Matrimonial Property Regimes and Division of Property

Prepared by: Constantinople

In a property dispute connected with Türkiye and Ukraine, divorce law should not be applied directly to every asset. Article 22 of the bilateral agreement requires separate examination for spouses' personal and financial relations. If one spouse is Turkish and the other Ukrainian, the law of the contracting country of shared domicile matters. If one resides in Türkiye and the other in Ukraine, the special connection to the last shared domicile is considered.

If these spouses never had a shared domicile in either contracting country, the relevant treaty provision points to the law of the country of the court hearing the case. However, applicability to the persons and facts must first be established. Dual nationality or residence in a third country cannot be resolved by one general sentence. A monetary claim also differs from ownership or another right in rem; Article 27's rule concerning the asset's location is assessed with that distinction in mind.

Following a paid review, we identify in writing the connections requiring investigation using marriage and relocation dates, nationalities, any matrimonial property agreement and the country of each asset. One should not conclude that 'half the assets will be received' before identifying the law of calculation. If Turkish law applies, personal property, acquired property, debts and contributions are calculated separately. General MÖHUK rules and the agreement's special provisions cannot be used interchangeably without distinction. Chronological shared residence periods and funding sources for each acquisition help establish the correct connection.