About the Marriage Contract
About the Marriage Contract
You can easily access all the information you are curious about regarding the marriage contract through this content. In recent years, marriage contracts made between couples who are about to get married have become extremely popular. By carefully reading our content, you can learn all the details such as how a marriage contract is made and how it can be canceled by an Izmir family lawyer.
What Is a Marriage Contract?
A marriage contract is an agreement made between spouses before or during marriage that contains provisions regulating marriage, divorce, and post-divorce procedures. The marriage contract essentially regulates how property will be distributed after divorce, that is, which system the spouses’ assets belong to. Although freedom of contract is the general rule, spouses do not have unlimited freedom in determining the type of property regime. For this reason, in this article we will focus on the determination aspect of the property regime in marriage contracts.
How Is a Marriage Contract Made?
What is meant here is actually the formal requirement of the property regime contract. In our legal system, spouses may conclude a property regime contract by submitting a written declaration to an authorized officer before marriage, or after marriage with notarization or approval by a notary public. The contract is signed by the husband and wife and, if necessary, by their legal representatives. It is seen that the contract complies with the official format requirements. Although pre-marriage notifications to public officials are made in the usual written form, they follow an official procedure. Other than this, no other authority or institution has the power to prepare or approve property regime contracts.
When Is a Marriage Contract Made?
A property contract may be made with the consent of the parties before or after marriage. As we all know, a marriage contract is made before a notary public in the presence of the parties. The property regime contract concluded before a notary may be executed by issuance or approval. In addition, the parties may also declare in writing which property system they prefer while applying for marriage.
Where Is a Marriage Contract Made?
It is a mandatory element that the property regime contract concluded before a notary public be signed by all parties. Without the signature of any one of the parties, the relevant contract shall be deemed legally invalid. If a contracting party is a minor or has limited capacity, the legal representative must sign the contract.
How Is a Marriage Contract Canceled?
According to the laws currently in force, if the spouses did not choose a property regime between themselves at the stage of marriage, the regime of participation in acquired property is applied. If the spouses have not preferred another property regime, it is known that the regime of participation in acquired property is valid. However, a spouse may always accept the previous or another property regime in order to conclude a contract under a new property regime.
However, in some cases, upon the request of one of the spouses, the acquired property regime may be changed to separation of property.
In order to switch to separation of property, the spouses must be able to prove the existence of a justified reason.
These reasons may include the following:
If the other spouse’s assets and liabilities or shares in the partnership decrease, if the interests of the other spouse, the claimant, or the partnership are endangered; if the other spouse does not consent to the unjustified transfer of partnership property; if the other spouse does not provide information to the requesting spouse regarding assets, income, debts, or partnership property; if the lack of capacity of another partner continues. If the party who decided to accept the joint enterprise goes bankrupt, there is no need to file a separate lawsuit, and the partnership automatically turns into separation of property. Likewise, if a creditor who initiates enforcement proceedings against one of the spouses who accepted the community of property suffers damage in the execution of the seizure, the creditor may request the judge to decide on separation of property.
If one of the spouses is frequently deprived of the power of discernment, the legal representative may also request a decision for separation of property on this ground.
If the reasons for property division cease to exist, the judge may decide to reinstate the former property regime upon the request of one of the spouses.