In my opinion, even talking about divorce creates a foggy and dishonest environment for couples. It gets even more complicated if each member of the couple has assets of her/his own. Of course it is a sad fact that marriage, which should be a lifelong experience, turns out to be a depressing process for couples when it ends prematurely.
While it is definitely our responsibility to help create a better and more enjoyable environment for couples, as lawyers it is also our responsibility to find solutions for them. A prenuptial agreement is one of those solutions. The need for such a contract is increasing, and they make the undesirable situation of divorce slightly less problematic.
As I wrote in the title, divorce and prenuptial agreements are still favorite topics. I have received many emails regarding prenuptial agreements, so I think it is worth writing about it one more time. One reader's email is as follows:
"Dear Mr. Cektir,
I will soon get married here in Turkey with a Turkish citizen, and we plan to live here in the future. I know it is not the norm in Turkey to make a prenuptial agreement, but I come from a country where 90 percent of couples do go to a notary to sign a marriage contract before they tie the knot in order to make their life/assets secure in case of a divorce.
Could you please tell me what the current marital property law is in Turkey and what options are available if you want to make a pre-nuptial agreement? I have a very hard time finding information about this matter in a language other than Turkish.
Here is my situation to be more precise.
My future husband owns a hotel and has been running it for the last seven years. Last year, I quit my job to come and live with him and since then, I have helped him run the hotel. I didn't invest anything in terms of money or equipment, but I have and will continue to invest a lot of my time, ideas and energy on this hotel.
If I understand Turkish law, I cannot claim anything from the hotel in case of a divorce as he has bought the property prior to marriage. However, if we get a divorce, I will be left with nothing and no job as I gave up my career to come and help him to run his family hotel. Or could I possibly ask for 50 percent of the increase in value of the property/business since we will work together as a couple? Please let me know what Turkish law says in this type of situation.
Thank you very much in advance for your help in this matter.
I apologize in advance if this subject has already been covered in your column. Best regards."
As my dear reader wrote in the email, I covered this issue previously, but it would not hurt anyone if I write one more time. It is possible to make a prenuptial agreement under the Turkish Civil Code, and prenuptial agreements are quite popular among couples.
There are two types of marital asset division schemes that you can use for your prenuptial agreement. The first is the basic marital asset scheme, which is also referred to as the legal asset scheme under Turkish law. The second type is the contractual estate scheme, which is divided into three branches.
The spouses are allowed to choose one of the marital asset schemes specified by the Turkish Civil Code. If the spouses cannot agree on one of the options, then they will be subject to the general "participation in the acquired assets" principle governing the marital assets. However, it is always possible to choose another scheme during the course of the marriage.
The legal marital asset scheme classifies the assets according to the way they are acquired; the first type is a personal asset, and the second type is an acquired (marital) asset. The assets owned prior to the marriage are considered personal assets according to this scheme and are not considered part of the disputed assets in a divorce case. However, as a general rule, the assets belonging to both of the spouses are deemed "acquired assets," and the party claiming such assets to be personal is under the burden of proof.
To briefly answer your specific question regarding the hotel, your and your husband's salary and the profits you earn through your business transactions are deemed acquired assets. The earnings you make from the hotel that your husband owns are acquired assets and whatever he purchases with that money or contributes to the hotel to raise its quality also will be deemed acquired assets. However, the hotel will be your husband's personal asset according to the legal asset regime.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender..DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
