International Family Law

When Does International Family Law Play a Role?

International family law comes into play as soon as your personal or financial situation involves multiple countries. This may be the case if you or your partner live or work abroad, if you were married abroad, or if your children have ties to more than one country.

Common situations include:

• you or your partner live or work abroad;
• you were married abroad or have foreign prenuptial agreements;
• you have children with dual nationality;
• a parent wants to move abroad with a child (relocation);
• you want to know in which country you can divorce or initiate proceedings.

In all these situations, different rules apply than in a purely Dutch case. Timely legal orientation prevents conflicting procedures and strategic errors.

Which court has jurisdiction in an international family law case?

The question of which court has jurisdiction is often the first and most decisive step in an international family law case. In some situations, multiple countries may appear to have jurisdiction to handle a procedure.

Whoever initiates proceedings first often determines the country where the case is heard. This makes the timing and the choice of country a strategic decision with concrete consequences for the duration of the case, the costs, and the substance of the decision.

We advise on:

• the jurisdiction of the Dutch court;
• potential foreign courts with jurisdiction;
• the consequences of the choice for duration, costs, and recognition of rulings.

Depending on the circumstances, early orientation with an international family law lawyer is essential to prevent surprises later on.

Applicable law: Dutch or foreign law

In international marriages or long-term stays abroad, Dutch law does not automatically apply. The applicable law influences the division of assets, the interpretation of prenuptial agreements, alimony, and custody.

European regulations such as Brussels II-ter and the Hague Protocol determine in many cases which law is applicable. In other situations, nationality, place of residence, and the location of the marriage play a role.

We help determine which law is applicable and which rules apply, so you know where you stand before making a decision.

How does an international divorce proceed?

In an international divorce, questions regarding jurisdiction, applicable law, and the recognition of the ruling abroad all arise simultaneously. A divorce that is legally sound in the Netherlands but not recognized in the other country leads to practical problems.

In many cases, divorcing partners can choose in which country they initiate proceedings. This choice has consequences for, among other things, the substance of the decision, the rules for alimony, and the division of assets.

Do you already have proceedings pending abroad or do you have doubts about the approach taken? Consider a second opinion from a specialized lawyer.

What if a parent wants to move abroad with children?

When a parent wants to move abroad with children, permission from both parents is often required. In the event of a disagreement, the court can be asked for substitute permission. We call this a relocation case.

The court assesses the best interests of the child, the practical feasibility of the move, and the consequences for contact with the other parent. In international situations, the jurisdiction of the court also plays a role.

We assist parents with:

• international custody issues;
• requests for substitute permission for relocation;
• cross-border contact arrangements;
• recognition of decisions in different countries.

How do asset division and alimony work in an international divorce?

In international divorces, the approach to asset division and alimony varies by country. The applicable law determines how agreements are made and implemented.

A decision regarding alimony or assets must not only be substantively correct but also enforceable in other countries. An agreement that is valid in the Netherlands but not recognized in the country where your ex-partner lives has little practical value.

We advise on the division of international assets, the recognition of foreign decisions, and the enforceability of alimony agreements in multiple countries.

Practical examples

Expat in the Netherlands wants to divorce, partner lives in Germany

In one case, we assisted a client who had lived in the Netherlands for years while his partner had returned to Germany. Both held German nationality. The question was whether the proceedings should be initiated in the Netherlands or Germany, and which law applied to the division of assets.

By acting early, the proceedings could be initiated in the Netherlands, which proved to be the most favorable path for this client.

Mother wants to move abroad with children, father refuses permission

In one case, we assisted a mother who wanted to move to another European country with her two children for work. The father, residing in the Netherlands, refused permission.

We analyzed which court had jurisdiction and which criteria would be applied. Ultimately, a workable arrangement was reached that safeguards contact with both parents.

Dutch nationals married abroad, divorce with prenuptial agreements from another legal system

In one case, we assisted a client who had married abroad under prenuptial agreements subject to foreign law. During the divorce in the Netherlands, it was not automatically clear which law applied to the division of assets.

By determining the applicable law early on, surprises were avoided and the proceedings were concluded in an orderly manner.