A negotiated divorce case is a type of case in which the marital union is terminated by agreement, without the parties putting forward any contention. In our article, the critical points related to the negotiated divorce case are mentioned.
A)General
If the marriage has lasted at least a year, if the spouses apply together or one spouse accepts the other’s case, the marriage union will be shaken on its basis. In this case, in order to make a divorce decision, the judge must personally listen to the parties and believe that their wills are freely disclosed and find the appropriate arrangement to be agreed by the parties regarding the financial consequences of the divorce and the situation of the children. The judge, taking into account the interests of the parties and children, may make any changes to this agreement that he deems necessary. In case of acceptance of these changes by the parties, divorce is ruled. In this case, the provision that the confessions of the parties will not bind the judge is not applied.
B) The Terms of the Negotiated Divorce Case
1- The marriage must have lasted at least one year
According to paragraph MK 166/3, spouses can benefit from this form of divorce, provided that the marriage has continued for at least one year. The date of marriage is taken as the basis for determining this period. In addition, it is not necessary that the parties have actually lived together for a year.
It is possible for spouses to apply together or for one spouse to accept the other’s case only if the party is personally heard by the judge at the hearing and the divorce will is determined and recorded in the hearing record. Since the actual divorce wills will be determined by hearing them personally at the hearing, whether the one-year period has been completed or not should be calculated as of the date the case was opened.
2- Filing a Lawsuit Together or One Spouse Accepting the Other’s Lawsuit
Both spouses may state and sign their divorce requests in the same petition and repeat their signatures and requests at the hearing. The signatories and claimants must repeat their divorce requests together and mutually at the same hearing. This procedure is a very important condition of a negotiated divorce. In order to prevent one of the spouses from making a statement with threats or any pressure, the spouses must declare their will before the judge, as if they were preparing a contract text and signing it at the same hearing.
In the event that the spouses file a lawsuit together and the other withdraws his will to divorce at any stage of the case, the divorce case is continued in accordance with the provisions of MK 166/1. As such, a divorce case filed under MK 166/1 may turn into a negotiated divorce case according to MK 166/3 if the parties present a contract at any stage of the proceedings and the judge finds the contract appropriate.
3- Acceptance of Negotiated Divorce Case Custody and Financial Arrangements by the Judge
The court, which finds the parties’ wills in accordance with MK 184, accepts the provision of the custody agreement according to the reports of experts, if the parties have joint children, or gives the parties time to amend it. If it does not need to be changed, it states in the decision that it approves the relevant provision of the contract. The contracts of the parties are not binding on the court regarding the custody and alimony of children and, if any, child property. The court may interfere with the contract. The court grants the necessary time to the parties to make the necessary change, and if the change stipulated by the court is not accepted by the parties, the divorce case spontaneously turns into a contentious divorce case to be resolved in accordance with the provisions of MK 166/1.
When the case turns into a contentious divorce case, the court gives the parties time to report their evidence.
C) Evaluation and Conclusion
The marriage must have lasted at least a year
The parties must personally rest in court. There is no divorce only by proxy, the parties must have their own free will in person
The parties must personally sign the contract and the hearing record
If one of the parties is under guardianship, the guardian will not rest, there will be no divorce proceedings under the agreement, because it is assumed that the party under guardianship will not freely disclose his will
If deaf and dumb people are not under guardianship, a divorce case is accepted if they freely disclose their will accompanied by an interpreter
Agreement must be reached on all issues
The contract signed by the parties by the court must be found appropriate and pass to the decision.
Defect research is not carried out in the negotiated divorce case and no evaluation is made about the defect in the decision
The court must necessarily make a divorce decision if there are conditions in the divorce case. Can’t make a separation decision
The divorce arranged and presented by the parties in an agreed divorce case cannot be decided out of contract
Liquidation of the goods regime is not covered by the agreement
The court may make new arrangements regarding custody
If the Pharisees of the divorce do not have the approval of the judge, there will be no consequences, the decision must carry the eda provision
After the agreed divorce case, there are no rights and receivables left
In an agreed divorce case, a waiver from the plaintiff’s point of view is possible, but a waiver from the defendant’s point of view is not possible.
In a negotiated divorce case, it is not necessary for the parties to submit the divorce agreement to the court. Before the court, it is sufficient for the parties to submit their statements to the court on the issues they have agreed and sign them before the court.
