Before starting a divorce procedure between two international partners it is often difficult to decide in which country to file for the divorce. Will it be the nationality or the place of residence that will ultimately turn the tables?

Authority of a Dutch judge:
It is wise to gather information before filing for divorce, since each country has its own specific rules and procedures concerning this aspect of family law. If the spouses can not agree and both file for divorce in different countries, the divorce procedures filed last will have to be suspended, until a ruling is passed in the country where the petition for divorce was filed first.

Spouses holding the Dutch nationality can always file for divorce with a Dutch court, even if they reside outside The Netherlands. The Dutch family courts will also be competent for a divorce involving two international spouses who live in The Netherlands, or if the spouse opposing the divorce resides in The Netherlands. The circumstances that need to be taken into consideration when establishing legal competence for an international divorce are even more complex, where children are involved. In such cases, the children’s country of residence will determine which family law is applicable to the divorce of the parents. It is therefore very important to get all facts right before filing for a divorce, since there is no standard formula that fits all situations.

The law applicable:
A divorce usually involves different aspects of family life and all of these must be resolved before a divorce can be pronounced. Dutch family law will not automatically be applicable, even after the competence of a Dutch judge to handle the case has been established. There are many international treaties on private and family law that must be taken into account, whenever there are doubts on the law applicable to a certain case.

Further information:
Please get in touch, should any of the above raise further questions in your mind. International family law matters are never simple at first sight, and the right advice at the right time might be crucial in getting you where you want to be.

Marjet Groenleer

m.groenleer@gmw.nl / 070 3615048

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