What is a Marriage Contract and What is its Use?
A marriage contract is a legal contract based on the Turkish Civil Code that determines how the spouses’ property will be divided during the marriage union and especially in the event of divorce or death. Thanks to this contract, spouses can choose a regime that suits them outside of the legal property regime.
In Turkey, the ” participation in acquired property ” regime is automatically applied upon marriage. However, couples can choose the following regimes by making a marriage contract in the presence of a notary:
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Separation of property
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Separation of shared property
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Property partnership
Since each regime has different consequences depending on the method of acquisition of the property, the contract must be prepared carefully.
The Process of Making a Marriage Contract in Antalya
In order to make a marriage contract in Antalya, couples must apply to a notary and prepare the contract. The contract can be made either before or during the marriage. However, in both cases, notary approval is required; otherwise, the contract is not valid.
Contracts made before marriage become valid as of the day the marriage takes place.
Contracts made after marriage become valid from the date they are signed.
Although notaries in Antalya provide standard documents on this subject, it is a safer approach for couples to prepare personalized contracts taking into account their special circumstances.
5 Common Mistakes and Their Consequences
1. Using Ready-Made Template Agreements
The most common mistake in Antalya is the use of ready-made templates downloaded from the internet or provided by the notary. These texts usually contain general expressions and do not meet specific needs. As a result, the contract does not fully reflect the expectations of the parties and leads to differences in interpretation in the event of a divorce.
2. The Contract is Made for the Benefit of Only One Spouse
The contract should be prepared fairly and balanced. Clauses that only protect the interests of one spouse can be taken to court by the other spouse in the future to be declared invalid. This situation damages the trust between the spouses.
3. Lack of Clear Statement of Property Regime
Some couples only add general clauses to the contract and do not specify which property regime they have chosen. However, a clear and unambiguous statement is essential: There should be a definitive statement such as “The parties have chosen the property separation regime in accordance with Article 242 of the Turkish Civil Code.”
4. Exclusion of Private Properties Such as Title Deeds, Vehicles and Company Shares
If real estate, vehicles or company shares acquired during the marriage are not specifically mentioned, these assets will create problems during the division. In cities like Antalya, where investment housing purchases are common, this erroneous omission can lead to major lawsuits.
5. Invalidity of Contracts Made Without Notarization
Marriage contracts signed only between the parties are legally invalid. They must be drawn up and approved by a notary. Otherwise, when the parties divorce, the court will apply the legal property regime.
Risks of Contracts Prepared Without Legal Support in Antalya
Although the marriage contract may seem like a simple text consisting of only a few paragraphs, it actually affects the distribution of all future assets . Many couples in Antalya have encountered the following problems because they did not consult a lawyer when preparing these contracts:
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The contract is declared invalid in court
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Different interpretations of the contract by the parties
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Dispute arising in the liquidation of the property regime due to incomplete property declaration
For these reasons, it is of great importance that the contract is prepared with the consent of both parties and with clear provisions.
Can a Marriage Contract Be Changed Later?
Yes. The marriage contract can be updated later, provided that the parties decide together. For example, if there is a change of mind regarding the division of property acquired during the marriage, the couple can choose a new property regime and make a new contract before a notary.
In Antalya, this process works as follows:
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An appointment is made at the notary.
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The new property regime and the text signed by the parties are prepared.
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The change process is processed in the marriage directorate system.
The new contract only affects assets after the date it was signed. It does not have retroactive effects.
Most Frequently Asked Questions
Can a contract be made after marriage?
→ Yes. A property regime agreement can be drawn up while the marriage is ongoing.
Are all goods included in the contract?
→ No. Only acquired property is covered. Inheritance, donations and personal property are excluded.
Does the contract provide absolute protection in case of divorce?
→ If the contract is prepared correctly, it provides protection to a large extent. However, the court may cancel some clauses with justification.
Can changes be made during the marriage process?
→ Yes. The property regime can be changed by making a new contract at the notary.
How much is the notary fee in Antalya?
→ As of 2025, the notary fee is around 5,000 – 6,000 TL. This amount may increase if there is additional documentation and consultancy.
Is it possible to separate property without a contract?
→ No. Unless there is a court decision, the legal regime applies. A notarized contract is required for property separation.
Recommendations for Those Who Want to Make a Marriage Contract in Antalya
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Learn about property regimes. Determine which regime suits you best.
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Obtain consent from both spouses. Unilateral impositions damage the relationship.
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Be transparent. All assets should be clearly listed.
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Get support from a notary and lawyer. Getting support from a lawyer who is an expert in family law in Antalya makes the process easier.
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Keep the documents. Notarized copies should be kept by both spouses and, if necessary, by the lawyer.