Lawyer Hatice KAVUT & Lawyer Kader BAYLAN
Contra factum non datur argumentum.
"No argument has value against the truth."
DIVORCE
CASES
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WHAT IS A DIVORCE CASE?
Marriage is a contract regulated in the Turkish Civil Code. Every In some cases, such as a contract, it ends with our will and in other cases without our will. However, unlike other contracts, a "court decision" is generally required to terminate this contract. Sides, If they are able to reach an agreement on any consequences that may arise from the termination of the marital union, they can choose a "consensual divorce" or a "contested divorce". As explained, divorce cases; These are cases that end the marriage union.
CONSTITUTED DIVORCE CASE
Paragraph 5 of Article 184 of the Turkish Civil Code has the mandatory provision "Agreements regarding the side consequences of divorce shall not be valid unless approved by the judge." It means; It is necessary to be extremely careful when preparing the consensual divorce protocol, because there is a possibility that a protocol prepared without care may not be approved by the judge. In addition, it is highly likely that a consensual divorce petition prepared without taking into account the risks that may arise in the future will cause huge losses of rights for the parties in the future.
ADVICE FROM CONSENTED DIVORCE LAWYERS
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Trust is good; But remember, it is always better to "be cautious" in legal matters. For example, if you do not want the other party to file a "suit for liquidation of property regime" against you even though 9 YEARS have passed since your divorce, the most important thing you should pay attention to is that you carry out the legal process you are in, that is, your divorce case, correctly.
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There are volumes of books, thousands of articles and hundreds of high court decisions written about divorce law. This area of law is also an area that requires close follow-up of current Supreme Court decisions. Be sure to get professional legal support.