Abstract:

The consensual divorce, which is one of the reasons for general divorce, leads to the termination of the unity of marriage in accordance with the agreement between the spouses and creates other legal consequences. Although some of the consequences of divorce (women’s surname, loss of inheritance rights etc.) are the same in all reasons for divorce, there are differences in consensual divorce, especially financial results. Financial consequences of divorce are spousal alimony, child alimony, compensation and compensation for non-pecuniary losses. In consensual divorce, the spouses are obliged to conclude these elements (except for money for child support) in the divorce agreement (protocol). If it is stated in the agreement that these are not demanded, it is not possible for them to be claimed even within the one-year time period provided for in article 178 of the Turkish Civil Code. If spouses just not mention any claim in the agreement covering these issues and the judge misses the issue during the proceedings, only then art. 178 of the TCC may be applied. After becoming final and executory of contractual divorce (and after the expiry of art. 178 TCC), it is not possible for the parties to file a claim under family law. On the other hand, if an act that would disrupt the marriage union during the divorce case is not known through the divorce proceedings, and have been learned after becoming final and executory of the decision (and after the deadline in Article 178 TCC), author of the act should compensate the damage under compensation law.

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