Today, prenuptial agreements, also known as prenups, have taken their place among the topics discussed by couples, such as the wedding location and date. Many couples who are thinking of getting married make a prenup before and even after marriage.
In this article, as Istanbul Lawyer Firm, we will share all the necessary information about these contracts in Turkish law. If you need help in this field or a lawyer in Turkey for your legal cases, you can contact Istanbul Lawyer Firm.
What is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract that a couple enters into before they get married or build a civil partnership. In the event of a divorce, separation, or death, it signifies both parties their rights and responsibilities.
It is made to protect the interests of both spouses. That is why it plays an important role in giving them clarity on their property and financial matters. The primary purpose of a prenup is to protect the interests of both spouses by establishing clear guidelines for property division and financial responsibilities.
Legal Framework of Prenuptial Agreements in Turkey
Prenups are regulated under the Turkish Civil Code and the Turkish Code of Obligations. For instance, Article 255 of the Turkish Civil Code enables couples to regulate their property regime and financial issues through it.
In addition, to be enforceable in Turkey, they must be in written form, signed by both parties in the presence of a public notary, and submitted to the marriage registry office where the marriage will take place.
The Process of Drafting a Prenuptial Agreement in Turkey
Here are the steps for drafting a prenup in Turkey.
- Consultation with a Lawyer: It is recommended that you consult a prenuptial agreement lawyer who is experienced in this field. They assist you with more efficient and lawful process management.
- Discussion About the Terms: It is important for both parties to have open discussions about expectations and wants regarding the agreement. It is critical to negotiate and come to a pleasant agreement.
- Preparing the Agreement: It is drafted with the help of a lawyer. The agreement should specify all of the terms that are reached, including factors like how the assets will be divided. The written material needs to be exact and understandable.
- Notarization and Registration: Both parties must sign the agreement in its final form in front of a public notary. The agreement is subsequently submitted to the marriage registry office in the country where the marriage will take place.
Benefits of Prenuptial Agreements in Turkish Law
Prenuptial agreements in Turkish Law offer several benefits for spouses, including:
- Protection of Individual Assets: They enable people to protect their premarital assets or inheritance from their families. Spouses can make sure that particular assets stay with the original owner in the event of a divorce by clearly defining separate property.
- Property Division: Establishing how the couple's property and assets will be divided in the event of a divorce or separation can help prevent drawn-out legal battles and ambiguity surrounding property rights.
- Better Legal Process: In the case of separation due to death or divorce, by addressing the important issues in advance in the agreement, it can potentially facilitate the divorce or separation process.
Frequently Asked Questions about Prenuptial Agreements in Turkey
Today, it is very popular among couples to discuss a prenup before getting married. However, some people still do not know much about this legal agreement. For this reason, below are a few frequently asked questions about these contracts in Turkey.
If you have more questions about this topic or need a Turkish lawyer firm to solve your cases, you can contact Istanbul Lawyer Firm. With our qualified and experienced lawyers, we would like to help you.
What Happens When a Prenuptial Agreement is Violated?
The prenup is created to specify rules for a couple to follow in the event of a divorce. In some situations, a breach can be remedied through mediation or discussion. If these measures do not work, legal action can be taken.
Can a Prenuptial Agreement Be Modified or Terminated?
A prenuptial agreement can be modified or terminated according to some circumstances. To modify and terminate it, both parties must consent. Also, both modifications and terminations should comply with all formal requirements. If you want to modify or terminate a prenup, you should consult a prenuptial agreement attorney for help.
What Can Be included in a Prenuptial Agreement in Turkey?
In Turkey, a prenup may include several factors such as division of the couple's property and assets, inheritance rights, and spousal support or alimony.
You can reach our previous article from https://istanbullawyerfirm.com/blog/uncontested-divorce-in-turkey