A consensual divorce is a type of divorce in which the spouses mutually apply to the court to end their marriage. This type of divorce occurs when both parties want a divorce and agree on issues such as property sharing, alimony, child care and custody. A consensual divorce offers a quicker and less costly divorce process.
Conditions for a Consensual Divorce:
Mutual Consent of the Spouses:
Both spouses must accept the divorce and make an agreement on the divorce.
There Should Be No Disagreement:
The spouses must agree on all issues related to the divorce (property sharing, child custody, alimony, etc.).
One Year Must Have Passed:
According to the Turkish Civil Code, the spouses must have been married for at least one year for a consensual divorce.
However, even if the spouses agree on their requests for divorce, one year of marriage must be completed in order to receive a divorce decision.
Application to Court:
The spouses apply to the family court with a petition that includes a request for divorce and an agreement.
The court approves the divorce requests by reviewing the agreements of the parties. In addition, court approval is required for issues such as child custody and alimony.
Court Decision:
The court issues the divorce decision after reviewing and approving the request for a consensual divorce.
All issues agreed upon are supervised by the court. A decision is made that the marriage has ended.
Advantages of Consensual Divorce:
Fast Process: Since there is no disagreement between the spouses, the litigation process is usually short. The court only approves the agreements of the parties.
Lower Cost: It requires less court fees and attorney fees compared to contested divorces.
Less Stress: There is less tension and conflict between the spouses because the divorce process is based on compromise.
Disadvantages of Consensual Divorce:
Cannot Be Realized Without the Consent of One of the Parties: If one of the spouses does not want a divorce, a consensual divorce is not possible.
Difficulties in Controversial Issues: If the disagreements between the spouses are still unresolved, a consensual divorce cannot be sought.
Consensual divorce is a quick and low-cost divorce method preferred when both parties want a divorce and agree on all conditions.
