Divorce cases may differ in terms of procedure. It is possible for individuals who want to file a divorce case to apply through negotiated or contentious divorce. In order to divorce on an agreement, the terms of the agreed divorce stipulated in the Turkish Civil Law numbered 4721 must be fulfilled. Persons who have fulfilled the agreed divorce terms stated in the relevant articles of this law can open an agreed divorce case.
What Are The Conditions For A Negotiated Divorce?
The agreed divorce terms stipulated in the Turkish Civil Law No. 4721 can be listed as follows;
- Having been married for at least 1 year
- To declare that the parties agree on all legal and moral consequences
- Spouses must participate in the case
In the contracted divorce cases, there is no obligation for the parties to be kept in court for any reason for divorce. It will be enough for them to stay married for 1 year and express that they want to divorce.
The Process of Contracted Divorce Cases
Spouses who want to divorce can file a lawsuit for divorce at the Family Court in their region of residence in the marriage union. If the spouses have resided in a different place for more than 6 months, the divorce case is opened from the court of the place where the defendant is located.
Divorce Protocol in Negotiated Cases
One of the documents required in contracted divorce cases is known as the divorce protocol.
The conditions listed below must also be met for the divorce protocol;
- Spouses must have a will to decide on divorce
- They must have an agreement on household items
- There must be an agreement on alimony
- If there is a joint child or children, both parties must agree on who to give custody.
Alimony in Negotiated Divorce Case
In order for the divorce case to be concluded in an agreed manner, the amount of alimony must be understood by the spouses. The spouse who does not request alimony must have information in the file that he / she does not request alimony.
There are various types and amounts of alimony in a contracted divorce. For example, poverty alimony is known as the alimony demanded by the party that will fall into poverty. Affiliate alimony is the type of alimony requested on behalf of the child. This alimony corresponds to the costs of the child. The amount of this alimony is determined by the child's age, health status, education, etc.
When Does Alimony Begin in Negotiated Divorce?
If a request is made for alimony in the protocol article, the alimony payment period starts as of the date of filing. The court will decide to pay alimony as of the filing date of the case, unless otherwise specified in the amount of alimony specified in the article.
How Much is the Negotiated Divorce Fee?
The contracted divorce fee is 2020 TL as of 45. The fees for the case are determined by the Union of Bar Associations. These fees are determined by taking into account the minimum wage tariffs.
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