realized, the parties must receive the reasoned decision and not object to this decision.

3. What are the Conditions of Contested Divorce?

In order for the contested  divorce to take place, the following conditions must exist;

-Your marriage must have lasted at least a year. The primary condition for the decision to decide on contested divorce is that the parties have been married for at least a year. The one-year period specified here is calculated from the date of the official marriage.

- In order to divorce, spouses must either apply to the court together or a spouse must accept the divorce case opened by another.

- The judge must listen to the parties himself. In order for a consensual divorce to take place, the parties must be ready before the judge and demonstrate their will to divorce. The judge will listen to the parties and determine whether their statements are based on their free will. Contracted divorce cases differ from contested divorce cases in this regard. Because the parties do not have to attend the hearings in contentious divorce cases. In consensual divorce cases, the parties must make a declaration before the judge.

- The agreement made by the parties must be found appropriate by the judge. The parties can agree as they wish on the financial and legal matters of the divorce. However, the judge may make changes in the agreement reached by the parties, taking into account the interests of the parties and children. If these changes made by the judge are accepted, a contested divorce will take place. However, if the changes made by the judge are not accepted by the parties, no contested divorce will take place.

4. Is It Possible To Give Up From Contested Divorce?

According to the decision of the General Assembly of the Supreme Court of Law, the parties may give up on a divorce before the divorce order is finalized, even if the parties have attended the hearing. Moreover, they do not need to give any reason when giving up. In this regard, even if the parties have signed a protocol or went to the hearing and made a statement, there is a possibility that they will give up from the contested divorce.

If one of the parties gives up on a contested divorce, the case will turn into a contentious divorce case. In this case, the court judge will give time to the plaintiff spouse to explain the events causing the divorce and to report their evidence. If necessary explanations are made within this period, the case will proceed as a contentious divorce case; otherwise, the case will be rejected.

5. Is a Lawyer must  in Contracted Divorce?

It is not obligatory for the parties to obtain legal assistance from a lawyer while performing the contracted divorce proceedings. However, a legal mistake to be made in these processes may cause the parties to lose certain rights in an irreversible way. For these reasons, the parties' legal support from the lawyer is in their own interest in contracted divorce cases.

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