Consensual divorce is a type of divorce in which couples apply to the court by agreement to end their marriage. This type of divorce aims to end the relationship between couples more peacefully rather than through a hostile legal process. When we examine the consensual divorce case in detail, we attach importance to the following issues:
- Agreement: Couples must agree on basic issues to end their marriage. These topics often include:
- Child Custody and Alimony: If the couple has children, custody arrangements and child support needs of the children are determined. In a consensual divorce, couples must generally agree on the future of the children.
- Financial situation: Spouses must agree on financial matters such as assets, property, debts and joint accounts, if any.
- Precautionary Alimony: It is temporary alimony paid to one of the spouses during the divorce process. This is valid until the divorce process is completed.
- Petition Preparation: Couples prepare a petition for consensual divorce. This petition includes the fact that the couples want to end their marriage, request a consensual divorce, and the issues they agree on.
- Protocol: The consensual divorce protocol is a document that contains details of the financial and legal issues agreed upon by the couples. This document contains details such as child custody arrangements, property division, and child support amounts. The protocol to be submitted to the court serves as a written document of the agreement.
- Application to Court: Couples apply to the court with the petition and agreement protocol they have prepared. The court examines the submitted documents and verifies that the couple's agreement is legally acceptable.
- Court Review: The court may hold a hearing to confirm that the couples have actually agreed on the specified settlement issues and are not under any pressure. Couples attend this hearing and the court makes sure that the agreement was made with free will between the parties.
- Acceptance and Divorce Decision: When the court finds it appropriate for the couples to agree and end their marriage, it decides on a consensual divorce. This decision is a provision stating that the marriage has officially ended.
Filing for a consensual divorce can help couples make the legal process less stressful and lengthy. However, every situation is different and some issues may be difficult to agree on. Therefore, the professional guidance of an attorney is important in this type of litigation.
