International Family Law

When Does International Family Law Play a Role?

International family law is the body of legal rules that determines which court is competent and which national law applies when a divorce, custody issue, or division of assets has cross-border elements. In the Netherlands, an estimated tens of thousands of families encountered international family law issues in 2023. This is a result of the increase in international marriages, expats, and cross-border employment (CBS Statline).

International family law comes into play as soon as one of the parties involved lives or works abroad, partners have different nationalities, or assets or children involve multiple countries. Timely legal orientation prevents conflicting procedures and strategic errors that cannot be rectified later.

Common situations include:

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

Which court has jurisdiction in an international family law case?

The competent court in an international family law case is determined in Europe by Brussels II-ter Regulation (EU 2019/1111), which entered into force on August 1, 2022. In many cases, whoever initiates proceedings first determines the country of jurisdiction, with a direct impact on the duration, costs, and substance of the decision.

In many international situations, more than one court may be competent. This allows for a strategic choice, but also carries a risk: if your partner is the first to start proceedings abroad, you lose that choice. Early orientation with an International Family Law Attorney is therefore essential: orient yourself before any steps are taken.

We advise on:

• the jurisdiction of the Dutch court based on Brussels II-ter;
• possible foreign competent courts and the consequences of that choice;
• the strategic timing of a procedure and the recognition of the ruling abroad.

More on this topic: which court is competent in an international family law case?

Applicable law: Dutch or foreign law

In an international divorce or custody issue, Dutch law does not automatically apply. The applicable law is determined by European regulations and international treaties, and has a direct influence on the division of assets, the interpretation of prenuptial agreements, alimony, and custody.

Table: EU instruments for international family law — Simmelink Lawyers, 2026.

For marriages concluded before January 29, 2019, matrimonial property law may still be determined by national PIL, with the result that different rules apply to assets in different countries. We determine which law is applicable and what the strategic consequences are before a procedure is started.

How does an international divorce proceed?

An international divorce proceeds in three legal phases: establishing the competent court, determining the applicable law and, after the ruling, recognition in the other country. Each phase requires a separate assessment. A divorce that is legally correct in the Netherlands but is not recognized where your ex-partner lives has little practical value.

1. Establishing the competent court (Brussels II-ter). In many cases, whoever starts a procedure first determines the country. Average orientation period: 1–3 weeks.
2. Determining applicable law (Rome III / national PIL). This determines the rules for division of assets, alimony, and prenuptial agreements. Average lead time for Dutch proceedings: 6–12 months.
3. Recognition abroad. Within the EU, recognition is largely automatic via Brussels II-ter. Outside the EU, national procedures apply per country.

In many cases, divorcing partners can choose in which country they start the procedure, provided they act early. Do you already have a procedure running abroad or do you have doubts about the approach followed? Then consider a second opinion from a specialized lawyer.

More about the procedure: applying for an international divorce.

What if a parent wants to move abroad with children?

When a parent wants to move abroad with children, consent from both parents is required in most cases. That consent follows from joint custody, which in principle remains in place after a divorce (Art. 1:251 Dutch Civil Code). If the other parent does not give consent, the court can be asked for substitute consent. 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: if the child moves abroad, jurisdiction may shift to the court of the new country of residence.

We assist parents with:

• international custody issues and cross-border visitation arrangements;
• requests for substitute permission for relocation;
• the recognition of decisions in the country of destination, including outside the EU.

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

In an international divorce, alimony is in most cases determined by the law of the country where the maintenance creditor resides, based on the Hague Alimony Convention 2007 and EC Regulation 4/2009. For marriages concluded after January 29, 2019, the division of assets falls under EU Regulation 2016/1103, which seeks connection with the habitual residence at the start of the marriage.

For marriages prior to 2019 or situations outside the EU, national PIL applies, to be assessed on a case-by-case basis based on nationality, marriage location, and place of residence. An alimony or asset agreement must not only be substantively correct but also enforceable in the country where your ex-partner lives. A decision that is valid in the Netherlands but not recognized abroad has little practical value.

We advise on:

• the applicable law on division of assets and alimony, per marriage date and place of residence;
• the enforceability of agreements in other countries, within and outside the EU;
• international prenuptial agreements and the legal consequences in case of divorce in the Netherlands.

Practical examples

Jurisdictional question in divorce: German-Dutch situation

The central question in this case was whether the Dutch or the German court was competent for the divorce and the division of assets. The Client had lived in the Netherlands for years; his partner had returned to Germany. Both had German nationality, but the Client’s habitual residence was the Netherlands.

Based on Brussels II-ter, the Dutch court was competent, provided the procedure was started from the Netherlands in a timely manner. We mapped out the conflict-of-law situation, established jurisdiction, and advised on the timing of the filing. By acting early, the procedure could be started in the Netherlands.

Relocation case: moving with children to an EU country

The central question was whether a Dutch court could grant permission for the relocation of two children to another EU country, and which criteria applied. The mother wanted to move abroad for work; the father, residing in the Netherlands, refused consent.

We analyzed which court was competent and on the basis of which criteria the substitute consent would be assessed, including the interests of the children, the continuity of contact with both parents, and the feasibility of a cross-border visitation arrangement. Ultimately, a workable arrangement was established that safeguards contact with both parents.

Prenuptial agreements under foreign law in a divorce in the Netherlands

The central question was which law applied to the division of assets in a divorce in the Netherlands, where parties were married abroad under prenuptial agreements according to foreign law. The marriage was concluded before 2019, meaning EU 2016/1103 did not apply and national PIL was applicable. We established the applicable law early on, assessed the validity of the foreign prenuptial agreement according to Dutch PIL, and advised on the consequences for the division. By legally qualifying the situation before the procedure, surprises during the court hearing could be avoided.