📩 08/11/2021 12:42
When a family union is to be established, the parties have the right to take this decision in line with their own will. While the family is the most basic building block of the society, the state holds itself responsible for protecting the family institution. Therefore, it is seen that the family is taken under protection for the social order.
When the spouses establish a family union, they may want to leave if they have problems in agreement due to various reasons. In these cases, where the family unity is shaken to the foundation, the spouses' decision to divorce is not enough for them to realize this officially.
The state does not find the will of the spouses sufficient on its own, depending on the protection of the family. Therefore, it makes it compulsory to apply to the Family Courts. Depending on the course of the case, it is possible for the parties who decided to divorce to benefit from the method of agreement or conflict.
The process is shorter and easier in disputed cases. In contentious cases, litigation processes are shaped depending on the needs of the case and the size of the problem between the spouses. Due to contentious lawsuits, material and moral damages can also be claimed.
Contractual Divorce Protocol
In uncontested divorce cases, the spouses take a joint decision in minimum commons before the lawsuit. Alimony, property division, custody and similar issues cease to be a problem between spouses and turn into a problem with a solution. In this case, it is necessary to record these decisions in writing before the lawsuit.
One of the spouses can initiate the divorce process by filing a lawsuit in the Family Court. If the other spouse accepts this case, the process begins. During the application to the Family Court for a divorce case, a petition must be prepared. In addition to this petition, the divorce protocol to be prepared between the spouses is also among the things to be submitted to the court.
This is important in terms of preventing the loss of rights when the spouses receive legal support while preparing the divorce protocol. By means of lawyers, it is possible to solve the problems that may be encountered in legal terms, as well as the protection of personal rights.
For these reasons, it is a reliable method to have legal representatives in all kinds of lawsuits in the face of legal problems. Istanbul Divorce lawyer He is a lawyer with experience in his field. The presence of lawyers is important for the course of cases. When the divorce case will proceed as agreed, both parties must be present at the court when the court date and time is notified to the parties.
The judge will want to listen to the written statements of the spouses orally. If the judge is convinced that the spouses have taken these decisions with their free will, it is possible for the divorce to be finalized in a short time. It is important to foresee the problems that may be encountered in the future in terms of disputed cases.
Contractual Divorce Conditions
It is a more reliable method to overcome this process with legal representatives, as problems may continue between spouses in some cases after the divorce has taken place. In this way, all details are handled from a legal point of view from the very beginning. When it comes to uncontested divorce conditions, the spouses should have resolved many issues among themselves.
Divorce Lawyer It is important to be represented by the company in terms of protecting individual rights. In order for uncontested divorce cases to be filed, it is required that the spouses have been married for at least one year. While the other spouse must accept the lawsuit filed by one spouse, the spouses can also make this application together.
Spouses have to declare their divorce wishes and their will on this issue in writing, as well as before the judge. While the protocol to be prepared in the process of this agreement must be approved by the court judge, a consensual divorce can only be realized for the spouses when these conditions are met.
During the trial, the judge is the party that can listen to the parties together or separately. Even if the spouses have legal representatives, the judge wants to be convinced that they took this decision of their own will.