Prenuptial Agreements in Turkey

With the modern tendency to get married later in life or indeed to marry more than once, individuals are nowadays more likely to want to protect any inherited and/or acquired wealth to ensure that it is received by their children, for example.

The laws relating to enforceability of pre-nuptial agreements vary from state to state and anyone concerned about their vulnerability to losing substantial amounts of acquired wealth, should be resolved in advance by speaking with a lawyer specialised in the field.

In Turkey, prenuptial agreements, known as "marriage contracts," are regulated under the Turkish Civil Code (Türk Medeni Kanunu). 

Introduced as part of a series of reforms to Turkish family law, these agreements allow couples to arrange their financial relationships during the marriage and in the event of a divorce, within the legal boundaries set by the code.

Key aspects of the Turkish Civil Code regarding prenuptial agreements include:

• Freedom to Arrange Financial Relations: Couples have the freedom to arrange their financial relationships before getting married. This can include how property will be managed during the marriage and how assets will be divided in case of divorce.
• Formal Requirements: For a prenuptial agreement to be valid in Turkey, it must meet certain formal requirements. The agreement needs to be in writing and signed by both parties. It is highly recommended to have the agreement drafted and witnessed by a notary to ensure its legality and enforceability.
• Limitations: While couples have considerable freedom to arrange their financial relations, there are limitations. Prenuptial agreements cannot include provisions that are against the law, morals, or the indivisible nature of the family. They also cannot completely strip one party of their rights in the event of a divorce.
• Modification and Termination: Parties can modify or terminate their prenuptial agreement at any time, provided both agree and the changes are made in writing with the same formal requirements as the original agreement.
• Enforcement: In case of divorce, Turkish courts will enforce a valid prenuptial agreement as long as it respects the legal boundaries and does not violate public order or morals. However, the court has the discretion to adjust the terms if they are found to be excessively unfair to one party at the time of enforcement.

The spouses can choose a ‘system’ from a number of alternatives that determine the division of assets upon a termination of the marriage. These ‘systems’ are known in Turkish as  Mal Rejimi Sözleşmesi (Property Regime Agreement). There are 3 types:

1. Mal Ortaklığı (Community of Property): Shared ownership of all assets acquired during the marriage.
2. Mal Ayrılığı (Separation of Property): Each spouse retains ownership of their individual assets.
3. Paylaşımlı Mal Ayrılığı (Participated Property Separation): Individual ownership with some shared assets.
4. Edinilmiş Mallara Katılma (Participation in Acquired Property): Joint ownership of assets acquired during the marriage.
   

1. Consultation with a Lawyer: Understanding different matrimonial property regimes and their implications.
2. Drafting the Agreement: Tailored to the couple's specific financial situation and asset distribution preferences.
3. Notarization: Finalizing the agreement at a notary for legal validity.

• Financial Clarity and Security: A prenuptial agreement in Turkey provides a clear framework for the management and division of assets within a marriage. This ensures financial security for both parties, especially in the case of a marital breakdown.
• Asset Protection: Particularly beneficial for those with significant assets or expected inheritances, the agreement safeguards individual wealth and investments made before the marriage.
• Reduction of Future Conflicts: By agreeing on financial matters in advance, couples can significantly reduce the potential for disputes over assets in the event of a divorce, leading to a more amicable separation process.
• Customizable Agreements: Tailored to the specific needs and circumstances of the couple, the agreement allows for flexibility and personalization in asset division and management.
• Legal Recognition and Enforcement: Once notarized, the agreement is legally recognized and enforceable in Turkey, providing a solid legal foundation for the agreed-upon terms.
• Promotes Open Communication: The process of drafting a prenuptial agreement encourages couples to engage in open and honest discussions about their financial expectations and plans for the future.
• Protection Against Debts: The agreement can also include provisions to protect one spouse from being liable for the debts incurred by the other, either before or during the marriage.
• Efficiency in Legal Proceedings: In the event of divorce, a prenuptial agreement can streamline the legal process, potentially saving time and legal expenses by avoiding lengthy disputes over asset division.

• Legal Context: The concept of a prenuptial agreement, as understood in some other legal systems, is not recognized in the same way in Turkish law. However, couples can determine their property regime through a legally binding agreement.
• Voluntary and Customizable: The agreement is not mandatory but recommended for clarity on asset division. It can be tailored to the couple's unique circumstances.
• Amendments and Validity: Couples can modify the agreement with legal assistance if circumstances change. It remains valid until annulled by mutual consent or legal action.
• Time and Cost: Initiating the process well before the wedding is advisable. Costs vary based on the complexity of the agreement and legal fees.