What are the conditions for an amicable divorce case?

What are the Requirements for an Agreed Divorce Case? – İzmir Lawyer

Agreed divorce cases are a type of lawsuit where the parties wishing to divorce reach an agreement on important issues such as alimony, property division, child custody, and compensation, documenting these agreements in a protocol and submitting it to the court. The protocol must be submitted to the court along with the petition prepared for an agreed divorce case. 

 There are certain basic conditions that must be met in order to file for an amicable divorce. If all of these conditions are met, an amicable divorce case can be filed. Civil code Article 166, paragraph 3, stipulates that: "If the marriage has lasted at least one year, the marital union shall be deemed fundamentally shaken if the spouses apply together or if one spouse accepts the other's claim. In this case, in order for a divorce to be granted, the judge must personally hear the parties, be convinced that their intentions have been freely expressed, and find the arrangement agreed upon by the parties regarding the financial consequences of the divorce and the situation of the children to be appropriate. The judge may make any necessary changes to this agreement, taking into account the interests of the parties and the children. If these changes are also accepted by the parties, a divorce shall be granted. In this case, the provision that the parties' admissions do not bind the judge shall not apply." In this context, if we examine the conditions: 

1. The marriage must have lasted at least one year. 

2. The parties have applied to the court for an amicable divorce. 

3. The parties must have declared their intention to divorce before the court. 

  If the marital union has been fundamentally shaken to such an extent that it is no longer expected of the spouses to continue their common life, either spouse may file for divorce. In the cases mentioned in the paragraph above, if the plaintiff's fault is more severe, the defendant has the right to object to the lawsuit. However, if this objection constitutes an abuse of right and there is no longer any benefit worth protecting for the defendant and the children in the continuation of the marital union, a divorce may be granted. If the marriage has lasted at least one year, the marital union is considered fundamentally shaken if the spouses apply together or if one spouse accepts the other's lawsuit. In this case, for a divorce to be granted, the judge must personally hear the parties, be convinced that their intentions have been freely expressed, and find the arrangement agreed upon by the parties regarding the financial consequences of the divorce and the situation of the children to be appropriate. The judge may make any necessary changes to this agreement, taking into account the interests of the parties and the children. If these changes are also accepted by the parties, a divorce is granted. In this case, the provision that the parties' admissions do not bind the judge does not apply. If a divorce case filed on any of the grounds for divorce is dismissed, and three years have passed since the date the decision became final, and the marital life has not been re-established for any reason whatsoever, the marriage shall be deemed fundamentally broken, and a divorce shall be granted upon the request of one of the spouses. 

What should be written in an amicable divorce agreement? 

In summary, an amicable divorce agreement includes matters such as child custody, child support, alimony, visiting hours with the child, division of immovable property acquired during the marriage, division of household goods, and division of all movable property, including vehicles. Furthermore, provided it does not violate the law, the parties may add other necessary specific details to the agreement, such as who will pay the rent, or who will pay the mortgage if a property was purchased with a loan. These details vary according to the parties' requests and needs. Therefore, to avoid loss of rights, each marriage should be dissolved with its own unique agreement. 

Are the parties required to attend an amicable divorce hearing? 

The biggest difference between an amicable divorce and a contested divorce is that in an amicable divorce, the parties declare their intention to divorce in court. Unlike a contested divorce, even if the parties are represented by lawyers, they must attend the hearing in person; otherwise, the divorce will not be granted. 

How many hearings does an amicable divorce case take to conclude? 

If there are no issues with the prepared protocol and the parties are present at the hearing, the case is concluded in a single session. 

Is it mandatory to hire a lawyer in an amicable divorce case? 

While parties are not obligated to hire a lawyer in an amicable divorce case, the matters mentioned above involve technical legal knowledge and procedures. Furthermore, to ensure that the financial and other consequences of the divorce agreement do not cause any future problems for the parties, it is necessary to consult a lawyer specializing in divorce. In particular, amicable divorce agreements and petitions downloaded as ready-made documents from the internet are often inaccurate, leading to numerous problems. However, in cases handled by a lawyer, the lawyer must adhere to their duty of care and bears legal and criminal responsibility. Therefore, conducting such sensitive legal proceedings with the assistance of an amicable divorce lawyer is the smoothest option for the parties. 

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