Full Mutability Doctrine - property relations between spouses are governed by their latest domicile, whether acquired before or after the marriage. This is also the norm in England, except for a few cases where severe injustice results from a harsh application. In those cases, the court also examines whether newly acquired property can be traced back to property owned before the change. Sony VAIO VGN-AW83HS Battery
Immutability Doctrine - the original personal law of the parties at the time of marriage continues to govern all property including subsequently acquired property, regardless of a later change in domicile or nationality. This is the Continental approach in France, Germany and Belgium. Also, with certain reservations, see Art. Sony VAIO VGN-AW90NS Battery
7 of the 1976 Hague Convention on Marriage and Matrimonial Property Regimes. Also in Israel: “property relations between spouses shall be governed by the law of their domicile at the time of the solemnization of the marriage, provided that they may by agreement determine and vary such relations in accordance with the law of their domicile at the time of making the agreement”. Sony VAIO VGN-AW90S Battery
Note that the Israeli application of the Immutability Doctrine does not distinguish between personal and real property. Both are subject to the law of domicile at marriage.
Partial Mutability or Mutability of New Acquisition - this is the American approach to conflicts of law in matrimonial property division cases. Sony VAIO VGN-AW90US Battery
All movable property acquired during the marriage is subject to the parties’ domicile law at the time of acquisition, and not that of the original or intermediate domicile. What was acquired before the marriage is governed by the law of the parties' domicile at the time of marriage. Thus, if rights vested in a property when and where it was purchased, it would not be adversely affected by a later change of domicile. Sony VAIO VGN-AW91CDS Battery
Lex Fori - In many cases, courts simply avoid this complicated and expensive analysis by applying their local law to the parties' entire property, even if there is a foreign element. This is based on the assumption that laws around the world are basically similar in their treatment of marriage as a co-partnership. Sony VAIO VGN-AW91CJS Battery
Since the partnership can be placed in the forum, the forum’s law applies to all its aspects.
Note that Lex Fori also applies to all procedural relief (as opposed to substantive relief). Thus, issues such as the ability to grant pre-trial relief, procedure and form, as well as statutes of limitations are classified as “procedure” and are always subject to domestic law where the divorce case is pending. Sony VAIO VGN-AW91CYS Battery
Unlike marriage which has an international recognised legal status, there are no international treaties on recognition of unmarried couple's legal status. If an unmarried couple change residence to different countries, then the local law on where the couple is last domiciled is applied to them. Sony VAIO VGN-AW91DS Battery
This covers, legal; status of the relationship, rights, obligations and all worldwide movable and immovable property. To otherwise interpret the law would mean if the unmarried couple had assets in several different countries, they would then need separate legal cases in each country to resolve all their movable and immovable property. Sony VAIO VGN-AW91JS Battery
Many contracts and other forms of legally binding agreement include a jurisdiction or arbitration clause specifying the parties' choice of venue for any litigation (called a forum selection clause). Then, choice of law clauses may specify which laws the court or tribunal should apply to each aspect of the dispute. This matches the substantive policy of freedom of contract. Sony VAIO VGN-AW91YS Battery
Judges have accepted that the principle of party autonomy allows the parties to select the law most appropriate to their transaction. Obviously, this judicial acceptance of subjective intent excludes the traditional reliance on objective connecting factors, but it does work well in practice. Generally, when the court is to apply a foreign law, it must be proved by foreign law experts. Sony VAIO VGN-AW92CDS Battery