A marriage contract is a legal document made between couples who wish to establish a marriage or those already married, which includes property arrangements. This contract allows couples to determine their financial rights and obligations during or after the marriage, helping protect their financial rights. So, what is a marriage contract, how is it made, and why is it important? Here's everything you need to know about marriage contracts:
What is a Marriage Contract?
A marriage contract is an agreement made by couples before or during marriage to regulate their property relations. This contract determines how property will be divided during the marriage or in the event of a divorce. According to the Turkish Civil Code, married couples are automatically subject to the legal property regime called “acquisitive property participation regime.” However, couples can choose a different property regime by creating a marriage contract instead of accepting this legal regime.
With a marriage contract, couples can opt for different property regimes, such as property separation, shared property separation, or community property, outside the legal regime. This contract clarifies the financial rights of the parties and prevents potential disputes. Furthermore, financial issues like alimony can also be arranged under this contract.
The Turkish Civil Code provides various options regarding the spouses' property regimes. Articles 202 and 203 of the Code state that spouses can determine their property regime through a contract and outline how this contract should be created legally. If no property regime contract is made, the legal property regime, the “acquisitive property participation” regime, will apply. This means the law determines the rights and obligations of the parties. However, the parties may prefer one of the alternative options available.
Types of Property Regimes and Their Features
The Turkish Civil Code recognizes four main types of property regimes:
- Acquisitive Property Participation Regime:
- Legal Property Regime: This is the regime that applies when no agreement is made between the spouses, as specified in the law.
- Division Principle: Property acquired during the marriage is divided equally.
- Scope: This regime includes income earned through work, social security or aid institution payments, and income from personal property.
- Advantage: Ensures fair sharing of assets accumulated by the couple during marriage, maintaining financial balance.
- Property Separation Regime:
- Principle of Freedom: Each spouse independently manages and disposes of their own property.
- No Sharing: Property acquired during marriage remains the sole property of the person whose name it is registered in.
- Preference Reason: Often preferred by individuals who manage their businesses, have high incomes, or possess substantial property.
- Shared Property Separation Regime:
- Hybrid Model: Combines features of property separation and acquisitive property participation regimes.
- Common Areas: Properties dedicated to the family, such as the family home and household items, are considered jointly owned by the spouses.
- Advantage: Suitable for spouses who wish to maintain their separate property while also ensuring balance in shared living spaces and items.
- Community Property Regime:
- Joint Ownership: Certain assets are jointly owned and managed by both spouses.
- Contract Basis: The property regime contract determines which assets are considered joint property.
- Advantage: Ensures the marriage operates financially as a complete partnership.
What Are the Purposes of a Marriage Contract?
The primary purpose of a marriage contract is to determine how property will be managed and shared during marriage or in the event of divorce. This contract aims to prevent potential financial disputes by clarifying how property acquired during the marriage will be shared or the status of personal assets, ensuring that financial relations between the couple are transparent and fair.
A marriage contract also regulates the financial rights and obligations of the couple. It provides significant assurance, particularly for individuals involved in business or commercial activities. Additionally, it helps determine financial obligations such as alimony and compensation in the event of divorce.
How is a Marriage Contract Made?
A marriage contract is officially drawn up before a notary. Couples can apply to the notary either before marriage or during the marriage to create the marriage contract. The notary's approval is required for the contract to be valid.
It is advisable to seek legal advice from a lawyer while preparing the marriage contract. A lawyer can help ensure that the contract is properly structured to suit the parties' interests and can follow the legal processes. The scope of the contract is shaped according to the parties' preferences, and necessary arrangements are made.
Formal Requirements of a Marriage Contract
A marriage contract is executed in two ways before a notary:
- Notary Drafting: The couple comes together before a notary to draft and sign the marriage contract. The notary creates the contract based on the parties' requests and makes it an official document. This method involves the notary writing the contract and ensuring that all procedures are conducted under the notary's supervision.
- Notary Approval: If the couple has prepared the contract through a lawyer or has created their own draft, they can take it to the notary for approval. The notary checks the legal validity of the contract, collects the signatures of the parties, and formalizes it. This process is preferred when the parties have already prepared the contract, and only legal validation is needed.
Importance of the Formal Requirements of a Marriage Contract
A marriage contract provides significant legal backing for determining property regimes. A contract made according to the formal requirements:
- Makes financial relations between the spouses more transparent.
- Eliminates uncertainties about property division in the event of divorce.
- Prevents legal disputes by prearranging the financial rights and obligations.
- Has undisputed legal validity in courts due to compliance with statutory formal requirements.
What Issues Are Regulated in a Marriage Contract?
A marriage contract is a document that regulates the financial relations of the couple. The primary issues arranged in the contract include:
- Property Regime Choice: Couples can choose a property regime other than the legal one with a marriage contract. Different regimes, such as property separation, shared property separation, or community property, can be selected.
- Property Sharing: The sharing of property acquired during the marriage in the event of divorce is determined. This clarifies the rights to the property.
- Personal Property: The status of personal property and whether they will be excluded from the sharing process is arranged. For example, property acquired before the marriage or inheritance can be considered personal property.
- Debt Status: The responsibility for debts accumulated during the marriage and how they will be shared is decided.
- Alimony and Compensation: The amount and conditions of alimony to be paid in the event of divorce can be included in the contract. Compensation claims can also be arranged.
Advantages of a Marriage Contract
A marriage contract offers several advantages to the couple. Some of these advantages include:
- Financial Security: The marriage contract secures the financial rights of the couple, particularly determining how property will be shared in the event of divorce.
- Prevents Disputes: It prevents potential financial disputes that may arise during or after marriage. The contract provides clarity on financial matters and minimizes conflicts.
- Ensures Transparency: Pre-arranging financial matters provides transparency in marriage. Both parties have clear knowledge of each other's financial situation.
- Protection Against Debts: If one of the spouses engages in business activities or incurs debts, the other spouse is protected from these debts. This is particularly important for individuals active in the business world.
- Protection of Personal Property: The contract helps protect personal property acquired before marriage or considered personal. In this way, assets considered personal property may be excluded from the sharing process.
Disadvantages and Risks of a Marriage Contract
Although a marriage contract offers many advantages, there are also some disadvantages and risks. Disadvantages include damaging trust between the parties or affecting romantic emotions. Some couples may feel that a marriage contract reduces their marriage to a financial agreement. Additionally, a marriage contract may be difficult to adapt to changing circumstances over time. Therefore, it may need to be reviewed and updated periodically.
Termination and Modification of a Marriage Contract
A marriage contract can be modified or terminated with the mutual consent of the parties. Changes or termination are also carried out in the presence of a notary. When a contract is terminated or modified, the parties must do so with their free will. Moreover, any changes made without the consent of the parties during the marriage are considered invalid.
When is the Best Time to Create a Marriage Contract?
A marriage contract can be made before or during the marriage. Creating the contract before marriage helps couples clarify their financial situation as they enter into the marriage. Creating it during the marriage can be for adapting to changing financial circumstances.
Originally published 10 April 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
