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Although the end of the marriage union is a sad situation, in some cases the consensual divorce option can offer an easier process both financially and morally. The consensual divorce protocol is a document that plays a key role in this process and covers all the rights and obligations of the spouses regarding the divorce.
What is Consensual Divorce Protocol?
The consensual divorce protocol is a document in which the spouses who decide to end their marriage establish in writing their mutual agreements and rights and obligations on issues such as property sharing, alimony, custody, personal relationship. This protocol is submitted to the court along with the divorce case and becomes valid after it is approved by the judge.
What is Included in the Consensual Divorce Protocol?
The articles included in the consensual divorce protocol ensure that the divorce takes place fairly and smoothly for both parties. The main elements that may be included in the protocol are:
Property Sharing: All assets acquired by the spouses during the marriage (immovable properties, vehicles, money in the bank, stocks, etc.) are evaluated within the scope of this article and how they will be shared between the spouses is determined.
Alimony: This article regulates whether the spouse whose financial situation is weak after the divorce will receive financial support from the other spouse and, if so, how much alimony he will receive.
Custody: The agreements of the spouses who have children from the marriage union regarding who will have custody of their children are included in this article. Custody can be arranged as sole parent or joint custody.
Personal Relationship: This article determines what kind of relationship the children will have with the other parent after the divorce (frequency of meeting, holiday sharing, etc.).
Other Issues: Other issues agreed upon by the spouses regarding the divorce may also be included in this article. For example, changing the surname, how to pay marriage debts, etc.
How to Prepare a Consensual Divorce Protocol?
A consensual divorce protocol can be prepared between the spouses themselves or through their lawyers. It is important that the rights and interests of both parties are taken into account during the preparation of the protocol and that it is based on mutual consent.
Advantages of Consensual Divorce Protocol:
Consensual divorce protocol has many advantages compared to uncontested divorce. Some of these advantages are:
A Faster and Easier Process: A consensual divorce case is concluded faster and easier than a contested divorce. In this way, the stress and tension that comes with the divorce process is reduced.
Lower Cost: In a consensual divorce case, less litigation costs and attorney fees are paid compared to a contested divorce.
Less Discussion and Conflict: Since the spouses prepare a protocol by agreement in advance, arguments and conflicts that may arise during the case are minimized.
A More Positive Outcome: Consensual divorce can help spouses establish a more positive relationship after the divorce by ensuring that they separate with mutual respect and understanding.
Things to Consider About the Consensual Divorce Protocol:
Some important points to consider when preparing a consensual divorce protocol are:
Writing the protocol clearly and concisely: It is important that the items in the protocol are written in a way that is understandable and not open to interpretation.
Observation of the rights and interests of both parties: The protocol must be prepared in a way that takes into account the rights and interests of both parties.
