Anlaşmalı Boşanma ve Mal Paylaşımı: Hukuki Bir İnceleme

Uncontested divorce is a legal procedure that allows married couples to carry out the divorce process through mutual reconciliation. If the parties reach an agreement on the conditions of divorce, property division, alimony, custody and other issues, the process is completed faster and less costly. An uncontested divorce is less distressing than a contested divorce and helps the parties to experience less stress. In this process, couples can also decide how to divide the assets they acquired during the marriage union and submit them to the court. The issues agreed upon by the parties are examined by the court and evaluated in terms of legal compliance and gain legal validity if approved. According to the Turkish Civil Code, the parties must have been married for at least one year for an uncontested divorce. When this condition is met, couples can apply to the court by preparing a joint divorce protocol.

The uncontested divorce process starts with the parties agreeing on divorce and division of property in the presence of a lawyer or legal advisor. At this stage, in addition to the division of property, issues such as custody of children, alimony and other financial obligations are also discussed. The parties are required to prepare a joint divorce protocol. This protocol should include in detail how the movable and immovable properties acquired by the parties during the marriage will be divided, how debts will be paid, who will have custody of the children and the amount of alimony. This protocol signed by the parties is submitted to the competent family court and the court invites the parties to a hearing and evaluates the content of the agreement. The court examines whether the agreement is fair to the parties and whether the rights of the children are protected, especially in the areas of custody and maintenance. If the court approves the protocol, the divorce decision is finalised and the legal processes of the parties are completed.

One of the most important advantages of uncontested divorce is that the parties can manage the process with their own will. While in contentious divorce cases, the parties are exposed to protracted court processes, in uncontested divorce, the parties can speed up the process by determining a direct solution. Uncontested divorce also protects the financial situation of the couples and prevents unnecessary court expenses. In addition, since there is no ongoing legal process between the parties, psychological and emotional wear and tear is minimised. Especially for couples with children, the uncontested divorce process allows the children to continue their relationship between their parents in a healthier way. The compromise of the couples on the custody of their children and alimony is generally welcomed by the court and a faster decision is made by protecting the interests of the children. Uncontested divorce is finalised in a much shorter time compared to contentious cases and the parties can adapt to their new lives more quickly.

The legal validity of an uncontested divorce is ensured when the court finalises the decision. The court examines the protocol prepared by the parties and evaluates whether its content complies with the law. Especially issues such as the division of property and the rights of children are meticulously handled. If the protocol contains unlawful or unfair regulations against one of the parties, the court may request amendments to the protocol or reject the uncontested divorce. For this reason, it is important to get the support of an expert lawyer while preparing the uncontested divorce protocol. Lawyers create the necessary legal framework to ensure that the parties do not lose their rights and ensure that the process proceeds smoothly. As a result, uncontested divorce is a fast, economical and practical method that allows the parties to manage the divorce and property division process with their free will. If the parties act in harmony with each other, it is possible to complete the process smoothly. While this process offers legal guarantees to the parties, it also prevents unnecessary conflicts and protracted litigations.