Cross-Border Division of Matrimonial Property
Matrimonial Property Regimes and Division of Property
Private International Law / Recognition and Enforcement
Prepared by: Constantinople
How Are Divorce Law and Matrimonial Property Law Distinguished?
The law governing divorce need not be the same as that governing liquidation of matrimonial property. Article 15 MÖHUK is assessed by reference to connections such as choice of law, common nationality at marriage and common habitual residence. The law of the country where real property is located also matters in its liquidation. One spouse being Turkish or a home being in Türkiye therefore does not, by itself, determine the entire matrimonial property calculation.
How Should Assets in Different Countries Be Listed?
Real property, bank accounts, investments, pension values and company shares are recorded separately with the country, legal owner, acquisition date, funding source and debt information. A spouse's personal shareholding is distinguished from assets owned by the company. Being registered as owner in a foreign land register is not the same as having a monetary claim against a spouse. Actual transfers between company and personal accounts are also examined to prevent double counting.
The Court and Implementation of Its Judgment Are Planned Together
How a judgment obtained in Turkish proceedings can be used against property in another country should be considered from the outset. The scope of any foreign proceedings, financial order or previous agreement must not be concealed. Recognition or enforcement options and country-specific registration and enforcement procedures may require separate research. Where necessary, responsibilities and information sharing with a lawyer in the relevant country are clearly arranged.
How Is the Documentation and Valuation Chain Built?
The complete matrimonial agreement, dates relating to nationality and centre of life, foreign judgments, banking documents and registry records are prepared together. Translation and certification requirements depend on the document and the procedure for which it will be used. Valuation of the same asset at different dates or in different currencies is considered alongside contributions and debts. A general account of 'equal division' in one country is not copied directly into a claim in another.