Divorce Settlement Agreement in Turkish Law

DIVORCE SETTLEMENT AGREEMENT

A divorce settlement agreement is a document prepared by spouses to determine and settle the terms of their divorce when the decision to end the marriage is made. This agreement is submitted to the court during the divorce proceedings and becomes legally binding.

A divorce settlement agreement can address and decide on various aspects related to the termination of the marriage, and it includes a list of subjects such as:

– Spouses’ claims for financial and emotional compensation

– Post-divorce alimony for financial support

– Post-divorce child support

– Custody of the children after divorce

– Determination of the time spent with each parent by the children

– Division of assets after divorce

Spouses sign their agreement through their attorneys. The process of a divorce settlement offers a faster and more amicable way, allowing the parties, including any children involved, to reach a resolution without harm.

HOW TO PREPARE A DIVORCE SETTLEMENT AGREEMENT?

A divorce settlement agreement is a document that determines the mutually agreed-upon terms of the divorce. To prepare this document, the following steps should be followed:

1. Identifying the parties’ demands: The parties should determine the areas in which they will reach an agreement during the divorce process. These areas may include asset division, custody, alimony, financial compensation, and other related matters.

2. Discussion and negotiation: The parties should engage in discussion and negotiation regarding their demands and reach a consensus.

3. Putting the terms into writing: The terms of the agreement should be put into a written document.

4. Signing the document: The prepared document should be signed by the parties and come into effect.

5. Court approval: The divorce settlement agreement should be submitted for court approval. The court examines whether the document has been prepared freely and in accordance with the law, and then approves it.

6. Taking effect: After court approval, the divorce settlement agreement comes into effect.

When preparing a divorce settlement agreement, it is recommended that the parties seek advice from an attorney. An attorney can assist in preparing the agreement by ensuring the parties’ rights and legal status are properly considered.

HOW IS THE DIVORCE SETTLEMENT AGREEMENT REGULATED IN THE TURKISH CIVIL CODE

The divorce settlement agreement is regulated in Article 166/3 of the Turkish Civil Code (TCC). According to the law, a protocol can be prepared and accepted by the court based on the agreement reached between the parties.

The divorce settlement agreement encompasses the agreements made between the parties regarding the divorce provisions. These agreements may cover issues such as the parties’ property, alimony, custody and visitation of the children, and the consequences of the divorce. Additionally, the protocol specifies any rights or obligations between the parties after the divorce.

For the preparation of the protocol, the parties or their attorneys come together to discuss the matters related to the divorce. The agreements reached between the parties are then written and signed in the protocol. Subsequently, the protocol is submitted to the court and approved by the judge.

A divorce settlement agreement facilitates a faster and smoother completion of the divorce process. However, if the parties fail to reach an agreement or if the provisions of the protocol are inconsistent with the TCC, the divorce case continues, and the judge makes a decision.

WHAT HAPPENS IF ONE OF THE SPOUSES DOES NOT ACCEPT THE DIVORCE SETTLEMENT AGREEMENT?

A divorce settlement agreement is a document created through mutual agreement between the spouses. If one of the parties does not accept this agreement, the divorce process restarts, and a contested divorce case begins. Throughout the court process, the judge makes a decision considering the parties’ interests, and the divorce is carried out accordingly. However, the court process is naturally longer and more costly, so it is advisable for the parties to reach an agreement as much as possible to complete the divorce process.

THE IMPORTANCE OF AN ATTORNEY IN THE DIVORCE SETTLEMENT AGREEMENT PROCESS

Attorneys play a significant role in the divorce settlement agreement process. Their aim is to facilitate the separation of the couple while safeguarding their common interests. However, this process is not easy. In the divorce settlement process, attorneys represent both sides, ensuring the protection of their rights and interests, and assisting in the fair progression of the process.

With the assistance of attorneys, all aspects of the couple’s assets and debts are taken into account, and a fair arrangement is made regarding custody of the children, alimony, compensation, and all other related matters. Additionally, during the divorce settlement process, attorneys ensure that all discussions and agreements between their clients and the opposing party’s attorney are conducted correctly and fairly.

In the divorce settlement process, attorneys provide legal advice to their clients, helping them make the most informed decisions. They also inform the parties about their rights, regardless of gender, and help them protect these rights.

In conclusion, attorneys play a crucial role in the divorce settlement process, ensuring the protection of the parties’ rights and a fair separation. Therefore, it can be said that working with an attorney in the divorce settlement process will help the parties achieve a faster and fairer divorce.

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