Article 3 MÖHUK – Change of Nationality or Residence
Article 3 MÖHUK, in Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK), deals with a change of the connecting factor over time (değişken ihtilâf). If the applicable law depends on nationality, domicile or habitual residence and these have changed, which moment counts? Unless a specific rule says otherwise, the date the case is filed. For people who moved from Turkey to Germany or the Netherlands and later changed nationality, this date can change which law governs the case.
Article 3 MÖHUK – text
Unofficial translation:
Change of connecting factors
Article 3 – (1) Where the applicable law is determined by nationality, domicile or habitual residence, the nationality, domicile or habitual residence on the date the action is brought shall be decisive, unless otherwise provided.
Original Turkish text:
Değişken ihtilâflar
MADDE 3 – (1) Yetkili hukukun vatandaşlık, yerleşim yeri veya mutad mesken esaslarına göre tayin edildiği hâllerde, aksine hüküm olmadıkça, dava tarihindeki vatandaşlık, yerleşim yeri veya mutad mesken esas alınır.
The current text on mevzuat.gov.tr shows no amendment note for this article (as of October 2026).
Legislative reasoning
According to the reasoning attached to the government bill, the article partly corresponds to Article 3 of the former Law No. 2675. The rule itself was not changed; the term “ikametgâh” was replaced by “yerleşim yeri” (domicile) to match the Turkish Civil Code.
Explanation
Article 3 is purely a timing rule. It does not say which connecting factor applies; the relevant conflict rule in MÖHUK does that for each subject. Article 3 only says at what point in time that factor is assessed.
The answer is the filing date, but only “unless otherwise provided”, and there are several exceptions. Matrimonial property looks to the time of the marriage (Article 15(1) MÖHUK), and so do capacity and conditions to marry (Article 13(1) MÖHUK). Article 3 therefore always has to be read together with the conflict rule that applies to the dispute.
Practical points for people living abroad
MÖHUK has no special timing rule for divorce. Article 14(1) MÖHUK refers to the spouses’ common national law and, if they have different nationalities, to the law of their common habitual residence. The situation on the filing date is therefore decisive.
An example: two Turkish citizens married in Turkey and moved to Germany. One spouse gave up Turkish citizenship and is now only German. On the filing date the spouses have different nationalities; if their common habitual residence is in Germany, a Turkish court applies German law to the divorce (Articles 3 and 14(1) MÖHUK). If the same spouse had acquired German citizenship while keeping Turkish citizenship, the result is different: for the Turkish court, that spouse’s national law is Turkish law (Article 4(1)(b) MÖHUK).
For matrimonial property, a later change of nationality does not in principle change the applicable law, because the time of the marriage counts (Article 15(1) MÖHUK). Spouses who acquire a new common law after the marriage may submit to that new law, without prejudice to the rights of third parties (Article 15(3) MÖHUK).
How a Turkish court applies foreign law is explained in Article 2 MÖHUK – Foreign Law in Turkish Courts; general information is on the family law page.
Frequently asked questions
Which law governs a divorce after a change of nationality?
The nationality and habitual residence on the date the case is filed (Articles 3 and 14(1) MÖHUK).
Does changing nationality after the wedding affect the matrimonial property regime?
In principle, no. Matrimonial property is governed by the national law or habitual residence at the time of the marriage (Article 15(1) MÖHUK); submitting to a new common law later is dealt with separately (Article 15(3) MÖHUK).
Sources
Questions about your case
If you would like to know how a change of nationality or residence affects the law a Turkish court would apply to your divorce, property or other matter, you can choose a meeting date on the appointment page, online by video, by phone or in person in Düsseldorf. You can send a written question through the contact form. Meetings are held in Turkish and cover only the Turkish law side of the matter (§ 206 BRAO); questions on German or Dutch law should go to a lawyer admitted there. It helps to have the date of the marriage, the dates of any naturalisation or loss of citizenship, and where the spouses have lived and since when.