WHAT IS A MARRIAGE CONTRACT?
A marriage contract is popularly known as a contract in which the parties dec decipher the consequences of a divorce by agreeing between them before establishing a marital union. However, a marriage contract is not a contract in which the parties can determine all the consequences of a divorce or establish rules within the marriage union. The marriage contract is regulated in the Turkish Civil Code in the form of a contract of goods regime. This agreement serves to solve the property sharing problems that may arise in the future if the parties terminate the marriage.
Although the principle of freedom of contract exists in our law, some limitations have been imposed by law. Accordingly, the subject of the contract should not be contrary to the mandatory provisions of the law, should not be contrary to public order, should not be contrary to personal rights, and the subject of the contract should not be impossible. Depending on these conditions and only in accordance with the dec established by law, the parties will be able to conclude contracts between them.
IS THE MARRIAGE CONTRACT LEGAL?
The marriage contract must comply with the requirements sought by law. Nowadays, sometimes the parties can put forward conditions to each other before marriage and make promises. For example, if it is understood that the parties have no joint children before marriage, if a divorce occurs, the custody of the children will be given to the mother, or if one of the parties commits adultery, the other party cannot seek compensation, these articles will be legally invalid. As a matter of fact, it is not possible for people to waive their unborn rights by law.
The actual contract, which can be concluded decently, popularly known as the marriage contract, is 203 of the Turkish Civil Code. it is the contract of the goods regime that is stipulated in its article. With the amendment made to the Turkish Civil Code in 2002, the regime of participation in acquired goods for goods in the marriage union was adopted. But spouses will always be able to change this regime of goods by making an agreement and concluding a contract. The provisions that the parties can decipher by agreement between the parties may be about the goods regime that will be applied after the divorce.
WHAT IS THE GOODS REGIME AGREEMENT?
The goods regime agreement is a voluntary agreement that couples can make at any time before or after marriage, regulated by the Turkish Civil Code. In the contract that the parties will make, issues such as which of the spouses will own or manage the goods that they will have or will have, who will use these goods, which of the spouses will benefit from the income of these goods, to what extent, and how to share the goods when the marriage ends are determined.
By law, the implementation of the regime of participation in acquired property between spouses is decisively. When the marriage contract is not concluded by the spouses, the regime of participation in the acquired property, that is, the regime of legal property, will apply. However, the spouses can agree to one of the other regimes established by law by concluding a goods regime agreement between them. dec. The parties may choose, remove or change the goods regime they want only within the limits written in the law.
WHAT ARE THE TERMS OF THE MARRIAGE (PROPERTY REGIME) AGREEMENT?
There are certain conditions that the parties must have in order for a marriage (goods regime) contract to be concluded. These conditions are regulated in the law under the title of contract driver’s license. Accordingly, the contract of the goods regime will be able to be concluded only by those who have the power to distinguish it. They are limited to minors, they must obtain the consent of their legal representatives in order to conclude a marriage contract. Contracts concluded by persons who do not have a contract driver’s license are legally invalid.
In addition, the goods regime agreement does not make provision for the parties to dec between themselves. The contract must be concluded with the competent authority in accordance with the law and on conditions in accordance with the law.
WHERE AND HOW IS THE CONTRACT OF MARRIAGE (GOODS REGIME) CONCLUDED?
The contract of the goods regime can be concluded with the consent of the parties before marriage or after marriage. The marriage contract, as it is popularly called, is concluded dec a notary in the presence of the parties. The contract of the goods regime concluded at a notary can be concluded in the form of regulation or approval. In addition, the parties can also inform in writing which goods regime they have chosen at the time of applying for marriage.
It is mandatory that the contract on the regime of goods concluded at a notary is signed by the parties. If one of the parties does not have a signature, the contract in question will be considered legally invalid. If the contracting party to the marriage contract is small or limited, its legal representatives are required to sign the contract.
WHAT ARE THE TYPES OF GOODS REGIMES THAT CAN BE SELECTED IN THE GOODS REGIME AGREEMENT?
Goods regime, that is, in the marriage contract, as it is called among the people, the types that can be selected other than the regime of participation in the acquired goods, which is the legal goods regime, are considered limited in the Turkish Civil Dec. Spouses may choose one of the regimes listed in the law with their consent. These are the goods separation regime, the shared goods separation regime and the goods partnership regime.
The goods separation regime is regulated in Article 242 of the Turkish Commercial Code. In the goods separation regime, there is no separation of personal goods and acquired goods, and the income received by the spouses is considered their personal property.
The regime of the division of shared goods is regulated in Article 244 of the Turkish Commercial Code. Decoupling of goods acquired after the establishment of the regime, goods specific for the joint use and use of the family, as well as investments aimed at ensuring the economic future of the family or their replacement values, are equally divided between the spouses if the goods regime ends.
Goods partnership regime: TMK m. it is arranged in 256. The goods partnership regime covers partnership goods and personal property of spouses. The general property partnership covers income other than the personal property of the spouse. Neither of the spouses can save on partnership goods on their own.
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