How to make a marriage contract in Turkey? Does a marriage contract work?

How to make a marriage contract in Turkey? Does a marriage contract work?
A prenup provides a personalized approach to determining property division in the event of divorce. Non-mandatory but highly customizable, these agreements provide clarity and security for both parties, facilitated by a family lawyer and notarized for leg

Crafting a marriage contract is a personalized process as each marriage phase and expectation differs significantly. The demands, desires, and needs of individuals will undoubtedly vary with the uniqueness of their marriages. Consulting an attorney for the preparation of a marriage contract will ensure that all necessary information is provided.

What Should Be Included in a Marriage Contract?

A marriage contract should detail the division of properties comprehensively. For a well-prepared and thorough examination of these clauses, working with a skilled family lawyer is essential.

After drafting the clauses of the marriage contract, both spouses need to visit a notary for approval. Ensure you carry your identification and three passport-sized photographs to the notary. For foreigners, a certified translation of the passport is mandatory. Double-check to avoid any submission of incomplete documents.

Is There a Standard Template for Preparing a Marriage Contract?

Individuals interested in learning what a marriage contract entails and seeking a template as a reference may find that a standard template does not exist.

Marriage contracts are tailored to each couple's specific wants, needs, and demands, making a one-size-fits-all approach impossible. Working with a competent family attorney will diminish the need for a generic template.

Who Creates the Marriage Contract?

The marriage contract is formed in collaboration with family lawyers and notaries. Partnering with a good lawyer can make this process smoother. However, creating a marriage contract is not obligatory.

According to the Civil Code, parties are completely free to decide on this matter. People who opt for a marriage contract typically wish to ensure their properties are divided as they prefer post-divorce, as the absence of such a contract makes it impossible for parties to claim rights during a divorce. In such cases, the court decides on the division of assets.

When Should a Marriage Contract Be Made?

A marriage contract can be created before or during marriage. It is not possible for couples who have decided to divorce, meaning they are not officially married, to make a marriage contract.

There is no universally applicable standard for preparing a marriage contract that everyone can use. Parties tailor the contract clauses based on their unique requirements. Individuals wishing to make a marriage contract before marriage may seek knowledgeable legal advice to better navigate this process.

Am I Obligated to Make a Marriage Contract?

Whether to make a marriage contract is a matter of personal choice. Not everyone is required to make a marriage contract since there is no legal provision mandating it in the Civil Code. Couples deciding to make a marriage contract can later modify or adjust it as they see fit.

Marriage contracts should be prepared with the assistance of a family attorney. Once drafted, the contract should be officially notarized by both parties. Remember to carry your identification and three passport-sized photos during this process to ensure all your paperwork is complete.

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