Enforcement & bankruptcy · Legal information

When a Divorce Protocol Is Put into Enforcement, Which Provision Is Read?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

When a divorce protocol is put into enforcement, the whole of the protocol does not become a single debt. What is read is the sentence the request for proceedings shows. Monthly maintenance, one-off damages, delivery of property and a sentence that there is no request are not the same collection. The procedure of enforcement of maintenance is not rewritten in this text. A draft the court has not approved is not the operative sentence.

The request not showing the sentence does not make every paragraph of the protocol a claim. The sentence that is shown is the subject on the cover. A paragraph that is not shown does not stand on the cover.

The sentence the request for proceedings shows

The enforcement order should show which sentence of the protocol it rests on. If it does not show it, the whole text is not counted as a single claim. If the sentence is a particular order of payment or of delivery, the subject on the cover is that order. If the sentence is custody, personal contact or a bare explanation, it is not collection of money. The explanation can tell the parties' intention. An intention that is told is not turned into an amount if an amount is not written.

There can be more than one payment sentence in one protocol. The proceedings should write which of them they chose. A sentence that is not chosen does not enter collection of itself beside the one that was chosen. A second proceedings should show the second sentence separately. A second file that does not show it is not read as a copy of the first sentence. Whether it is a copy is seen by placing side by side the paragraphs the two requests rest on.

The enforcement office does not choose which sentence is more suitable. The choice is in the paragraph the request for proceedings shows. If the request wrote more than one paragraph number, the ones that were written are read side by side. If the number is not in the protocol, a paragraph that does not exist is not completed. If there is no amount in the sentence, the amount is not completed from another paragraph of the protocol. The figure in another paragraph is the figure of its own sentence. The figure is not carried to the explanation beside it. A figure that is not carried does not become a single total on the cover either.

The maintenance sentence is not the whole of the protocol

Poverty maintenance or child maintenance may have been written in the protocol. That sentence being put into enforcement does not carry the whole of the maintenance-enforcement guide into this file. Deduction and the accumulated month are in the article on enforcement of a maintenance debt. This text does not open those headings.

The maintenance sentence does not make the damages sentence a monthly debt either. What is monthly is the line written as monthly. A line of a single amount is not renamed as monthly. A line that is not renamed is not pasted onto the cover arrangement of the maintenance file. A presentation that is pasted does not erase the sentence's own name.

If the maintenance sentence is written as limited to a particular period, the limit is in the sentence's own text. If the text did not put a limit, the limit is not added from another paragraph. A limit that is not added does not of itself build an end date on the cover either. An end that is not built is not an announcement that collection is endless. If the announcement is not in the sentence, it is left as not being there.

A sentence of absence does not produce a debt

The parties' sentence that there is no request for maintenance is not an order to collect maintenance. A sentence of absence does not produce a monthly debt. If there are damages in another sentence, the damages do not turn the sentence of absence into maintenance. Damages that do not turn stay under their own name. The name that stays is not treated as having crossed out the sentence of absence. The two sentences stand side by side.

The absence may have been written only for maintenance. Division of property or goods are not inside that absence. A line that is not inside it is not read from the sentence of absence. If the parties built a general sentence that we request nothing from each other, the general sentence does not erase the payment sentences one by one. Erasure is read from that writing if which sentence lifts which sentence is written in the protocol. If there is no writing, the general sentence does not have a particular payment sentence ignored.

A sentence that regulates personal contact with the child is not a sentence of absence either. A visiting arrangement is not put into enforcement as a money debt. If an amount that was put in is not in the visiting sentence, that amount is not derived from the visiting.

Damages, property and custody stand apart

Damages of a single amount are not monthly maintenance. If the damages sentence writes an amount to be paid once, collection is in that writing. The amount is not divided into monthly slices in this text. An amount that is not divided does not become the name of a maintenance deduction.

A payment or transfer sentence about division of property is not a copy of the maintenance sentence. If the transfer tells an act such as a land-registry or vehicle record, the act is not read as collection of money. If an amount is also written beside the act, the amount is the transfer sentence's own amount. The amount is not added to the maintenance months. A line written for jewellery or goods is not read as a monthly item. The distinction of whether it is in kind or in money is in that line's own sentence. This text does not paste that distinction onto the maintenance guide.

The custody arrangement is not a collection cover. Child maintenance is not derived from the custody sentence. If child maintenance is written in a separate sentence, that sentence is read. If it is not written, the custody paragraph does not build a monthly debt. Attachment that goes to the spouse's property is also separate from the protocol sentence. That distinction is in the article on attachment of the spouse's property.

An unapproved draft is not a judgment

The protocol the court decision approved can be the subject of enforcement. A draft that was signed and not tied to a decision does not take the place of that approval. A page that is not an annex of the decision is not chosen as the operative sentence. Handwriting at the edge of the draft is not put in the place of the approved text. If the handwriting stands in the file, its standing is kept. The writing that is kept is not the clause of the judgment.

If the text in the short decision and the text in the reasoned decision contradict each other, the text put into enforcement is read from the judgment in the file. The contradiction is not completed in this article in favour of one side. In a contradiction that is not completed, the request should show which text it rests on. If it does not show it, the two texts are not counted as a single sentence. Two texts that are not counted are not closed by being merged on the cover.

The route of a contract without a judgment is not opened in this text. If the name in the protocol is not the person in the document, the identity is in the article on enforcement opened against the wrong person. How the sentence will continue when the debtor dies is in the article on enforcement proceedings when the debtor dies. This text does not copy those two guides. Death does not turn the protocol sentence into another debt.

If the signature page of the protocol and the annexes contradict each other, the text put into enforcement is the copy tied to the decision. A page that was not annexed to the decision is not chosen as the operative sentence even if it is signed. If the amount on a page that is not chosen stands on the cover, its standing is compared with the sentence in the request. If the sentence does not carry that amount, the amount is not completed from the annex page. Another paper the parties made later does not of itself change the sentence of the approved protocol. If the change appears separately in the judgment in the file, it is read from that appearance. A change that does not appear is not built from the last line of the enforcement order either.

If the cover exceeds the amount in the sentence

If the amount on the cover exceeds the amount in the sentence, the part that exceeds is not read from the sentence. If the part that exceeds carries the name of interest, a fee or another name, that name stays on its own line. If it carries no name, a nameless difference is not closed as the amount of the sentence. A difference that does not close is not completed from another page of the protocol either.

If accumulated months are written, the accumulation is the subject of the maintenance article. This text does not calculate the accumulation. An accumulation that is not calculated is not added to the damages sentence. If the protocol wrote the payment slice by slice, the proceedings should show which slice they requested. Later slices that are not shown do not become a single debt that has fallen due because one slice was requested. If falling due is written separately in the sentence, that writing is read. If there is no writing, the list is not closed by being turned into a single number on the cover. A support sentence in the nature of an interim measure can say in its own text that it ended with the judgment becoming final. If it does not say so, the end is not added from another sentence. If there is no end that was added, the sentence does not of itself turn into the other type of monthly maintenance either.

If an accumulation that is not added stands as a single number on the cover, it is asked from which sentence the number was built. If the sentence is not shown, the whole of the protocol is not counted as a single claim.

If the custody and personal-contact sentences are written onto the money cover, the writing does not make those sentences collection. The hour of contact with the child is not read as a monthly debt. An hour that is not read does not add an amount beside the maintenance sentence. A sentence that says on whom the property will remain does not give birth to an amount either if there is no amount beside that sentence. If the amount stands in a separate sentence, that sentence is shown in its own proceedings. An amount that stands on the cover without being shown is not derived from the custody paragraph. An amount that is not derived does not turn delivery of property into a money debt either.

The framework is on the enforcement and bankruptcy law page. The example of the sentence is shown with that page of the protocol on an application through contact. While there is no page, a sentence is not chosen.

Conclusion

The sentence put into enforcement is read. The rest of the protocol does not become a single maintenance debt together with that sentence. An unapproved page is not chosen as the judgment. A sentence of absence does not produce a monthly debt. If the cover exceeds the amount in the sentence, the part that exceeds is not read from the sentence. The basis is the text of Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

Is every sentence of the protocol put into enforcement?

No. The enforcement order is read as limited to the sentence the request for proceedings shows. Custody, personal contact and a bare explanation are not collection of money. If the amount is not in the sentence, it is not completed from another paragraph.

Is the sentence that we do not request maintenance an order of collection?

It is not. A sentence of absence does not produce a monthly debt. Damages on another line do not turn this sentence into maintenance.

Is a signed but unapproved protocol counted as a judgment?

A draft the court has not approved is not the operative sentence of enforcement with a judgment. A page that is not an annex of the decision is not chosen as the sentence. The route of a contract without a judgment is not opened in this text.

Is a damages sentence monthly maintenance?

Damages of a single amount are not monthly maintenance. The procedure of deduction and of accumulated months for the maintenance item is in the article on enforcement of a maintenance debt. This text does not write that procedure.

What is read if the amount on the cover exceeds the protocol sentence?

The part that exceeds is not read from the sentence. The amount in the sentence is what is on the cover. If the sentence is not shown, the whole of the protocol is not counted as a single claim.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

A consultation

We can look at the matter with you. The path depends on the documents. This is not a promise about the result.

Call