Foreigners' Rights to Property Regimes and Marriage Contracts in Türkiye

Introduction: The Importance of Property Regimes in International Marriages is Increasing

Marriages between foreigners and foreigners residing in Turkey are increasing. This situation is leading to the involvement of international law in matters such as property regimes , prenuptial agreements , property division , community property regimes , protection of personal property , and liquidation in case of divorce

As of 2025, Turkish law will both permit and provide ample scope for foreigners to enter into marriage contracts and determine property regimes in Türkiye. However, the incorrect selection of applicable law could lead to major disputes.

1. Can foreigners sign prenuptial agreements in Türkiye?

Yes. According to Articles 203-206 of the Turkish Civil Code:

Foreigners can enter into marriage contracts (property regime agreements) in Türkiye.

The agreement regardless of the nationality .

A. Who can do it?

Turkish + foreign spouse
Foreign + foreign spouse
Dual citizen spouses

They can all draw up a prenuptial agreement valid in Türkiye.

2. How to Draw Up a Marriage Contract?

A marital property agreement can be made in three ways:

A. Marriage Contract at a Notary Public (The most common method)

The process is carried out in the form of a notarized document.
The foreign spouse's passport is sufficient.
A sworn translator can be provided if necessary.

B. In front of the marriage officiant during the marriage ceremony

The parties can choose their property regime during the marriage ceremony.

C. After marriage

A contract can be made at any time during the marriage.

3. Which Property Regime Can Foreigners Choose?

The Turkish Civil Code allows for four different property regimes:

Community property regime (legal regime)
Separation of property
Shared property separation
community of property

Foreigners in Türkiye can freely choose one of these four regimes.

4. So, which country's laws will apply?

This is the most critical question.

According to Article 15 of the Turkish Code of Private International Law, the following order is considered when determining the applicable law in a marital property regime:

1. Choice of law by the parties (the most reliable method in practice)

The parties enter into a marriage contract:

Turkish law,
Citizenship law,
Customary residence law

can choose.

2. If there is no choice of law: The law of common habitual residence

Example:
If a Turkish-German couple lives in Germany → German law

3. If there is no common habitual residence: Common national law

Example:
If both parties are Russian citizens → Russian law

4. If none of these are available: The most strictly enforced law

5. In what situations do foreigners most commonly encounter problems when drawing up a marriage contract?

A. Failure to make a choice of law

This is the biggest mistake.
A marriage contract is prepared in Turkish, but if it doesn't specify which country's laws will apply, a dispute will arise.

B. The foreign spouse's failure to understand the contract

The contract may be considered invalid if an interpreter is not provided.

C. The contract is considered invalid if the divorce occurs in a foreign country

Some countries may not recognize foreign agreements.

D. False expectations regarding the distribution of real estate in Türkiye

In Turkey, the division of immovable property is subject to Turkish law (lex rei sitae).

6. How are the assets of foreigners in Türkiye divided after a divorce?

A. Real Estate

Real estate located in Turkey must be divided according to Turkish law .
A foreign court cannot make a decision on this matter.

B. Movable and other assets

The applicable law is determined according to the contract or Article 15 of the Private International Law Act.

C. Company shares

The spouses' shares in the partnership can also be considered within the scope of the property regime.

7. Which property regime applies if a prenuptial agreement is not made?

Default property regime:

It is the regime of participation in acquired property.

Therefore, in cases where foreigners residing in Türkiye do not enter into a contract, the provisions of Articles 218–241 of the Turkish Civil Code apply.

8. Is a marriage contract made in Türkiye valid in foreign countries?

This question is very important.

The validity of a contract made in Türkiye in a foreign country depends on the following factors:

The country's recognition and enforcement system,
Public order,
Property regime regulations,
Formal requirements.

For example, Germany, France, and the Netherlands generally recognize Turkish conventions; however, the situation may differ in US states.

9. The Most Common Mistakes

Mistakes made by foreign nationals during marriage contract processes:

Not making a legal choice,
Not using an interpreter,
"To assume it's valid in every country"
Trying to regulate property sharing through a protocol,
Specifying the property regime in the divorce agreement (to be considered separately),
Forgetting to have a foreign court decision recognized in Türkiye.

10. What is the purpose of a prenuptial agreement in divorce proceedings?

It eliminates property division lawsuits,
It shortens the trial period,
It defines the rights of the parties in advance
It reduces arguments,
It provides a secure framework for international disputes.

By 2025, prenuptial agreements will have become a fundamental part of international family law consultancy.

Conclusion: For foreigners, entering into a prenuptial agreement in Türkiye is a strong and secure legal tool

Turkey is a country that allows foreigners to enter into marriage contracts.
A properly drafted contract:

Property division,
Foreign court proceedings,
Inheritance disputes,
Risks in international family law

It reduces it significantly.

Therefore, for both Turkish citizens and foreigners, a marriage contract is one of the most effective legal protection methods.

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