Consensual di̇vorce

Consensual divorce is a method in which the parties agree on the termination of the marriage union and divorce without a court decision. This thesis aims to examine the legal processes of consensual divorce and its effects in practice. The principles governing the divorce law and the grounds for divorce regulated in the Turkish Civil Code constitute an important basis for understanding the uncontested divorce process. Therefore, firstly, the concept of divorce and its legal framework will be examined in general and the grounds for divorce under Turkish law will be discussed in detail. The history and development of consensual divorce can help us understand the emergence of this method and how it has evolved over time. In the second part, the evolution of consensual divorce in Turkish law will be evaluated in comparison with similar practices in other jurisdictions, and it will be clarified how uncontested divorce has changed and developed from past to present. The divorce protocol, which is one of the essential elements of consensual divorce, is the most important document of this method. The legal nature, content and binding nature of the protocol will be discussed in the third part, and how this document should be organized and what issues it should cover will be discussed in the third part. The effects of consensual divorce in practice, the problems encountered in this process and the legal difficulties arising in practice will be analyzed. In the last part of the thesis, the consequences of consensual divorce and especially the consequences of the conversion of consensual divorce into contested divorce as stated in the doctrine and jurisprudence will be discussed. In this part, the practical application of consensual divorce and court decisions will be analyzed.