A divorce in which both partners live in the Netherlands can already be quite complex. But the following case shows a rather complicated divorce story. This is an international divorce involving the Netherlands, Germany, Australia and South Africa. The proceedings have stalled abroad and both parties are unsure what to do with this now.

Background

The story of Harmen and Marieke is a real-life story. It illustrates the complex issues that can arise in family relationships.

Marieke and Harmen (fictitious names) both hold Dutch citizenship. They married in the Netherlands and at some point moved to Germany where they also bought a home. Their children Puck and Bo (also fictitious names) were born in Germany.

Harmen is a successful entrepreneur with international work experience. He founded a company in Australia and moved there to manage the growth of his business. The business is successful, but the marriage cannot handle the long haul. She does not want to move to Australia because of the children; he feels compelled to be there to work on his business. Marieke decides that divorce is inevitable and hires a German lawyer to file for divorce in Germany. Harmen is also hiring a German lawyer to represent his interests locally.

Fortunately, Harmen and Marieke still get along well and are able to make smooth agreements about the children. Puck goes to live with her father in Australia, Bo stays in Germany with his mother. The divorce is going well until the financial side needs to be settled. Harmen and Marieke do not agree on how to divide the assets. The assets include a house in Germany, balance in various accounts and Harmen’s pension.

The judge will not rule until the extent of Harmen’s pension is mapped out. Because Harmen has always worked in different countries, this is not an easy task. The process is severely delayed and Harmen and Marieke’s divorce unfortunately falls through.

As if things were not complicated enough, the family situation is also changing. Because Puck has exceptional athletic talent, it would be better for her if she returned to Europe, to the Netherlands that is. Now Harmen does decide to go back with them and leave Australia. Together with Puck, he settled in the Netherlands. The divorce is still before the German court and, in the meantime, is deadlocked.

Simmelink lawyers’ solution to this international divorce

How to proceed with this complex international divorce? It’s also taking Harmen quite a while. Therefore, he approached our office. He asks what the options are and wants to know if the procedure cannot be expedited. This way it can’t continue anyway.

Revoke divorce proceedings abroad

Because Marieke and Harmen both have Dutch nationality, it is legally possible to settle the divorce here. The only problem is that the divorce has already been filed in Germany and is ongoing there. Because it is legally impossible to initiate divorce proceedings if proceedings are already pending in another country, the Dutch court must wait for Germany. The only option is to ask the German court to withdraw the proceedings.

It is fortunate that Harmen and Marieke still get along well. They decide to re-establish in Dutch the agreements they made in Germany. They also draft a divorce agreement. Now it is up to Marieke to ask her German lawyer to withdraw the request. The German lawyer hesitates but decides to honor Marieke’s request.

Applying for divorce in the Netherlands

After a long time, things start moving and the way is clear to file for divorce in the Netherlands. All new agreements and original German agreements are handed over to the court and the Dutch judge manages to pronounce the divorce within a few weeks. After years of process, it is a relief for both Harmen and Marieke that everything is complete.

Unable to settle down in Holland, Harmen decides to move to South Africa, and this time Bo goes with him. Puck is staying in the Netherlands so she can develop her talent here. Harmen and Marieke will spend the vacations together as much as possible so that Puck and Bo do get to bond with each other.