Marriage Contract in Turkey: Rules, Notary Fee and Sample

A marriage contract in Turkey is a notarised agreement, called a “property regime contract” in the Turkish Civil Code, that determines which rules will govern the assets of spouses or engaged couples during the marriage and when the marriage ends. Commonly referred to as a prenuptial agreement, premarital agreement or “prenup”, this contract only regulates property relations; it is not a commitment regarding the spouses’ personal behaviour towards each other. A marriage contract in Turkey is drawn up or certified by a notary, and under the 2026 schedule the notary fee consists mainly of a writing fee of 80.68 TRY per page together with the other items of the schedule, taxes and charges.

In today’s society, just as marriage is considered a common and natural process, divorce has also become an ordinary aspect of life in Turkey. During divorce proceedings in Turkey, disputes frequently arise concerning claims for material and moral compensation, alimony arrangements and child custody, while the division of property acquired during the marriage forms a separate and significant legal issue under the dissolution of the marital property regime. This reality has led many couples to seek protection of their rights through a marriage contract in Turkey against the possibility of divorce.

Couples choose a legally binding premarital agreement in Turkey to avoid the emotionally and financially exhausting outcomes of property litigation in divorce and to enjoy the peace of mind that comes from deciding their future in advance, independently of events that may occur during the marriage. However, it should be remembered that a marriage contract is not a commitment to each other’s behaviour; it is a contract made only to regulate property.

The key features of a marriage contract under Turkish law are summarised in the table below. Each item is explained in detail in the relevant section of this page.

What Is a Property Regime and What Are the Types of Property Regimes in Turkey?

Under Turkish law, a property regime is the set of rules governing the rights and obligations of spouses over their assets before or during the marriage and determining how those assets will be divided when the marriage ends. A marriage contract is the legal transaction used to choose and/or modify the applicable property regime.

These contracts, which are colloquially called “marriage agreements”, have the legal name “property regime contracts” under Turkish law. To understand what a premarital agreement in Turkey is, it is important to know the concept of property regime and the types of property regimes specified in the law. The Turkish legislator has introduced four property regimes, one statutory and three optional:

1. Participation in Acquired Property Regime in Turkey (Statutory Regime)

Participation in acquired property is the default property regime under the Turkish Civil Code; it applies automatically if the spouses do not choose another regime by a marriage contract (TCC Art. 202). Under this regime each spouse’s assets are divided into “acquired property” and “personal property”, and only acquired property is shared when the regime ends.

• Acquired Property: Assets each spouse obtains for consideration during the regime, in particular earnings from work, social security payments, compensation for loss of working capacity, income from personal property and assets replacing acquired property (TCC Art. 219).
• Personal Property: Items for exclusive personal use, assets owned before the marriage or later acquired free of charge by inheritance or gift, moral damages claims and assets replacing them (TCC Art. 220).
• Participation in the Surplus: Assets acquired after the marriage are shared regardless of the spouses’ individual contributions; each spouse is entitled to half of the surplus remaining from the other spouse’s acquired property after debts (TCC Arts. 231, 236). In this way acquired property is shared on an equal basis during divorce proceedings in Turkey.
• Share in Added Value: If one spouse contributed without adequate consideration to the acquisition, improvement or preservation of an asset belonging to the other, they may claim, in the liquidation, a share of the increase in value in proportion to their contribution (TCC Art. 227).
• Presumption of Acquired Property: All assets of a spouse are deemed acquired property until proven otherwise; the spouse claiming an asset is personal property must prove it (TCC Art. 222).

Is a House Bought Before Marriage Shared in a Divorce in Turkey?

Under the participation in acquired property regime in Turkey, a house bought before the marriage belonged to one spouse at the start of the regime and is therefore that spouse’s personal property by law, so it is not shared in a divorce (TCC Art. 220/2). However, if mortgage instalments were paid during the marriage from acquired property, such as the spouses’ salaries, compensation and, where the other spouse contributed, a share in added value may be claimed for the paid portion in the liquidation of the property regime (TCC Arts. 227, 230).

For this reason, property acquired before the marriage but paid off during the marriage is among the most frequently disputed assets in liquidation cases. When buying property in Turkey, which spouse is registered as owner in the title deed and in what shares also directly determines ownership, especially under separation of property. If the couple wants to clarify the personal-property status of such real estate from the outset, it is advisable to attach a list of personal assets to the marriage contract and specify the source of the payments. For spouses buying a home together, a real estate lawyer in Turkey can check before the sale whether the shares to be registered in the title deed match the property regime in the marriage contract, which reduces proof problems in a later liquidation case.

2. Separation of Property Regime in Turkey

In the separation of property regime in Turkey, each spouse retains the right to manage, benefit from and dispose of their own assets within legal boundaries (TCC Art. 242). In other words, each spouse remains the owner of their assets even after divorce, and no participation claim arises between the spouses.

• Real Estate: Under separation of property, if a property is purchased in the name of one spouse during the marriage, it is that spouse’s personal property and is not divided in a divorce.
• Annotation and Mortgage: The existence of a family residence annotation or a mortgage on the property does not change which spouse owns the asset.
• Proof: Assets whose ownership by either spouse cannot be proven are deemed co-owned in shares (TCC Arts. 243, 245).
• Debts: Each spouse is liable for their own debts with all of their assets (TCC Arts. 243, 246).

3. Separation of Property with Sharing Regime in Turkey

Separation of property with sharing is a special type of separation of property under Turkish law; each spouse remains the owner of their own assets, but assets dedicated to the common use of the family are divided equally when the regime ends (TCC Arts. 244, 250). Unlike the other property regimes, there is a partial liquidation process.

• Taking Back Assets: Each spouse takes back their own assets held by the other spouse (TCC Art. 248).
• Assets Dedicated to the Family: Assets acquired after the regime is established and dedicated to the family’s common use, together with investments securing the family’s economic future, are shared equally; inherited and gifted assets and moral damages claims are excluded (TCC Art. 250).
• Transfer of Co-Owned Assets: When the regime ends, the spouse who proves a prevailing interest may, among other measures, request the transfer of co-owned property into their sole ownership by paying the other spouse the value of their share on the date of payment (TCC Art. 248).

4. Community of Property Regime in Turkey

The community of property regime in Turkey covers community property and the spouses’ personal property; the spouses own the community property jointly as an undivided whole and neither spouse may dispose of their share alone (TCC Arts. 256, 257). Under general community of property, all assets and income other than those deemed personal property by law are community property; the spouses may limit the community to acquired property or exclude certain assets by contract (TCC Arts. 258, 259).

In the event of divorce, each spouse takes back from the community property what would be their personal property under participation in acquired property, and the remaining community property is divided equally (TCC Art. 277). If the parties cannot agree on dividing jointly owned assets, they may file a partition lawsuit in Turkey under the rules on co-ownership (TCC Art. 281).

Under Turkish law, the legislator, recognising that spouses may have different familial and financial needs, allows them to choose a property regime that suits their circumstances and, to a limited extent, to modify its content. Through a premarital agreement in Turkey spouses may opt for separation of property, separation of property with sharing or community of property; if no choice is made, the statutory regime of participation in acquired property applies. The outcome of each regime in a divorce is compared below:

What Is a Separation of Property Agreement in Turkey and What Does It Protect?

A separation of property agreement in Turkey is a property regime contract by which the spouses choose separation of property instead of the statutory regime, so that the assets each spouse acquires during the marriage remain with that spouse (TCC Arts. 203, 242).

It is the most common type of marriage contract in practice and may be made before or after the wedding; if it is made during the marriage, it takes effect prospectively from the date of signature.

Although a separation of property agreement provides strong protection, it does not eliminate every risk. What it protects and what it does not protect under Turkish law is set out below:

• Protects – Participation Claim: In a divorce, the other spouse cannot claim participation in the surplus of assets acquired after the agreement took effect.
• Protects – Management and Disposal: Each spouse manages, benefits from and disposes of their own assets (TCC Art. 242).
• Does Not Protect – Unproven Assets: Assets whose ownership cannot be proven are deemed co-owned in shares (TCC Art. 245), so title documents and payment records should be kept.
• Does Not Protect – Family Residence: Restrictions on the family residence apply regardless of the property regime; the owner spouse cannot transfer the family home or restrict rights over it without the other spouse’s express consent (TCC Art. 194).
• Does Not Protect – Creditors: Establishing or changing the property regime cannot remove from liability the assets available to the spouses’ existing creditors (TCC Art. 213).
• Does Not Protect – Alimony, Compensation and Inheritance: A separation of property agreement does not remove alimony or compensation obligations and does not prevent the spouses from inheriting from each other.

The notary fee, form and sample text of a separation of property agreement in Turkey are explained in the relevant sections of this page. If the agreement is made during the marriage, the rules of the previous regime, as a rule participation in acquired property, continue to apply to assets acquired until the date of signature.

How to Make a Marriage Contract in Turkey and What Are the Conditions for a Valid Marriage Agreement in Turkey?

For a marriage contract in Turkey to be valid, the parties must have the capacity of discernment, the contract must concern one of the property regimes listed in the law, it must be drawn up or certified by a notary and it must be signed by the parties (TCC Arts. 203–205). The answer to one of the questions spouses ask most often, “how to make a marriage contract in Turkey”, lies in these four conditions of validity.

1. Legal Capacity to Make a Premarital Agreement in Turkey

Under Turkish law, a property regime contract can only be made by persons with the capacity of discernment; minors and persons under guardianship must obtain the consent of their legal representatives (TCC Art. 204). If one of the spouses lacks the capacity of discernment, a property regime contract cannot be made, and the contract can only be signed between spouses or couples intending to marry.

If one spouse later permanently loses the capacity of discernment, the other spouse may ask the Turkish court to order separation of property, and the legal representative of the incapacitated spouse may also make this request on the same ground (TCC Art. 206).

2. Content of the Marriage Contract in Turkey

The content of a premarital agreement in Turkey must stay within the limits of the Turkish Civil Code; the parties may choose, abolish or modify a property regime only within the limits set by the law (TCC Art. 203). The contract should therefore clearly express the spouses’ intentions regarding the property regime that will apply during the marriage and specify which of the legally recognised regimes has been selected.

The parties may choose separation of property, separation of property with sharing or community of property and include specific provisions permitted by the law regarding how the chosen regime will be applied under Turkish law. A hybrid regime not recognised by the law cannot be created.

3. Notarisation of the Marriage Contract in Turkey

For a marriage contract in Turkey to be legally valid, it must be drawn up or certified by a notary public (TCC Art. 205/1). A text handwritten and signed by the spouses themselves does not meet the formal requirement and has no legal effect as a property regime contract; for this reason the marriage agreement in Turkey must be executed at a competent notary office.

If one of the parties is a foreign national who does not speak Turkish, the transaction must be carried out in the presence of a sworn translator under Turkish notarial law (Notary Law Art. 74). It is essential to inform the notary in advance so that the process proceeds smoothly and a translator is present.

4. Signing of the Marriage Contract in Turkey

Under the Turkish Civil Code, a property regime contract must be signed by the parties and, where necessary, by their legal representatives (TCC Art. 205/2). The spouses must express their intent freely and personally sign the contract; since it is a strictly personal transaction, a legal representative cannot conclude the contract alone in place of a minor or a spouse under guardianship.

The validity of a contract made by a minor or a spouse under guardianship depends on the consent of the legal representative, documented by signature. Therefore, the legal capacity of the parties is a decisive factor in determining the validity of the premarital contract in Turkey.

5. Can a Marriage Contract Be Made Online in Turkey?

Since a marriage contract in Turkey is a formal transaction that must be drawn up or certified by a notary, a text created by the spouses by e-mail, messaging app, website or electronic signature does not replace a property regime contract (TCC Art. 205). Templates found online can only be used as a draft for the transaction to be carried out at the notary.

Although the Turkish Notary Law allows notarial transactions to be carried out electronically with a secure electronic signature, in transactions that must be drawn up by the notary or that involve taking declarations of intent, a secure electronic signature may only be used if the parties are present before the notary (Notary Law Art. 198/A). A marriage contract in Turkey is therefore completed when the parties appear before the notary, their identity is verified and they sign the contract before the notary; if one party is abroad, the transaction can be carried out through a Turkish consulate, which performs notarial functions abroad (Notary Law Art. 191).

6. Documents Required for a Marriage Contract at a Notary in Turkey

To make a marriage contract at a notary in Turkey, the parties simply need to apply in person with their identity documents; their identity and address details and tax identification number are recorded in the notarial deed (Notary Law Art. 84). The contract text may be drawn up by the notary at the parties’ request, or a text prepared by a lawyer may be certified by the notary.

• Identity Document: Turkish ID card for Turkish citizens; passport or residence permit for foreigners.
• Sworn Translator: A sworn translator is present for a party who does not speak Turkish (Notary Law Art. 74).
• Proof of Representation: A document showing the capacity of the legal representative of a minor spouse or a spouse under guardianship (Notary Law Art. 79).
• List of Assets: Although not mandatory, attaching a list of personal assets showing title deed, licence and account details makes proof easier.

The validity conditions of a marriage contract in Turkey and the consequences of failing to meet them are summarised below. If any condition is missing, the contract cannot take effect as a property regime contract and the spouses remain subject to the statutory regime.

Where Is a Premarital Agreement Made in Turkey?

A premarital agreement in Turkey is made at a notary: the property regime contract is drawn up or certified by a notary, and the parties may also declare in writing which property regime they have chosen when applying for marriage (TCC Art. 205/1). The form of a marriage agreement in Turkey is determined with the aim of protecting the spouses’ interests, preventing disputes about the property regime and ensuring clarity.

In other words, no authority other than a notary can draw up or certify a marriage contract in Turkey. Since Turkish consulates have notarial authority for Turkish citizens abroad, it is accepted that these contracts can also be prepared at consulates.

Under Article 205 of the Turkish Civil Code, persons intending to marry may notify the marriage officer in writing, when applying for marriage, of the property regime they have chosen. However, the marriage officer has no authority to draw up or certify a marriage contract in Turkey; the officer records the parties’ written declaration or the previously notarised document in the marriage records and sends it to the relevant Population Registry Office.

Is a Marriage Contract Visible on e-Devlet in Turkey?

In Turkey, the original of a notarised marriage contract is kept at the notary office and a copy is given to the parties, so the existence and content of the contract are proven by a certified copy obtained from the notary (Notary Law Art. 84). A property regime choice declared to the marriage officer at the marriage application is recorded in the marriage records.

Whether or not the contract appears on any electronic query screen does not affect its validity. A spouse who will rely on the contract in a dispute before the Turkish courts only needs to keep the certified copy obtained from the notary and submit it to the court when necessary.

Notary Fees for a Marriage Agreement in Turkey

The notary fee for a marriage agreement in Turkey is not fixed; under the official notary fee schedule it consists of a per-page writing fee, a registration fee, taxes and charges, and as of 2026 it is approximately 7,000–10,000 TRY for a property regime contract of a few pages. Notarial procedures are priced under Notary Law No. 1512 and the official notary fee schedule issued under that law, while the obligation to use a notary stems from the formal requirement of the Turkish Civil Code.

The fee varies depending on whether the contract is drawn up or merely certified by the notary, the length of the document and the applicable taxes and charges. A more comprehensive agreement increases the fee, and if one of the parties is a foreign national, the mandatory presence of a sworn translator creates extra costs. The same principles apply to the notary fee for a separation of property agreement in Turkey.

For example, as of 2026, the notarial fee for a marriage contract in Turkey is calculated at 80.68 TRY per page for the office copy and the original or certified copies given to the client. In addition, a fixed registration fee of 25.21 TRY per transaction is charged for documents that must be registered by law, and taxes and other official charges are also applied.

The writing and registration fees above are set out in Articles 3 and 6 of the 2026 Notary Fee Schedule published in the Official Gazette of 30.12.2025, No. 33123; under the same schedule, the notary fee is calculated at thirty percent of the fee charged for the transaction and cannot be less than 58.82 TRY per transaction (Schedule Art. 1). However, these fees may vary from one notary to another, and the official fee schedule may be updated every year. Therefore, for the most accurate and up-to-date information on the notary fee for a marriage contract in Turkey, it is recommended to consult the specific notary office where the contract will be executed or the Union of Turkish Public Notaries.

Is Making a Marriage Agreement Mandatory in Turkey?

Making a marriage agreement is not mandatory under the Turkish Civil Code; if no contract is made, the statutory regime of participation in acquired property automatically applies between the spouses (TCC Art. 202). The legislator has granted the parties broad discretion in this matter and left the decision to the free will of the spouses.

A premarital agreement in Turkey can only be executed through the mutual and voluntary consent of the parties; therefore, if one spouse forces the other to sign through threats or pressure, the agreement may be annulled. Spouses may sign a marriage agreement either before the marriage or during the marital union and choose community of property, separation of property or separation of property with sharing. A marriage contract is thus a legal instrument that lets spouses regulate their property regime according to their preferences, but it is not a compulsory legal requirement in Turkey.

1. How Is Property Divided in a Divorce in Turkey Without a Marriage Contract?

Without a marriage contract, property in a Turkish divorce is divided under the participation in acquired property regime; each spouse keeps their personal property and may claim, as a participation claim, half of the value remaining from the other spouse’s property acquired during the marriage after debts (TCC Arts. 231, 236). The property regime ends as of the date the divorce case is filed, and that date is the basis of the liquidation (TCC Art. 225).

Disputes over the division of property in a divorce are resolved through a liquidation of the property regime case; in a divorce, the competent court for this case is the court competent for the divorce case (TCC Art. 214). In marriages without a contract, claims for a share in added value, participation and personal property must each be proven, so property division cases in Turkey often turn into long and costly proceedings.

2. Who Benefits Most from a Prenup in Turkey?

A prenup in Turkey is most beneficial for people who enter the marriage with significant assets, run a business or have children from a previous marriage, because it protects their assets in a predictable way. Whether a marriage contract makes sense should be assessed by considering the parties’ income, assets and family plans together.

• Shareholders and business owners: Protecting company shares and business value from liquidation risk. Having a commercial lawyer in Turkey draft the clauses on company shares in line with the share-transfer rules of the articles of association reduces the risk of conflict between the two documents.
• Those entering the marriage with real estate or savings: Clearly separating personal property and its income (TCC Art. 221).
• Those marrying for the second time: Asset planning that takes into account the rights of children from a previous marriage.
• Foreign spouses: Determining the applicable law and regime from the outset.

On the other hand, for a spouse with lower income or who does not work because of housework and childcare, separation of property offers less protection than participation in acquired property. For this reason, in Turkish practice, both spouses signing the contract with full awareness of its consequences helps prevent later annulment claims.

When Is a Marriage Contract Made in Turkey?

Under Turkish law, a property regime contract may be made before or after the marriage (TCC Art. 203). Marriage contracts in Turkey can be executed not only during the engagement period or before the wedding but also during the marriage; a contract made after the wedding takes effect, as a rule, prospectively from the date of signature.

A property regime agreement concluded between engaged couples in Turkey is a legal transaction subject to the suspensive condition of marriage. In other words, such a contract only takes effect upon the marriage of the parties; if the engagement ends for any reason other than marriage, the contract produces no legal effect.

From the perspective of legal certainty and predictability of property relations, making a premarital agreement before the wedding is regarded as a sound approach in Turkish legal doctrine. Such contracts eliminate uncertainties regarding the division of assets acquired during the marriage, offer the parties legal protection, especially in contentious processes such as contested divorce cases in Turkey, and help prevent future disputes.

Can a Marriage Contract Be Made with Retroactive Effect in Turkey?

As a general rule, a marriage contract in Turkey cannot have retroactive effect; it takes effect from the moment it is made and only applies prospectively. The contract regulates property regime relationships from the date it is concluded onward, which aligns with the legal maxim that “contracts generally have only prospective effects”.

The Turkish Court of Cassation (Yargıtay) has clearly taken a position on this issue and established case law stating that optional property regimes cannot be chosen retroactively. In its decision Yargıtay 8th Civil Chamber, E. 2012/13166, K. 2013/7003, 13.05.2013, assessing Article 10 of Law No. 4722, the Court stated:

“…When these two provisions are evaluated together, it is clear that spouses can only choose the legal property regime of participation in acquired property with retroactive effect. In other words, spouses cannot retroactively select any other optional property regime (community of property, separation of property, or separation of property with sharing) to be valid from the date of marriage. Therefore, even if such a choice exists, it is null and void, and this public order limitation cannot be overcome by freedom of contract rules…” 

Article 10 of Law No. 4722 is a transitional rule for spouses who married before the Turkish Civil Code entered into force on 01.01.2002. However, in the same decision the Court expressly held that, for marriages concluded after 01.01.2002 as well, the phrase “within the limits set by law” in TCC Art. 203 is a legal obstacle to carrying an optional regime back to the past by a later contract.

As seen, the Court interprets the law literally, accepting retroactive choice only for the participation in acquired property regime in Turkey, while declaring any retroactive effect regarding other property regimes contrary to public order and void. Thus, the limits of contractual freedom are clearly drawn, and retroactivity is only possible within a narrowly defined legal framework.

Therefore, if a marriage contract changing the property regime is made after the wedding, particular attention should be paid to the fact that it will only apply to assets acquired after the contract date and will not affect assets acquired before the contract was made. Since a property regime change cannot be retroactive in Turkey, property relations from the previous period continue to be governed by the old regime.

Can a Marriage Agreement Be Modified Later in Turkey?

A marriage agreement in Turkey can be modified later; spouses may choose, abolish or modify their property regime within the limits of the law and may at any time adopt the previous or another regime by a new property regime contract (TCC Arts. 203, 208). The amendment must also be drawn up or certified by a notary, like the original contract.

Spouses may also make special arrangements permitted by Turkish law within the chosen regime. The main options recognised by the law are:

• Professional and Business Assets: Under participation in acquired property, spouses may agree that assets arising from the exercise of a profession or the operation of a business will be personal property (TCC Art. 221/1). For example, salaries earned abroad, foreign-sourced income or assets acquired through a business or a company established in Turkey under commercial law can be designated as personal property in this way.
• Income from Personal Property: Spouses may agree that income from personal property will not be included in acquired property (TCC Art. 221/2).
• Share in the Surplus: Spouses may, by a property regime contract, adopt a basis other than equal sharing of the surplus; however, such an agreement cannot impair the reserved shares of children who are not common to both spouses and their descendants (TCC Art. 237). For a different share to apply in a divorce as well, this must be expressly provided in the contract (TCC Art. 238).
• Scope of Community Property: Under community of property, spouses may limit the community to acquired property or exclude certain assets such as real estate, a spouse’s earnings or professional assets (TCC Arts. 258, 259). Agreements changing the statutory division on divorce are valid only if expressly provided in the contract (TCC Art. 277).

Even if spouses wish to agree in advance on the property consequences of divorce, agreements on the ancillary consequences of divorce or separation are not valid unless approved by the judge (TCC Art. 184/5). Property sharing clauses in a marriage contract and the terms of a divorce protocol under Turkish law should therefore be assessed separately.

What Should Be Included in a Marriage Contract in Turkey?

A marriage contract in Turkey should include the parties’ identification details, the chosen property regime, the assets to be treated as personal or joint, contributions to household expenses and a statement that the contract was made of the parties’ free will. The content should be shaped according to the couple’s specific circumstances, expectations and needs; however, a marriage agreement in Turkey may generally include the following clauses:

• Identification of the Parties: Basic personal information of the parties signing the contract, such as names, surnames, dates of birth and identification details.
• Choice of Property Regime: The property regime the parties prefer (separation of property, separation of property with sharing or community of property) should be clearly stated.
• Contributions to Household Expenses and Income: How the spouses will contribute to the expenses of the marital union and in which asset group income will be counted may be regulated; however, post-divorce alimony cannot be agreed in this section.
• Personal and Joint Assets: It should be indicated which assets are considered joint and which are considered separate. For example, it should be clearly stated who will retain rights to intellectual property, trademark rights, compensation claims (medical malpractice, insurance claims etc.) and company shares in the event of a divorce.
• Joint Accounts and Investments: Principles regarding joint bank accounts, investments and assets to be acquired in co-ownership may be included.
• Additional Provisions: Additional arrangements permitted by law according to the specific requests of the parties may be included.
• Free Will and Signature: Along with the parties’ signatures, provisions stating that the contract is accepted of their own free will should be added.

Since every couple’s needs are different, the clauses of a marriage agreement in Turkey can be personalised; however, the contract must comply with the law and be made with the consent of both parties. Therefore, seeking advice from a premarital agreement attorney in Turkey is important to protect the contract against future annulment risks.

Sample Marriage Contract in Turkey (Separation of Property Agreement Template)

The sample marriage contract below is a general template for separation of property, the most commonly chosen regime in Turkey, and it has no legal effect unless drawn up or certified by a notary (TCC Art. 205). It aims to show the basic clauses a contract should contain and must be adapted to the parties’ assets, wedding date and family situation.

MARRIAGE (PROPERTY REGIME) CONTRACT

Parties: (1) Name Surname, Turkish ID No, Address and (2) Name Surname, Turkish ID No / Passport No, Address. With respect to their marriage to be concluded on …/…/…… (or concluded on …/…/……), the parties have agreed as follows.

1. Chosen Property Regime: The parties agree that the separation of property regime shall apply between them pursuant to Articles 203 and 242 of the Turkish Civil Code.
2. Effective Date: If made before the marriage, this contract takes effect on the wedding date; if made during the marriage, it takes effect on the date of signature, and assets acquired until that date are liquidated under the previous property regime.
3. Management and Disposal: Each spouse has the right to manage, benefit from and dispose of their own assets within legal limits.
4. List of Personal Assets: The parties’ real estate, vehicles, company shares, bank accounts and other assets on the contract date are shown in the attached list, which forms an integral part of the contract.
5. Jointly Acquired Assets: Assets the spouses acquire together are registered in co-ownership in proportion to their shares in the land registry or relevant registry; assets whose ownership cannot be proven are deemed co-owned in shares.
6. Debts: Each spouse is liable for their own debts with all of their assets.
7. Household Expenses: The spouses contribute to the expenses of the marital union according to their means, with their labour and assets (TCC Art. 186).
8. Excluded Matters: Alimony, custody, personal relations with the child and compensation rights are outside the scope of this contract and are subject to the law.
9. Form and Signature: This contract has been read and signed by the parties of their own free will before the notary.

Signature of Party 1 – Signature of Party 2 – Notarial Certification

Is It Problematic to Use a Sample Marriage Contract in Turkey?

Since every marriage in Turkey has unique needs and circumstances, it is not possible to adapt a single standard marriage agreement to all situations. When determining the property regime, couples should first acquire comprehensive information about the types of property regimes and select the one most suitable for their living conditions, because a wrong or incomplete choice may cause difficult-to-remedy legal and financial losses.

For example, in Turkish practice, disputes often arise over whether severance pay, notice pay, wrongful termination pay, overtime rights, reinstatement lawsuit claims, salary claims, annual leave rights or similar labor rights—such as athlete receivables or seafarer wages—obtained upon termination of a spouse’s employment contract and notification to the Social Security Institution (SGK) will be considered personal property or acquired property in the event of divorce.

Under Article 219 of the Turkish Civil Code, earnings from work are generally acquired property; in Turkish case law, for example, severance pay is acquired property in proportion to the period of work falling under participation in acquired property, while the part relating to work before that regime is personal property; for such compensation to be included in the liquidation, it must still exist when the property regime ends or have been converted into another asset.

In its decision Yargıtay 8th Civil Chamber, E. 2019/12, K. 2019/3792, 08.04.2019, the Turkish Court stressed that severance pay is paid for past work and in proportion to the length of service; where the period of work spans periods governed by different property regimes, an apportionment must be made according to the period of work falling into each regime, and for the compensation to be included in the liquidation it must still exist when the property regime ends or have been used to acquire another asset. Assessing the fate of employment receivables when drafting the marriage contract therefore reduces the uncertainty otherwise left to an expert’s calculation in the liquidation.

Therefore, clearly specifying in the marriage agreement in which asset group such labor-related rights will be evaluated is a legally prudent approach to prevent future uncertainties. A detailed evaluation of the couple’s position under family law in Turkey before marriage and professional legal support from an expert lawyer in Turkey are strongly recommended; a specialist lawyer helps couples determine the most appropriate property regime and tailors the content of the premarital agreement to their needs.

Which Issues Cannot Be Regulated Through a Marriage Agreement in Turkey?

A marriage agreement in Turkey may only regulate the spouses’ property relations; provisions concerning personal rights and obligations, the moral aspects of marriage, child custody and the advance waiver of alimony or compensation are invalid because of public order and mandatory rules. While a marriage agreement is a private contract that allows spouses to express their intentions regarding the matrimonial property regime, the principle of freedom of contract must be interpreted within the limits of public order, moral standards and mandatory provisions of law.

For example, clauses that waive the duty of fidelity, allocate household responsibilities, waive alimony or compensation rights in advance, or pre-determine matters such as adoption contradict the core principles of the Turkish Civil Code and are unenforceable. Since spouses are obliged to live together and remain faithful to each other (TCC Art. 185), contract clauses removing these obligations have no effect.

Matters such as child custody, personal relations with the child and the removal of the child from the country also cannot be determined in a marriage agreement in Turkey. These matters are safeguarded under public order with respect to the best interests of the child, and in the event of divorce or separation only judicial authorities may rule on them with due regard to the child’s best interests.

It is also important to note that removing a child from the country without the other parent’s consent, or abducting the child, breaches not only domestic law but also international law. Under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, to which Turkey is a party, if a child is wrongfully removed from or retained outside their habitual residence, the international return procedure is initiated upon the application of the other parent. Child return cannot be settled through a premarital or marriage agreement; it falls under the exclusive jurisdiction of competent courts and central authorities and is shaped by case law related to international parental abduction. In such cases, it is highly advisable to seek assistance from a lawyer specialized in international child abduction in Turkey.

1. Can a Marriage Agreement in Turkey Contain Provisions Regarding Alimony?

A premarital agreement in Turkey cannot contain clauses that remove or limit a person’s right to alimony before that right has arisen; such a clause is invalid even if included in the contract. Since a marriage agreement cannot include provisions contrary to mandatory legal norms, public morality, personal rights or public order, a person’s right to claim alimony in Turkey cannot be excluded in advance.

Even a party who will be entitled to spousal support or child support cannot waive this right in advance, even voluntarily; a marriage contract signed “to avoid paying alimony” is therefore not possible in Turkey. Arrangements on alimony can only be made at the divorce stage within the framework of a mutual divorce protocol approved by the court (TCC Art. 184/5).

2. Can a Marriage Contract in Turkey Include Compensation or an Infidelity Penalty?

A marriage contract in Turkey cannot include a penalty payable for infidelity or a predetermined divorce compensation; such clauses are invalid because they attach a price to the spouses’ personal rights and personal marital obligations. A document signed privately between spouses that regulates matters other than the property regime does not become a prenuptial agreement in Turkey even if made before a notary.

In a Turkish divorce, material and moral compensation is determined only if the statutory conditions are met and at the judge’s discretion; spouses cannot limit these rights or fix their amount in a binding way in advance. Provisions aimed at satisfying the personal egos of either party, or those that are meaningless or arbitrary, are also null and void to the extent they restrict fundamental rights and freedoms. On the other hand, in a divorce on grounds of adultery or attempt on life, the judge may reduce or remove the at-fault spouse’s share in the surplus on equitable grounds (TCC Art. 236/2).

3. Can a Confidentiality Clause Be Included in a Premarital Agreement in Turkey?

Under Turkish law, it is legally possible to include in a premarital agreement a confidentiality clause by which the parties undertake not to disclose the contents of the agreement or their asset information to third parties. Such a clause does not concern the property regime but creates a general contractual obligation based on freedom of contract; it is therefore valid as long as it does not violate mandatory legal rules, public order, morality or personal rights.

To be enforceable before the Turkish courts, the clause must be clear, specific and proportionate. Disclosure of the agreement to courts, attorneys or financial advisors should be regulated as exceptions to the confidentiality obligation, and specifying the sanctions for breach in advance enhances its practical enforceability.

The limits of a marriage contract in Turkey are summarised in the table below. Matters shown as “cannot be regulated” have no legal effect and are not enforceable even if written into the contract.

In conclusion, a premarital agreement in Turkey can only include declarations of intent regarding the property regime; any attempt to regulate personal rights, the moral aspects of marriage or issues concerning child custody and return, which fall under public order, is legally invalid. Even if such provisions are included in the agreement, they will have no legal effect and will not be enforceable in Turkey.

Is a Marriage Contract Valid in the Event of Death in Turkey?

A marriage contract in Turkey remains valid in the event of death; when one spouse dies, the property regime ends and, before the estate is shared, the property regime is liquidated according to the regime chosen in the contract (TCC Art. 225). The surviving spouse is therefore both a party to the property regime and a statutory heir of the deceased spouse.

If the separation of property regime is in effect, the spouses have no participation claim over each other’s assets; however, under Turkish inheritance law, the surviving spouse retains their legal status as an heir. Under participation in acquired property in Turkey, each spouse or their heirs are entitled to half of the other spouse’s surplus and the mutual claims are set off; the surviving spouse first receives the participation claim resulting from this liquidation and then claims their inheritance share from the deceased spouse’s remaining estate (TCC Art. 236). The surviving spouse may also request a usufruct or right of residence over the home they shared, set off against the participation claim (TCC Art. 240).

Unless they formally renounce the inheritance in Turkey, the surviving spouse is entitled to claim their share of the estate, assert their rights as an heir and proceed with the transfer of inheritance in Turkey. Other heirs may initiate proceedings such as lawsuits for cancellation and registration of title deeds based on claims of fraudulent conveyance or abuse of power of attorney; for this reason, it is advisable to seek assistance from a lawyer specializing in inheritance law in Turkey.

Can a Spouse Waive Inheritance Rights Through a Marriage Contract in Turkey?

A marriage contract in Turkey does not by itself prevent the spouses from inheriting from each other; for a spouse to give up inheritance rights, a separate inheritance waiver agreement must be made (TCC Art. 528). Since a waiver of inheritance is an inheritance contract, it must be executed in the form of an official will, that is, before a notary with two witnesses (TCC Art. 545).

In Turkish practice, a property regime contract and an inheritance waiver agreement can be made together at the same notary; however, the validity of the waiver depends on the form requirements of the inheritance contract, not those of the property regime contract. The waiving spouse loses their status as heir, so whether the waiver will be mutual and whether it will be made for consideration should be assessed carefully.

The validity of a waiver made before the wedding is, however, disputed in Turkey, because at the time of signing the fiancé(e) is not yet a statutory heir. In its decision Yargıtay 7th Civil Chamber, E. 2024/35, K. 2024/5267, 26.11.2024, the Turkish Court held valid an inheritance waiver drawn up by a notary 15 days before the wedding, given the strong expectation of marriage and the fact that the waiving party acquired heir status on the testator’s death; however, the decision was taken by majority, and the dissenting opinion argued that a waiver made before the marriage is concluded has no legal value. Renewing a pre-wedding waiver after the marriage, in the same form, therefore prevents a later dispute over its validity.

Matters to Consider in a Marriage Agreement in Turkey

The main points to consider in a marriage agreement in Turkey are executing it in notarial form, listing personal assets, documenting the parties’ free will and limiting the contract to provisions on the property regime. A marriage agreement regulates the couple’s future financial and property-related affairs, and the parties’ expectations regarding the property regime, household expenses and other essential matters should be clearly stated.

It should be noted that a marriage contract in Turkey is neither a declaration of commitment nor a will and testament. The marriage agreement must be prepared in compliance with current laws and the legal rights of both parties. In practice, one of the most commonly overlooked and problematic issues is that the property regime can be changed by court decision at the request of one spouse.

Modification of the Property Regime Upon Request of One Spouse in Turkey

Under Turkish law, if there is just cause, the judge may, at the request of one spouse, order that the existing property regime be converted into separation of property (TCC Art. 206). Although marriage agreements are generally established by the spouses’ mutual consent, this exceptional route allows a switch to separation of property without the other spouse’s consent.

Article 206 of the Turkish Civil Code accepts just cause in particular in the following cases:

• The other spouse’s assets being over-indebted or their share in the community being seized,
• The other spouse endangering the interests of the applicant or the community,
• The other spouse unjustifiably withholding consent required for a transaction concerning community assets,
• The other spouse refusing to inform the applicant about their assets, income, debts or community assets,
• The other spouse permanently lacking the capacity of discernment (in this case the legal representative of that spouse may also request separation of property).

The competent court in Turkey is the court of the domicile of either spouse (TCC Art. 207). If the ground requiring separation of property disappears, the judge may, at the request of one spouse, order a return to the former property regime (TCC Art. 208).

Duration of a Prenuptial Agreement in Turkey

A prenuptial agreement in Turkey has no fixed term; it remains valid unless the spouses replace it with a new contract or a court declares it invalid. The termination of the marriage, whether by divorce or the death of a spouse, does not invalidate the agreement; on the contrary, its provisions are applied in the division of property and the liquidation of other financial matters.

However, the validity of the agreement may be reviewed by the court, particularly regarding compliance with formal requirements and whether both parties entered into it freely and with informed consent. If the court finds that the agreement was concluded as a result of fraud, defect of consent, illegality or a violation of public policy, the rights and obligations arising from it cease and the statutory property regime under the Turkish Civil Code applies instead.

How to Annul a Marriage Contract in Turkey

A marriage contract in Turkey can be removed by the spouses agreeing on a new property regime contract at a notary; alternatively, one spouse may ask the court to declare it invalid by claiming that it was made under mistake, deception or duress, or that it does not meet the formal requirement. Amendment or removal by mutual consent is carried out by a new notarial transaction in the same form as the original (TCC Art. 208; Notary Law Art. 81).

If a spouse’s will was affected by mistake, deception or duress when the contract was formed, that spouse may claim that the contract does not bind them. Duress may arise in particular through pressure involving domestic violence, insult and threats, while deception may arise through misleading conduct amounting to fraud in the criminal sense. In this case, spouses can file a lawsuit before the Turkish courts claiming the invalidity of the agreement.

• Time Limit: If the spouse who was mistaken or deceived does not declare that they are not bound within one year from discovering the mistake or deception, or the spouse under duress within one year from the end of its effect, the contract is deemed ratified (Turkish Code of Obligations Art. 39).
• Breach of Form: A property regime contract not made at a notary is invalid from the outset, and this can be raised without any time limit.
• Proof: Since deeds drawn up by a notary are conclusive evidence unless proven forged, and deeds certified by a notary are conclusive until proven otherwise (Turkish Code of Civil Procedure Art. 204), the spouse claiming a defect of consent must prove it with strong and concrete evidence.

In its decision Yargıtay 8th Civil Chamber, E. 2014/9332, K. 2015/17436, 05.10.2015, the Court held that the evidence of a spouse claiming that a separation of property agreement drawn up by a notary was signed under duress must be examined under Article 203/1-ç of the Turkish Code of Civil Procedure, which allows witnesses to be heard on claims of defective consent, and treated giving effect to the agreement without that assessment as a ground for reversal. The conclusive evidentiary force of a notarial deed therefore does not prevent a claim of defective consent from being proven with evidence including witness testimony.

Can Foreigners Enter into a Marriage Agreement in Turkey?

Foreigners can make a marriage agreement at a notary in Turkey; however, if at least one spouse is a foreigner, the law applicable to the property regime is determined under Article 15 of the Turkish Code on Private International and Procedural Law No. 5718 (MÖHUK). Marriage contracts made by foreign nationals in Turkey involve the international dimension of private law and should be assessed within the scope of Foreigners Law.

Spouses may expressly choose, for their matrimonial property, the law of their habitual residence at the time of marriage or one of their national laws; if no choice is made, their common national law at the time of marriage applies, failing that their common habitual residence law, and failing that Turkish law (MÖHUK Art. 15/1). Stating the applicable law clearly in the contract is therefore important for the parties’ future legal certainty.

In the liquidation of assets, the law of the country where immovable property is located applies to that property (MÖHUK Art. 15/2); accordingly, immovable properties acquired by foreigners in Turkey and other rights can be included within the scope of the marriage agreement, and real estate in Turkey is liquidated under Turkish law. As for form, it is sufficient for the contract to comply with the form required by the law of the country where it was made or by the law governing its substance (MÖHUK Art. 7).

1. Can a Marriage Contract Be Prepared in a Foreign Language in Turkey?

If one of the parties to a marriage contract made at a notary in Turkey does not speak Turkish, a sworn translator must be present during the transaction (Notary Law Art. 74). At the parties’ request, the notary can translate and certify the contract in a foreign language; a separate per-page translation fee applies to this translation (Notary Law Art. 103).

For a marriage contract made abroad in a foreign language to be used in Turkey, an apostille or consular certification and a sworn translation are required. A notarised translation makes it easier to use the contract as evidence before Turkish courts and official authorities. Foreign spouses who do not read Turkish can have the Turkish text reviewed by an English-speaking lawyer in Turkey before signing, so that the translation and the contract say the same thing.

2. Is a Prenup Signed Abroad Valid in Turkey?

A prenup signed abroad is recognised as valid in Turkey if it was made in the form required by the law of the country where it was signed or by the law applicable to the property regime (MÖHUK Arts. 7, 15). However, it does not apply automatically in Turkey; the Turkish court separately examines the applicable law and the form and content of the contract.

Since Turkish law applies to the liquidation of real estate located in Turkey, if a foreign prenup is meant to cover property in Turkey as well, it is advisable to align the contract with the form and content rules of Turkish law. Alimony or custody clauses not recognised under Turkish law may not be applied in Turkey on grounds of public order. For the property-regime provisions of a divorce judgment given abroad to have the effect of res judicata in Turkey, a Turkish court must establish that the judgment meets the conditions for enforcement, that is, through the recognition of the foreign divorce procedure (MÖHUK Art. 58).

3. Which Law Governs Property Division When Divorcing a Foreign Spouse in Turkey?

When divorcing a foreign spouse in Turkey, property is divided under the law chosen by the spouses; if there is no choice, under their common national law at the time of marriage, failing that their common habitual residence law, and failing that Turkish law, while real estate in Turkey is always liquidated under Turkish law (MÖHUK Art. 15). The grounds and effects of divorce are subject to a separate rule: the spouses’ common national law applies, if they have different nationalities their common habitual residence law, and failing that Turkish law (MÖHUK Art. 14).

Spouses can therefore choose the law applicable to their property regime in a marriage contract, but they cannot choose the law governing the grounds and effects of divorce. Foreign spouses should clearly state both the law applicable to the property regime and the list of assets in Turkey in their marriage contract to prevent uncertainty in a possible divorce.

In conclusion, the validity of marriage agreements made by foreigners in Turkey requires the concurrent evaluation of more than one legal system. Both the provisions of the Turkish Civil Code and the legal systems of the parties’ home countries must be considered, and the law applicable to the property regime should be clearly stipulated in the agreement. This approach ensures the legal validity and enforceability of the marriage agreement in Turkey and prevents disputes between the parties.