PROPERTY SEPARATION AGREEMENT
PROPERTY SEPARATION AGREEMENT
Contract Date: [Day/Month/Year]
Contract No: [Number, if any]
This Separation of Property Agreementbetween the parties whose details are provided below, the relevant provisions of the Turkish Civil Code No. 4721 and related legislation , to regulate the rights and obligations of the parties regarding the management and disposition of their assets during and after the marriage.
1. PARTIES
1.1 First Party (One of the Spouses)
- Name and Surname: [First Party's Name]
- Turkish Republic Identity Number: [XXXXXXXXX]
- Address: [Address]
- Phone: [XXXXXXXXX]
- Email: [XXXXXXXXX]
1.2 The Second Party (The Other Spouse)
- Name and Surname: [Name of the Second Party]
- Turkish Republic Identity Number: [XXXXXXXXX]
- Address: [Address]
- Phone: [XXXXXXXXX]
- Email: [XXXXXXXXX]
The parties will be referred to as "Spouses" in this agreement .
2. SUBJECT OF THE AGREEMENT
The subject of this agreement is for the parties to declare that they have chosen the "separation of property regime" as their property regime during and after the dissolution of the marriage, and to determine the relevant regulations.
Separation of Property Regime:
- The spouses agree to manage and protect their respective assets separately throughout the marriage.
- Each party has full rights to dispose of its own immovable and movable property, bank accounts, income, and other assets registered in its name.
- One party may freely dispose of their property without the consent of the other spouse.
- When a marriage ends, neither party can make any claims or demands on the other's assets or compensation.
3. PRINCIPLES OF SEPARATION OF PROPERTY
- Ownership and Management: The parties shall separately exercise the rights of ownership, management, and income from the assets registered in their names .
- Debts and Responsibilities: Each spouse shall be personally responsible for debts incurred in their own name and shall not be liable for the debts of the other spouse.
- Donations and Inheritance Rights: One spouse may make a donation or grant inheritance rights to the other spouse regarding their own assets, but this must be done in writing.
- Household and Family Expenses: The parties shall contribute voluntarily to expenses incurred for the maintenance of family unity during the marriage .
4. IMPLEMENTATION OF SEPARATION OF PROPERTY
- Neither spouse may claim any rights to the other spouse's assets.
- Either party may freely sell, transfer, or lease any immovable or movable property acquired in its name.
- Spouses can open separate bank accounts and conduct their individual financial transactions in their own names during their marriage.
- The parties may conduct financial transactions with third parties without needing the consent of the other spouse.
5. PROPERTY DIVISION IN CASE OF DISSOLUTION OF MARRIAGE
- In the event of divorce or termination of marriage for any reason, the parties shall retain all assets registered in their own name.
- Assets acquired during marriage shall remain the property of the spouse in whose name they are registered.
- If the parties do not provide written documentation specifying who acquired the property jointly during the marriage , it will be presumed that the property belongs to a specific individual .
- In the event of divorce, neither party can claim property division or compensation from the other spouse.
6. CHANGE OF PROPERTY REGIME
- The parties may change their property regime by mutual agreement at a later stage .
- If a new property regime is chosen, this must be registered before a notary or by a court decision.
7. RESOLUTION OF DISPUTES
- The parties shall endeavor to resolve any disputes arising from this agreement primarily through negotiation.
- In disputes that cannot be resolved between the parties, the [City] Family Courts have jurisdiction.
8. FINAL PROVISIONS
- This agreement [X] copies and has been read and signed by the parties.
- Neither party may make changes to the terms of this agreement without written consent.
- The parties declare that they accept the terms of this agreement.
FIRST PARTY (One of the Spouses)
Name-Surname: [Name]
Signature: __________
SECOND PARTY (Other Spouse)
Name and Surname: [Name]
Signature: __________