Consensual Divorce and Property Division: Legal Framework and Implementation
The divorce process is a complex period for couples, both legally and emotionally. Consensual divorce can help complete this process faster and more smoothly. However, the legal framework and implementation details of the property division issue are of great importance for the successful completion of a consensual divorce. In this article, we will examine in detail the legal framework and implementation steps of property division in the consensual divorce process.
What is Consensual Divorce?
2.1. Definition
Consensual divorce is when couples decide to divorce jointly and agree on all the details of the divorce process. The parties agree on the terms of the divorce, and this agreement becomes officially valid when approved by the court.
2.2. Advantages
Fast Process: Consensual divorce process is concluded faster compared to contested divorces.
Low Costs: Court and attorney fees are usually lower.
Reduced Stress: The reduction of disagreements between the parties eases the emotional burden of the process.
Legal Framework of Property Division
3.1. Property Regime and Division
Legal Property Regimes: In Turkey, property division during divorce is determined according to legal property regimes. Legal property regimes offer options such as the regime of participation in acquired property, separation of property and shared property division.
Regime of Participation in Acquired Property: According to this regime, acquired property (property acquired during the marriage) is shared equally during divorce.
Separation of Property: Spouses keep the property they own during divorce as their own property; no property division is made.
Separation of Property with Share: Spouses share the property in their own property during divorce and acquired property is kept separate.
3.2. Legal Basis
Turkish Civil Code: Property division is regulated in Article 202 and the following of the Turkish Civil Code. The law determines how property regimes and property division will be made during divorce.
Divorce Protocol: The agreement protocol made between the parties is a legal document that regulates the division of property. This protocol must be approved by the court.
Implementation Steps of Property Division
4.1. Determination of Assets
Listing of Properties and Items: The parties must list in detail the properties and items to be shared during the divorce. This list must include immovables (house, land, etc.), movable items (furniture, vehicles, etc.) and other valuable assets.
Valuation: The values of the assets must be determined and the values to be used for division must be clarified. The valuation can be done by an independent expert.
4.2. Regulation of Property Division
Determination of Sharing Rates: The property division to be made between the parties is carried out by determining the rates according to the legal property regime. These rates ensure that the assets are shared equally or in an agreed manner.
Agreement Protocol: An agreement protocol must be prepared that includes the details regarding the division of property. This protocol should include which property will be given to whom, the valuation results and the sharing ratios.
4.3. Submission of the Protocol to the Court
Application and Approval: The prepared protocol is submitted to the court. The court reviews the protocol and evaluates whether the parties’ agreement is legal. If the agreement is approved, the property sharing officially becomes valid.
Points to Consider in Property Sharing
5.1. Fair Sharing
Equality and Justice: It is important to adopt a fair and equal approach in property sharing. It is necessary to protect the rights of the parties and ensure that both parties are satisfied with the agreement.
5.2. Future Situations
Possible Changes: It may be useful to leave a margin of flexibility for situations that may arise in the future (for example, changes in children’s education expenses).
5.3. Legal Consultancy
Professional Assistance: Receiving legal advice in property sharing is important to protect the rights of the parties and to ensure that the agreement is legal. Getting help from a lawyer ensures that the process goes smoothly.
In the consensual divorce process, property sharing is one of the cornerstones of the agreement between the parties. Following the legal framework and implementation steps correctly ensures that the process is completed fairly and smoothly. In order to minimize disagreements on property sharing, the parties should prepare a detailed protocol and manage the process in the best way by obtaining legal advice.
