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
Jurisdiction, applicable law and recognition of a decision are separate questions. A Dutch court does not automatically have jurisdiction merely because one spouse lives in the Netherlands. The spouses’ habitual residence, nationality, the type of application and any required period of residence must be assessed.
For new proceedings within its scope, Regulation (EU) 2019/1111 (Brussels II-ter) applies from 1 August 2022, subject to its transitional rules. Relevant grounds may include both spouses’ habitual residence, their last shared habitual residence if one still resides there, the respondent’s habitual residence or their common nationality. For a joint application, the habitual residence of either spouse may provide a ground. An applicant relying on their own habitual residence may need at least one year immediately before applying, or at least six months together with nationality of the Member State concerned.
These are distinct grounds, not a rule that any Dutch address is sufficient. Confirm the ground and evidence before filing. Maintenance, matrimonial property and decisions about children require separate jurisdiction checks.
Applicable Law in International Divorces
The court with jurisdiction does not necessarily apply the same law to every issue. The divorce itself, maintenance, matrimonial property, pensions and parental responsibility have separate conflict-of-laws rules. Nationalities, habitual residences, the relevant dates, existing agreements and a valid choice of law can be important.
The country where the wedding took place does not by itself determine the property regime. Ask for a separate assessment of each issue and of any transitional rules. Dutch procedural rules must also be distinguished from the substantive law governing a claim.
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? The relevant conflict-of-laws rules, dates, nationalities, habitual residences and any valid choice of law must be checked; the place of the wedding does not by itself decide the regime.
- 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 child’s habitual residence is often a central connecting factor, but exceptions and the applicable instruments must be checked. Jurisdiction over the divorce does not automatically include decisions about children.
- 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 provides a return procedure subject to conditions and exceptions. A return application is not itself a final custody decision.
- 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 instruments such as the Hague Child Abduction Convention and Regulation (EU) 2019/1111 (Brussels II-ter), 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.
Frequently Asked Questions
How do I know if the Dutch court has jurisdiction to handle my international divorce?
A Dutch court does not automatically have jurisdiction because one spouse has a Dutch address. The applicable rules may use habitual residence, nationality and the type of application. For an applicant relying on their own residence, a required period of residence may apply. Check each ground and the evidence before filing; jurisdiction over the divorce does not automatically cover property, maintenance or children.
What law applies to my international divorce and asset division?
Applicable law must be assessed separately for divorce, maintenance, matrimonial property and child matters. The relevant dates, nationalities, habitual residences, agreements and any valid choice of law may matter. The place of the wedding or Dutch jurisdiction alone does not determine the law for every issue.
What should I consider if my children live abroad or with one parent outside the Netherlands?
In cases involving children abroad, international family law rules come into play, and it’s important to seek legal advice to determine jurisdiction and the applicable laws regarding custody and visitation rights.
Why is it important to seek legal guidance in international divorces?
International divorces involve multiple legal systems and potentially conflicting laws, which can complicate matters like property division and child custody. Expert legal guidance helps ensure your rights are protected and the process runs smoothly.
