Couples may decide to divorce for various reasons. Ending the marriage quickly and smoothly is important for both parties, and the way to do this is through an uncontested divorce. In this article, we will explain how to prepare and the content of an uncontested divorce agreement, along with frequently asked questions on the subject.
How to Prepare a Turkish Divorce Agreement?
Preparing a divorce agreement is crucial for a quick dissolution of marriage in Turkey. The divorce is dependent on the court's approval of the agreement prepared by the parties. Especially concerning financial consequences and the children's situation, the parties must reach an agreement, and these points should be included in the agreement. Due to the technical knowledge required for preparing an uncontested divorce agreement and the potential risks of incomplete or faulty agreements leading to hardship, seeking support from an expert divorce attorney is essential.
A properly prepared divorce agreement is submitted to the court along with the divorce petition. The judge will either approve the agreement or propose necessary changes for the parties' approval. For the divorce to be finalized, both the judge and the parties must accept the divorce agreement without any impairment of will.
Content of the Uncontested Divorce Agreement
The divorce agreement must contain provisions regarding financial and social arrangements. Financial arrangements include alimony, spousal support, interim alimony, financial and non-financial compensations, asset distribution, and litigation expenses. The social aspect of the agreement involves child custody, visitation arrangements (e.g., specific days and hours for the child to be with the father and other days with the mother), and the use of the surname after divorce (e.g., if the woman wishes to continue using her husband's surname after divorce).
Given the complexity of the content, a divorce agreement should be drafted with the precision of a formal contract, leaving no issues unresolved. Moreover, the provisions should be clear, specific, and legally appropriate. Ambiguous or non-compliant provisions will be rejected by the court, leading to unnecessary costs and time loss.
Frequently Asked Questions
The swift resolution of an uncontested divorce case relies heavily on a well-prepared agreement. Although it may seem simple, overlooking details may lead to prolonged processes and hardships. Additionally, many legal issues may arise during the enforcement of court decisions after the divorce. Therefore, to avoid loss of rights due to the divorce agreement, it is essential to handle the process carefully and seek legal support from a Turkish law firm to draft the agreement.