A divorce is a major event, and when there is an international aspect involved, it can make the process significantly more complicated. International divorces often involve multiple legal systems, different countries and sometimes conflicting laws. At Arslan Advocaten we have extensive experience in international family law and we offer expert guidance during these complex procedures. In this article we explain which steps and considerations 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 in which an international divorce is relevant:
- You are married abroad, but want a divorce in the Netherlands.
- You and/or your partner live in another country.
- One of the spouses has a foreign nationality.
- You have joint property in several 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 obtain good advice to avoid problems and legal complications.
Jurisdiction of the Dutch Judge
The first step in an international divorce procedure is to determine which judge is competent to hear your case. The Dutch court may have jurisdiction in different 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 petition for divorce.If you and your partner submit a request for divorce together, only one of you needs to live in the Netherlands.
- Partner lives abroad.If you or your partner have lived in the Netherlands for more than 12 months, you can unilaterally apply for 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 may differ per subject. For example, Dutch law may apply to the divorce itself, while the law of another country may apply to the division of assets or alimony. Here are some guidelines:
- Divorce:The law of the country where the divorce is sought often applies to the divorce itself. If the divorce is requested in the Netherlands, Dutch law applies to the procedure.
- Asset division:The applicable law on the division of assets depends on the matrimonial property regime that applies. This may be Dutch law, but also the law of the country where you were married or where you lived during the marriage.
- Alimony:Alimony is usually governed by the law of the country where the creditor (the person receiving alimony) lives.
- Children:When making decisions about the care of 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 division of assets, especially when they are located in multiple countries. This may include real estate, bank accounts or other assets located across different jurisdictions. The following considerations are important:
- Assets abroad:When dividing foreign assets, the laws of the country where the asset is located must be taken into account. Sometimes this can lead to contradictions between Dutch law and the law of the other country.
- Matrimonial property regime:Have you concludeda prenuptial agreement, or are you married in community of property? The question of which matrimonial property regime applies may depend on the country in which you are married or the country in which you live.
- Pension division:In the case of international divorces, the division of pensions can also be complex, especially if pension rights have been accrued in multiple countries.
Children's 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 will live, which parent will have custody, and how access arrangements will be arranged, is determined by international treaties and the family law of the countries involved.
- Custody and access:Care for children remains an important aspect in international divorces. The place where the children usually live determines which country is competent to make decisions about custody and access arrangements.
- International child abduction:If one parent moves abroad with the children without the consent of the other parent, this can be seen as international child abduction. The Netherlands is a party to the Hague Child Abduction Convention, which ensures that abducted children are quickly returned to the country of their habitual residence.
- Travel arrangements:In the case of international divorces, it is important to make good agreements about traveling abroad with the children. This prevents conflicts or legal complications later.
Recognition of Foreign Decisions
When a foreign judge makes a ruling on, for example, divorce or alimony, it is important that this ruling is also recognized in the Netherlands. Conversely, a Dutch divorce judgment may 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 Advocaten?
AtArslanLawyers we have extensive experience with international family law and we guide you through every step of your international divorce. Whether it concerns the division of cross-border assets, child matters or alimony, we offer you expert advice and ensure that your rights are protected in both the Netherlands and abroad. Our lawyers have in-depth knowledge of international treaties such as the Hague Child Abduction Convention and the Brussels IIbis Convention, and work together with foreign legal experts where necessary.
Our Services in International Divorces:
- Advice on jurisdiction of the court and applicable law.
- Guidance on the distribution of international assets.
- Calculation and collection of alimony with international aspects.
- Assistance with custody issues and contact arrangements across the border.
- Recognition and enforcement of foreign judicial decisions in the Netherlands.
- Protection against international child abduction.
Conclusion
An international divorce comes with unique challenges, but with the right legal support you can overcome these obstacles. At Arslan Advocaten we offer tailor-made solutions for complex, cross-border divorces, taking into account both your legal and personal situation.
Do you have questions about an international divorce? Please contactArslan Advocatentoday for a no-obligation consultation.