The Problem
You are about to marry a Turkish citizen or another foreigner in Turkey, and you want to protect your pre-marital assets, business interests, or inheritance expectations through a prenuptial agreement. While Turkish law recognizes prenuptial agreements, they work differently from those in many Western countries. The default matrimonial property regime changed in 2002, and many couples — especially international ones — do not realize that a prenuptial agreement may be essential to protect their interests.
How the Law Works in Turkey
Prenuptial agreements (mal rejimi sözleşmesi) are governed by TMK Articles 203–206. The default regime since January 1, 2002 is "acquired property participation" (edinilmiş mallara katılma rejimi), where assets acquired during marriage are shared equally upon divorce. Alternatives available through prenuptial agreement: separation of property (mal ayrılığı), joint property (mal ortaklığı), or modified participation. The agreement must be in official written form (resmi şekil) — either notarized or declared before a judge during the marriage ceremony. It can be made before or during the marriage.
What the Tourist Should Do
Discuss property regime options with your future spouse before the wedding. Consult a Turkish family lawyer to understand implications of each regime. Draft the prenuptial agreement with legal counsel on both sides. Have the agreement notarized (noter onaylı) or declared before the marriage officer during the ceremony. Ensure the agreement complies with both Turkish law and the law of your home country for cross-border enforcement.
The Risks
A prenuptial agreement that does not follow the required official form (notarization or judicial declaration) is void. Agreements that are manifestly unfair to one spouse may be challenged in court. The agreement only governs property division — child custody and support cannot be predetermined. If the agreement conflicts with the forced heirship rules in Turkish inheritance law, the inheritance provisions may be invalidated.
LetFix Solution
LetFix assists international couples with prenuptial agreements in Turkey. Our family lawyers draft agreements that comply with Turkish law, consider cross-border implications, and protect both parties interests.
