Legal Measures to be taken the material Rights couples
What is Separation of Property / Marriage Contract?
We answered all questions about the marriage contract,
which is important in terms of protecting the material rights of the spouses in marriage and avoiding any unjust treatment in the future in this article. What is a marriage contract? When can be a marriage contract made? All in our article!
What is a Marriage Contract?
One of the most curious subjects about marriage is the marriage contract. So, let us start by answering the question of what a property separation agreement is. This practice, which is also known by the names as "separation of property regime" and "contract of separation of property" among the people, is a contract made on how the spouses will manage the property during marriage and how the property will be shared in the event of the marriage's dissolution. Thanks to the property separation agreement, property sharing problems are prevented in case of divorce in the future.
What are the Types of property Regime Contracts?
There are 4 types of legal property regime application:
- Participation in acquired property: Individuals share the property they acquired together during the marriage in half after the divorce.
A spouse's acquired property is:
-Acquisitions in return for his work,
-Payments made by social security or social assistance institutions and organizations or by funds and similar funds established for the purpose of helping personnel,
-Compensation paid due to loss of working power,
-Income from personal property.
If the spouses do not choose any contract, this regime will be applied.
- property separation: In the property separation regime, the property of each spouse belongs to her/him. Spouses declare that they want to protect their property and do not want to share it. Neither party will take any share of the other party's property, nor will they share their own property.
- Shared property separation: Spouses own their own assets. The property acquired by the spouses together and which cannot be proven to belong to the spouses are shared jointly. Apart from this, the spouses do not have to be partners in any debt that the other party has with this contract.
- Property partnership: There are two types of goods under this contract. Common goods and personal goods. In general property partnership, the property and income of the spouses other than those considered personal property constitute the partnership properties and the spouses own the partnership properties. In limited property partnership, a partnership consisting only of acquired property is accepted. Income from personal property is not included in this partnership.
The property regime contract is made in the form of having the couples who will make a marriage contract have it arranged or approved by the notary public after choosing the property regime that is suitable for them.
How to Make a Separation Agreement at a Notary Public?
Let us talk about what can be done here for those who are wondering how to make a property separation regime agreement in a notary public. A pre-prepared marriage contract can be certified at the notary. She/He can also draw up a new marriage contract from scratch at the notary. Identities and passport photos of the spouses are requested for the marriage contract process at the notary.
Who Can Make a Marriage Contract?
A marriage contract can be signed by persons with the power of discernment. For minors and persons with mental illness or mental infirmity, the consent of the parent or legal representative is required.
When is the Marriage Contract Made?
Let us come to the answer to the question of when the property separation agreement is made. The marriage contract can be made at the time of the marriage application. When applying for marriage, the document obtained from the notary public before marriage must be attached to the documents of the marriage application.
For those who wonder whether a property separation agreement can be made after marriage, let us say that the agreement can be signed after marriage.
What is the Validity of the Property Separation Agreement?
For those who are wondering what the validity period of the marriage contract is, let's say that the chosen property regime will end in the event of the death of one of the spouses or the acceptance of another property regime.
Is it possible to cancel the Separation of property Agreement?
Yes, it is possible. The parties can choose, remove, or change the property regime they want within the limits written in the law.
Does the Separation of Property Agreement Affect the Past?
This contract does not affect the division of property received before marriage. A retrospective property regime contract cannot be concluded. The contract is valid from the date of signing.
Separation of Property Marriage Contract Sample
We give the example of the property separation regime agreement in here to give an idea about the marriage contract. Here is an example of a property separation agreement:
”….. to the Marriage Officer
We ……. declare that we want to be subject to the “… Separation of Property Regime” from the date of marriage, and respectfully wish that this optional property regime will be registered.
Annex-1: Notarized Separation of Goods Agreement
Annex-2: List of our assets
Separation of Property Agreement
Due to the marriage contract dated …./…./…./ to be made/made between …………………………… and ………………………, the parties of the Law on Enforcement and Implementation of the Turkish Civil Code They have declared that they have accepted the property separation regime between them, based on the express authority given to them and effective from the date of marriage, within the legal limits set forth below.
1- Each of us will have the right to manage, benefit from and dispose of his personal property within legal limits. The other will not have the right to manage and dispose of the other spouse's movable and real estate and any personal property.
2- The personal belongings of each of us and the moral and material compensation receivables from third parties will legally constitute personal property, and the other will not have the right to speak and dispose of these receivables.
3- Donations, inheritance rights and shares from third parties and unrequited gains by third parties will be included in the personal property section, and one will not have the right to benefit, manage and dispose of them in accordance with the principle of property separation.
4- Whoever claims that a particular property belongs to him will be obliged to prove his claim. Otherwise, the goods whose affiliation cannot be proven will be counted as the goods in our shared ownership.
5- Each spouse will be fully responsible for his/her own property due to his/her debts and will not be able to make debtor savings to another. Each of us will be fully responsible for the debts we make on the basis of the authority to represent and manage the marriage union, the debts we make due to the practice of a profession or art, and the debts that create personal liability for one of us and the debts made by agreement with third parties.
6- In the event that each of us practices a profession or art, the right to make all legal transactions related to this profession and art, to use his income and to save belongs to that spouse, and the other will not have a relationship with this profession and the performance of art and his income, and the right to speak.
7- Administrative expenses and expenses incurred to represent the marriage union will be provided by the joint participation of each spouse.
8- In case of a lifetime annuity by the relevant social security institution or private insurance company, instead of lump sum payments, compensation and receivables and compensation paid due to loss of workforce, by Social Security or Social Welfare institutions or private insurance companies, these incomes are considered as personal property. and the other spouse will not have the right to dispose and manage.
9- Likewise, all earnings in the broadest sense, such as bonds, bills, official promissory notes, repos, stock exchanges, interest, executive receivables and collections, bank interest and rental income, which are not considered as limiting here, will also be considered in the concept of personal assets in accordance with the principle of separation of property the other spouse will not have the authority to manage and use these rights and receivables in any way.
10- In the event of the expiration of the property regime, each of us will take back her property in the possession of the other. In addition, the person who proves to be of superior interest may request that the goods in our joint ownership be given to her by paying the share of the other on the payment day, among other measures.
11- In case the marriage is terminated by annulment or divorce decision, staying in the house which is reserved for the common use of the family and shared equally between the spouses and using the household goods, ………………………………………. will continue.
We have included general details about the marriage contract. For more personal information, you should get information from your lawyer.