An international divorce arises when spouses have different nationalities or reside in separate countries. This brings complicated issues regarding the competent court and the applicable law.
When is There an International Divorce?
A divorce takes on an international character if:
- Spouses have different nationalities
- Spouses live in different countries
- The marriage was solemnized outside the Netherlands
- Assets or property are located abroad
Which Court Has Jurisdiction?
Within the EU, the Brussels IIter Regulation applies. The Dutch court, such as the District Court of The Hague (district for Zoetermeer), may have jurisdiction if:
| Basis | Explanation |
|---|---|
| Habitual residence | Both spouses reside in the Netherlands |
| Last joint residence | One of the partners still resides there |
| Residence of the defendant | The respondent resides in the Netherlands |
| Joint petition | One of the partners has residence in the Netherlands |
| Nationality | Both spouses are Dutch nationals |
Which Law is Applied?
The Dutch court does not automatically apply Dutch law. This is determined by factors such as:
- The habitual residence of the spouses
- A shared nationality
- The closest connection to a particular country
- An optional choice for a specific legal system
Recognition of a Foreign Divorce
A divorce pronounced abroad must be recognized in the Netherlands to be valid here. Within the EU, this happens automatically, but for non-EU countries, additional conditions may apply.
Specific Key Points
- Children: The Hague Convention on Child Protection governs the applicable law
- Maintenance: A specific EU regulation applies to maintenance issues
- Division of assets: Matrimonial property law may fall under a different legal system
Can I decide for myself where to divorce?
In some cases, multiple courts have jurisdiction (forum shopping). The court approached first obtains exclusive jurisdiction. It can be strategically advantageous to divorce in a specific country due to more favorable rules on maintenance or division of assets.What if my partner lives outside the Netherlands?
The court, such as the District Court of The Hague, can summon your partner abroad. The time limits are longer in that case. If there is no response, the court may issue a default judgment.Is my foreign divorce accepted in the Netherlands?
Divorces from EU countries are recognized directly. For divorces from other countries, registration with the municipality is required, which may be refused in case of an unfair process or conflict with public order.Frequently Asked Questions about International Divorce
What is an international divorce?A divorce with a foreign element, such as nationality or residence. Which law applies?
This depends on factors such as residence and nationality. Where can I divorce?
Often in the country where one or both partners reside. Is a Dutch divorce recognized abroad?
Within the EU usually yes, outside the EU depending on local legislation. Do I need a lawyer?
A specialist in international family law is strongly recommended, for example via the Juridisch Loket Zoetermeer.
In Short
International divorces are complex and often require legal expertise.Key Points
- Residence is often decisive- Automatic recognition within the EU ### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation