CONSIDERATION OF CONSENSUAL DIVORCE WHICH IS A SHAPE BREAKDOWN OF MARRIAGE WITHIN THE SCOPE OF TURKISH LAW

Consensual divorce is a procedure of terminating the conjugal union as a consequence of irremediable breakdown of the marriage, a general divorce reason. In the event of the spouses’ intentions as to divorce being in alignment with each other, such intentions are favored with the fulfillment of the other conditions declared in the related provision in the law. The parties notify that they are on consensus with regard to the divorce to end their marriage which lasted at least a year by applying to court together or the acceptance of one’s application by the other. The hearing of the two is directly held by the judge. Furthermore, if the parties are in agreement with regard to the personal and financial consequences of the divorce and this subsidiary agreement of consequences is approved by the judge, it is possible for them to end their marriage by means of this procedure. In this article, a survey about the conditions aforementioned and the verification of these conditions will be made after the emergence of consensual divorce and whether its existence is necessary are discussed