Disputed protocol in Turkish Law

The institution of Consensual Divorce has been regulated as one of the specific situations of the fact that the conjugal union is shaken off its foundation, which takes place as the reason of a general divorce in our law. According to the regulation in TCC i. 166/3, the judge determines the divorce on condition that the marriage has lasted for at least a year if the couple applies to the court in order to get divorced or if a spouse accepts the divorce case that the other spouse sues. And so, there is a presumption that union of marriage was shaken of its foundation among parties. This case leads to the no continuation of their common life. Therefore, judge also will not collect evidence to reach a conclusion as union of marriage was shaken of its foundation among parties. The declaration of will, by agreement of parties before the judge creates the reason of the divorcement. But law provided some conditions at this point. The judge should be convinced about the divorce request of parties, without any pressure. In addition to these, the financial results of divorce and the arrangement about guardianship that was agreed by the parties should be suitable for the judge. This arrangement is not required to make in writing. It is possible to record the declaration of intention during the trial. This agreement between parties has an influence on the judgment, which is the way of invitation to execution, and it should include in reasoned decision. Using his rights to intervene, the judge will check in terms of the agreement between parties, proviens of law, public safety, personal rights, and immortality. Besides, in this editing, the judge must guide parties by explaining them to revise what mutual children's benefits require. Although parties negotiate again on this subject, the judge must make alterations in person by using his power of interventions if parties fail to agree. Yet, acceptance of these alterations by parties is a condition. Key Words: Consensual Divorce, Presumption, Arrangement, Power of İnterventions