Abstract:

Consensual divorce is a judicial activity that allows spouses to divorce more quickly and easily to those who cannot continue their union of marriage. By the judge’s approval of the agreement between the spouses which is certain content and quality, the desired legal conclusion can be reached about the issues decided in the divorce and agreement. The divorce agreement between the spouses may comprise provisions that include the transfer of ownership of one of the spouses' property to the other spouse or third party or the establishment of limited real rights on the property. In this case, whether or not the real right to be entitled and the time to be entitled differs according to how the agreement was approved by the judge. The way the agreement provisions are included in the content of the divorce provision directly affects the later stages of the legal process. Most of the time, the entitling of the real right requires a second lawsuit to be filed. The purpose of this study is to determine the relationship between the divorceagreement and the divorce decision and the legal consequences of not fulfilling the obligations related to real rights in the divorce agreement and to suggest legal solutions by pointing out some flaws in the judicial practice on the subject.

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