An international divorce occurs when partners have different nationalities or reside in separate countries. This raises complicated issues regarding the competent court and the applicable law.
When is a Divorce Considered International?
A divorce is considered international if:
- The partners do not have the same nationality
- The partners live in different countries
- The marriage was solemnized outside the Netherlands
- There are assets abroad
Which Court Has Jurisdiction?
Within the EU, the Brussels IIter Regulation is followed. The Dutch court, such as the District Court of The Hague, may have jurisdiction if:
| Criterion | Explanation |
|---|---|
| Habitual residence | Both partners reside in the Netherlands |
| Last joint residence | One of the partners still resides there |
| Residence of the respondent | The respondent resides in the Netherlands |
| Joint application | At least one partner resides in the Netherlands |
| Nationality | Both partners are Dutch nationals |
Which Law is Applied?
The Dutch court does not always apply Dutch law. This is determined by factors such as:
- The habitual residence of the partners
- A shared nationality
- The closest connection to a country
- A choice of law made
Recognition of a Foreign Divorce
A divorce pronounced abroad must be recognized in the Netherlands to be valid here. For EU countries, this happens automatically, but for non-EU countries, additional requirements apply.
Specific Considerations
- Children: The Hague Child Protection Convention governs the applicable law
- Maintenance: A specific EU regulation applies to maintenance issues
- Matrimonial property regime: Matrimonial property law may fall under a different legal system
Can I choose where to apply for a 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 property division.What if my partner resides abroad?
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 grant leave to proceed in default and still make a decision.Is my foreign divorce accepted in the Netherlands?
Divorces from EU countries are recognized directly. For divorces from other countries, you must have them registered with the municipality, which may be refused if the procedure was not fair or contravenes Dutch public policy.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 the residence and nationality of the partners.
Where can I get divorced?
Usually in the country where you reside, such as the Netherlands via the District Court of The Hague.
Is a Dutch divorce recognized?
Yes, within the EU it is automatically recognized.
Is a lawyer necessary?
Engaging a specialist in international family law is strongly recommended.
Summary
International divorces are complex; consult an expert, for example via the Juridisch Loket Westland.
Key Points
- Residence plays a major role in jurisdiction
- Recognition within the EU is often automatic