Applicable Law in Divorce Proceedings in Westland

Applicable Law in Divorce Proceedings in Westland

For residents of Westland involved in an international divorce, it is crucial to understand which law applies. This governs the rules for your divorce, including conditions, asset division, and maintenance. In the Netherlands, and specifically at the Westland District Court, EU regulations and national laws are used to determine the applicable law. This makes your divorce in Westland legally robust and internationally recognized. Contact the Westland Legal Aid Office for free advice if you have questions.

What Does Applicable Law Mean for Divorces in Westland?

Applicable law refers to the national legislation that sets the rules for dissolving your marriage. This differs from jurisdiction, which determines which court—such as the Westland District Court—is competent. For couples with foreign roots or a marriage abroad, this affects the procedure, grounds for divorce, and finances. Applying the wrong law can result in an invalid divorce. The Westland District Court applies these rules for Westland residents.

Example: You live in Westland (e.g., Monster or Kwintsheul), are Dutch, and married to a Polish partner from the horticulture sector. Which law does the Westland District Court apply? This article guides you through it. Also check our article on international divorce in Westland.

Legal Frameworks for Westland

The applicable law for divorces at the Westland District Court is governed by European and Dutch law:

• EU Regulation (EC) No 2201/2003 (Brussels IIbis): Governs jurisdiction, recognition, and enforcement of divorce judgments in the EU. The Westland District Court often applies Dutch law.
• EU Regulation (EU) No 1259/2010 (Rome III): Regulates choice of law for divorce, but the Netherlands does not participate, so it is not automatically applicable in Westland.
• Dutch law: Title 12 Book 1 DCC and Conflicts of Laws (Marriage and Divorce) Act (WCE): Article 151 DCC and Articles 5-7 WCE prioritize the law of the joint habitual residence, relevant for many expats in Westland.

Outside the EU: 2007 Hague Maintenance Convention.

Step-by-Step Guide to Applicable Law in Westland

1. Joint habitual residence at the time of the request (Article 5(1) WCE), e.g., your address in the Municipality of Westland.
2. Last joint habitual residence where one party still resides (Article 5(2)).
3. Law of common nationality (Article 5(3)).
4. Law of the forum state (the Netherlands, via Westland District Court) as a fallback (Article 5(4)).

In Westland, you can choose a connected law (Article 6 WCE), ideally via a notary or the Westland Legal Aid Office.

Examples from Westland Practice

Example 1: Both partners Dutch, lived in Italy for three years (horticulture project), now back in Naaldwijk. Westland District Court has jurisdiction; Italian law may apply (Article 5(2) WCE), with stricter requirements.

Example 2: Westland woman married to Moroccan man, both in Poeldijk. Dutch law applies primarily (Article 5(1)), but marital property regimes may differ.

Example 3: British and Brazilian expats in 's-Gravenzande. At Westland District Court: Dutch law subsidiarily, with option for choice.

Rights and Obligations in Westland

Rights:

• Request determination of applicable law from Westland District Court (Article 152 DCC).
• Automatic EU recognition (Brussels IIbis).
• Child protection via Hague Child Support Convention.

Obligations:

• Inform the court about international connections.
• Comply with the applicable law, even if stricter.
• Register the divorce with the Municipality of Westland.

Frequently Asked Questions for Westland