Separation Of Property Agreement
Where is the Separation of Property Agreement made?
The property regime agreement is made by the couples who will make a marriage contract, after choosing the appropriate property regime for themselves, to have it issued or approved by a notary public.
How to Make a Separation of Property Agreement at a Notary Public?
For those who wonder “How to make a separation of property regime contract at the notary”, let’s talk about what can be done here. A marriage contract prepared in advance can be approved at the notary public. It can also have a new marriage contract drawn up from scratch at the notary public. Identities and passport photos of the spouses are requested for the marriage contract process at the notary public.
Who Can Make a Marriage Contract?
The marriage contract can be signed by persons with the power of discernment. For minors and those restricted in terms of mental illness or mental weakness, the permission of the guardian or legal representative must be obtained.
When is the marriage contract concluded?
Let’s answer the question of when the separation of property agreement is made. The marriage contract can be made during the marriage application. When applying for marriage, the document obtained from the notary before marriage must be attached to the marriage application documents.
For those who wonder if a separation of property agreement is made after marriage, let’s say that the contract can also be signed after marriage.
You can also check this article for post-marriage procedures: Official Actions to be Taken After Marriage
How Long is the Validity of the Separation of Property Agreement?
For those who wonder what is the validity period of the marriage contract, let us say that the chosen property regime will end in the event of the death of one of the spouses or the adoption of another property regime.
Is it Possible to Cancel the Separation of Property Agreement?
Yes, it is possible. The parties can choose, abolish, change the property regime they want within the limits written in the law.
Separation of Property Agreement
…/…/…., … … born … registered in the population of … and … … born … registered in the population of … … have agreed to be subject to the Separation of Property Regime within the framework of the following provisions:
1- Each spouse shall have the right to manage, benefit and dispose of his/her own property within the legal limits.
2- The spouse who claims that a certain property belongs to him/her shall be obliged to prove his/her claim. Goods whose ownership cannot be proved shall be deemed to be the shared property of the spouses.
3- Each spouse shall be liable for his/her debts with all of the property belonging to him/her.
4- In case of the termination of the property regime, each spouse shall recover the property in the possession of the other spouse. In addition, the spouse who proves that he/she has a superior interest, among other measures, may request that the property in our shared property be given to him/her by giving the equivalent of the other’s share on the day of payment.
5- This contract has been drawn up and signed between the spouses on …/…/….
Name Surname Name Surname
Signature Signature