Spouses' Agreement in Divorces by Mutual Consent
Legal Nature of the Agreement
For the request for divorce by mutual consent to be fulfilled by the spouses applying to the court, the consent of both parties is required. Furthermore, if there is a child, the child's situation must be clearly determined and presented to the judge for approval. The child is the person most affected by the divorce, and their interests must be considered. If the spouses are mutually seeking financial or non-pecuniary compensation and alimony, they must primarily reach an agreement among themselves regarding these demands. In cases where one of the parties is in prison, divorce by mutual consent cannot occur because they cannot appear in court to be heard by the judge. You can finalize your divorce case without losing rights under the conditions of divorce by mutual consent. It is not possible to speak of divorce by mutual consent unless a common agreement is reached regarding the custody of the child.
Circumstances Where Parties' Free Will Aligns
If one or both spouses withdraw from the agreement conditions, it nullifies the divorce by mutual consent until a new agreement is reached. In the case of divorce by mutual consent, both parties can submit their requests to the judge in writing or state them verbally. Verbal declarations must be recorded during the court proceedings. Written declarations are more suitable as they are healthier for the judge to understand the points and enable them to perform their duty better. Furthermore, making a written declaration ensures that the spouses think more carefully, and if they are in a hurry regarding the divorce, it allows them to reconsider their decision. When the parties clearly decide on divorce by mutual consent, the judge is obligated to conduct a detailed review. This review is possible by listening to both parties in detail. However, if one of the parties makes this decision under pressure or threat, it indicates that the person's free will cannot be spoken of. Moreover, it is not even conceivable for a spouse with a mental illness to apply to the court for divorce by mutual consent. This is because the free will of someone whose mental faculties are not sound cannot be invoked.
