According to TURKSTAT data, marriages decreased by 2.9 percent in 2018, while divorces increased by 10.9 percent when compared to the previous year. According to statistics, 37.6 percent of divorces take place in the first five years of marriage and 20.4 percent take place within 6 to 10 years of marriage.
As the marriage season opens in these months, the issue of the marriage contract that has attracted the interest of the public in recent times is also on the agenda. It is possibly the outcome of the fact that moral values predominate our society, which gives people the impression that the marriage contract undermines the trust between two people, and with this contract, and that people who promise to "be together in health in illness" want to secure their own financial gains independently in their own favor. On the contrary, this practice, which is normalized in the American Legal System, provides an atmosphere of assurance in marriage if it is carried out by a qualified family lawyer.
Since it is widely discussed about, but people do not have full knowledge about it, it is necessary to elaborate what the marriage contract is, what are the conditions of validity and application areas. The contract called "marriage contract" is actually a "property regime contract" in our country. The said contract may be concluded between the spouses before getting married, at the time of getting married or during the post-wedding period, in a manner that is not contrary to the law and the general code of ethics. In this way, couples come to an agreement on how to share their property. The legal validity of the agreement depends on the notarization of the agreement between the parties. With marriage, couples may decide on one of the four types of property regimes according to the legislation in force: the regime of participation in the acquired property, the division of property regime, the division of shared property and the property partnership regime…
According to the legislation in force since 01.01.2002, if the couples who decide to marry do not make a declaration about the property regime while carrying out official transactions, the rules regarding "the regime of participation in acquired property" shall apply. Acquired property is the value of each spouse's assets obtained via repayment during the continuation of this property regime. According to the limits established by the Law, the property acquired by a spouse are:
The acquisitions as a result of work, the payments made by the social security or social assistance institutions and by organizations or charities established for the purpose of assisting the personnel, the compensation paid due to the incapacity to work, income from personal assets… All of these values are considered to be acquired property.
The marriage contract, which is not very common in our traditional society, rather becomes a highlight especially in the case of marriage of businessmen who are in charge of the management of family companies, or if famous singers and actors happen to share the income from their work with their spouses. For example, as stated in the Law, even the rent of an apartment acquired by the person before the marriage is considered acquired property when s/he gets married; in this respect, even the income from previous investments is divided with the regime of participation in acquired property.
In general, the point at which legal support is sought by the parties is when parties want to make arrangements in order to protect both parties legally so as not to damage the opposite party or the existing relationship in this matter. At this stage, with the support of an expert family lawyer, it will be understood that the contract does not create a situation of insecurity as it is made out to be, but that, on the contrary, love and respect become the primary factors in a relationship where assurance is established.
Eventually, it is normal that not everything goes as it is intended, and it is a fact that the parties may have brutal demands from each other when they end the unity of marriage. For this reason, divorce, which is a natural process just like marriage, is perhaps the sharing point of the goods which, perhaps, wear people out the most. The existence of a marriage contract made with the help of an expert family lawyer, and which protects the rights of both parties, will be instrumental in relieving this painful process to some extent.
Since each newly married couple will form a new family institution, the terms of the marriage contract should be determined according to the parties and rearranged according to each couple. In marriage, which is a contract in itself, the marriage contract should not be seen negatively in our society as it is now. Even if just one of the parties has a problem about this in case of marriage, this problem should be solved with the support of a qualified lawyer.
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