Contents of Divorce by Mutual Agreement
Judge's Approval of the Divorce by Mutual Agreement Decision
For a divorce by mutual agreement to occur, the agreement made by the parties must meet certain conditions. offers professional support throughout divorce proceedings. In this type of divorce, there are three essential elements:
- Financial Matters: After deciding to divorce by mutual agreement, the spouses must discuss everything in their agreement. The first of these is financial matters. They must state whether they demand alimony or compensation (material/moral) from each other. Material assets acquired before marriage belong to their owner, but all material assets acquired after marriage are common.
- Child Custody: Undoubtedly, children are the most affected party in divorces. Therefore, children are the most important issue to consider when deciding on divorce. The judge must make the most accurate decision on who to grant custody to after an investigation.
- Voluntary Content: The parties must agree on financial matters and child custody. The spouses must present their decisions regarding the regulation of their assets to the judge and have them reviewed. After the divorce is finalized, the spouses cannot make demands from each other.
If One of the Spouses Terminates the Agreement
If the parties' agreement is not approved by the judge, a divorce by mutual agreement cannot occur. If the judge finds points in the agreement presented to them that they do not deem suitable, they can make changes. Once all details are examined and no contradictory situation is found, the divorce by mutual agreement can be approved. According to the Turkish Code of Obligations, if one of the spouses wishes to withdraw from the agreement, they cannot unilaterally terminate the contract. This is because there is no provision in the law regarding unilateral withdrawal from a contract. However, until the decision becomes final, one of the spouses can retract or amend the statements made in the agreement. If one of the parties did not make their statement regarding the terms of the agreement within the framework of free will, they can retract their statement. In this special case, since free will cannot be mentioned, the spouse is given the opportunity to withdraw from the contract, meaning to completely nullify the contract.
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