Article: Cheap divorce


Author: Berk Çektir  Emailberk.cektir@cektirlaw.com  Full Profile here

2 January 2016

Like many other things in the 21st century; the human, in all its forms, has become easy to find, attain, consume and throw away.

It is a fact that the lifestyle of the 21st century introduced this trend, which has been welcomed by us, the people of 21st century. Many transactions are realized in less than a second, and the Internet makes it easy to communicate and to shop around. Marriage has also become something that is easier to attain than in the past and to terminate it if it does not work.

It is certainly a fact that divorce is a solution to marital problems. When there is no other way to resolve the issues, it is a relief to the couple and any children that might be in the picture.

The following is the least romantic statement which can be made about marriage, however, it does not change the fact that a marriage is an agreement. Legally speaking, it is an agreement, and it is treated as such. Therefore, when this agreement is terminated, the parties need to bring it to an end in line with the procedure governed by the relevant law. In some countries it is easy to terminate this agreement, while in others it is more difficult.

Turkey is a country where uncontested divorce is cheap. It is considered cheap as the court fees are cheaper in Turkey than in many other countries, relatively speaking. Second, the parties can file for divorce on their own. Lawyer's fees for divorce are also cheaper compared to some other countries, except maybe some US states where lawyers advertise their legal services with slogans like, “Cheap divorce -- $59.99!”

If a marriage is only an agreement, then why it is so complicated to terminate this agreement? What is difficult to understand is that an agreement can usually be terminated with the parties' mutual consent, without the involvement of the court. The secret is that the justice system sees the divorcing man as a threat and wants to make sure that the termination of the marriage agreement takes place in a way that protects the woman and any children from the man. Vice versa, in some cases, where the female party is blamed for the breakdown of the marriage, then the children and man are seen as the parties in need of protection.

How does divorce take place in Turkey? The article does not necessarily make recommendations but just tries to show how divorce takes place under Turkish law and how divorce, separation and other related matters in Turkey are handled in practice.

Divorce cases go through family courts in Turkey. There are basically two types of divorce in Turkey, and divorce proceedings can be sought in two different ways -- either contested or uncontested. The proceedings have different aspects in respect to these two different types of divorce lawsuit.

If both spouses are in favor of getting divorced and there is a consensus between them on the terms and conditions of the divorce protocol, then this is seen as an uncontested divorce. A divorce protocol usually includes but is not limited to the following issues: guardianship of the children, separation of assets, pecuniary and non-pecuniary damages, child maintenance and alimony matters. This kind of divorce requires the agreement of both spouses and is classified as uncontested divorce or divorce by settlement. I will look at “uncontested divorce” in another article.

Disclaimer: This article was accurate at the time of publication (25th January 2016). Before relying on its contents, consult a legal advisor for any relevant updates and applicability to your interests.







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