Consensual Divorce: What is it? Process and Conditions
The divorce process is often a complicated and stressful period for couples. However, if the parties separate by mutual consent, the process can be concluded more quickly and smoothly. Consensual divorce is a type of divorce that aims to make legal processes more orderly and less problematic. In this article, we will examine in detail what consensual divorce is, its processes and necessary conditions.
What is Consensual Divorce?
2.1. Definition
Consensual divorce is the separation of the parties by mutual consent during the divorce process after they have decided to divorce. The parties agree on the terms of the divorce and this agreement becomes officially valid when approved by the court.
2.2. Advantages of Consensual Divorce
Fast Process: Consensual divorce cases are concluded in a shorter time compared to contested cases.
Cost Savings: The costs during the litigation process are generally lower in consensual divorces.
Less Stress: Disagreements between the parties are minimized and the process becomes less stressful.
Controlled Process: The parties can control the process by determining the terms and consequences of the divorce between themselves.
Consensual Divorce Process
3.1. Application Stage
Petition Preparation: The parties apply to the court by preparing a petition for divorce. This petition includes the reasons for the divorce and the terms of the divorce.
Agreement Protocol: The parties prepare an agreement protocol on issues such as property sharing, alimony, and child custody. This protocol includes the terms approved by both parties.
3.2. Court Process
Application and Review: The court evaluates the parties’ agreement protocol by reviewing the application and additional documents. It determines whether the parties comply with the content of the agreement.
Hearing: A hearing is usually held in consensual divorce cases. In this hearing, the parties explain the terms and conditions of the agreement to the court. The parties must be present in court in person.
Decision: The court approves the parties’ agreement and makes the divorce decision. The approval of the terms of the agreement by the court makes the agreement official.
Consensual Divorce Requirements
4.1. Consent of the Parties
Joint Decision: The parties must make the decision to divorce jointly. Both parties must accept the divorce and consent to the consensual divorce.
Written Agreement: The terms of the divorce must be arranged in the form of a written agreement between the parties. This agreement must include issues such as property sharing, alimony and child custody.
4.2. Agreement Protocol
Property Sharing: The parties must agree on property sharing. How the belongings, property and other assets will be shared must be determined.
Alimony: Alimony requests and payments must be clearly stated in the agreement. The parties must make arrangements for spousal or child support.
Child Custody: An agreement must be reached on child custody and visitation arrangements. The best interests of the children must be considered.
4.3. Court Approval
Legal Validity of the Agreement: In order for the agreement between the parties to gain legal validity, it must be approved by the court.
Hearing Requirement: The parties must appear in court in person and have the agreement approved by the court.
Differences Between Consensual and Contested Divorce
5.1. Process and Costs
Process: Consensual divorce processes are faster and more orderly than contested divorces. In contested divorces, the process usually takes longer and can be more complicated.
Costs: Costs are generally lower in consensual divorces. In contested divorces, attorney and court fees can be higher.
5.2. Communication Between the Parties
Communication: In consensual divorces, there is better communication and cooperation between the parties. In contested divorces, there is usually more conflict and disagreement between the parties.
5.3. Determining the Results
Results: In consensual divorces, the parties determine the results among themselves and present them to the court. In contested divorces, the results are determined by the court and there may be disagreements between the parties.
Consensual divorce is an effective method that allows the parties to complete the divorce process faster and with less stress. The parties making a joint decision, preparing the agreement protocol and having the agreement approved by the court contribute to the successful completion of the process. In order for the consensual divorce process to be carried out properly, it is important to receive legal advice and manage the process correctly.