A divorce is a major event, and when an international aspect comes into play, it can significantly complicate the process. International divorces often involve multiple legal systems, different countries, and sometimes conflicting laws. At Arslan Lawyers, we have extensive experience in international family law and offer expert guidance during these complex procedures. In this article, we outline the steps and considerations that are important in an international divorce.

What Is an International Divorce?

An international divorce occurs when one or both partners come from different countries, when you and/or your partner live abroad, or when cross-border assets or children are involved. Some examples of situations where an international divorce is relevant:

• You were married abroad, but want to divorce in the Netherlands.
• You and/or your partner live in a different country.
• One of the spouses has a foreign nationality.
• You own joint property in multiple countries, such as real estate.
• Your children live partly abroad or with one parent outside the Netherlands.

In all these cases, international family law plays an important role, and it is essential to seek good advice to prevent problems and legal complications.

Jurisdiction of the Dutch Court

The first step in an international divorce procedure is to determine which court has jurisdiction to handle your case. The Dutch court may have jurisdiction in various situations:

• Both parties live in the Netherlands. In this case, the Dutch court is almost always competent to pronounce the divorce.
• You or your partner live in the Netherlands. If one of the partners lives in the Netherlands, the Dutch court may also have jurisdiction, even if the other partner lives abroad.
• Joint request for divorce. When you and your partner jointly file for divorce, only one of you needs to live in the Netherlands.
• Partner lives abroad. If you or your partner have been living in the Netherlands for longer than 12 months, you can unilaterally apply for the divorce in the Netherlands. If you have Dutch nationality, a period of six months applies.

Applicable Law in International Divorces

In international divorces, it is important to determine which law applies. This can vary by subject. For example, Dutch law may apply to the divorce itself, while the law of another country may apply to the distribution of assets or alimony. Here are some guidelines:

• Divorce: The law of the country where the divorce is being applied for often applies to the divorce itself. If the divorce is being applied for in the Netherlands, Dutch law applies to the procedure.
• Asset Distribution: The applicable law on the division of assets depends on the matrimonial property regime that applies. This could be Dutch law, but it could also be the law of the country where you were married or where you lived during the marriage.
• Alimony: For alimony, the law of the country where the recipient (the person receiving the alimony) lives usually applies.
• Children: When making decisions about the care of the children, the main rule is that the law of the country where the children have their habitual residence applies.

International Asset Distribution

An important factor in international divorces is the distribution of assets, especially when these are in multiple countries. This may concern real estate, bank accounts, or other properties located across different jurisdictions. The following considerations are important:

• Assets abroad: When dividing foreign assets, the laws of the country in which the property is located must be taken into account. Sometimes this can lead to contradictions between Dutch law and the law of the other country.
• Marital Property Regime: Have you agreed to a prenuptial agreement, or did you marry in community of property? This question may depend on the country in which you were married, or the country in which you live.
• Pension Distribution: In international divorces, the distribution of pensions can also be complex, especially if pension rights have been built up in multiple countries.

Child Matters in International Divorces

When children are involved in an international divorce, the legal process can become extra complicated. The question of where the children are going to live, which parent gets custody, and how the visitation arrangements are arranged, is determined by international conventions and the family law of the countries involved.

• Custody and Visitation: In international divorces, the care of children remains an important aspect. The place where the children usually live, determines which country has jurisdiction to make decisions about custody and visitation.
• International Child Abduction: If one parent moves abroad with the children without the other parent’s permission, this can be seen as international child abduction. The Netherlands is a party to The Hague Convention on Child Abduction, which arranges for abducted children to be quickly returned to their habitual residence.
• Travel Arrangements: In international divorces, it is important to make good arrangements about travelling with the children abroad. This prevents conflicts or legal complications later.

Recognition of Foreign Decisions

When a foreign court makes a ruling on, for example, the divorce or alimony, it is important that this ruling is also recognized in the Netherlands. Conversely, a Dutch divorce decree might need to be recognized abroad. The recognition of foreign decisions can be complex and depends on international treaties and bilateral agreements between countries.

Why Arslan Lawyers?

At Arslan Lawyers, we have extensive experience with international family law and guide you through every step of your international divorce. Whether it’s about the distribution of cross-border assets, child matters, or alimony, we offer you expert advice and make sure your rights are protected in both the Netherlands and abroad. Our lawyers have deep knowledge of international treaties like The Hague Convention on Child Abduction and the Brussels IIbis Regulation, and collaborate with foreign legal experts where needed.

Our Services in International Divorces:

• Advice on jurisdiction and applicable law.
• Guidance in the distribution of international assets.
• Calculation and retrieval of alimony with international aspects.
• Assistance with custody disputes and visitation arrangements across borders.
• Recognition and enforcement of foreign judicial decisions in the Netherlands.
• Protection against international child abduction.

Conclusion

An international divorce brings unique challenges, but with the right legal support, you can overcome these obstacles. At Arslan Lawyers, we offer tailored solutions for complex, cross-border divorces, taking into account both your legal and personal situation.

Do you have questions about an international divorce? Contact Arslan Lawyers today for a no-obligation consultation.