International Divorce

When is a divorce considered international?

A divorce is international when more than one country is legally involved. In practice, this occurs when:

• you and your partner have different nationalities
• you live abroad or have recently lived abroad
• the marriage was entered into abroad
• assets are located in multiple countries
• children reside in another country
• one of the partners wishes to move abroad (see also relocation)

If you live in the Netherlands as an expat temporarily or long-term, this may also involve an international divorce, for example, if you have a different nationality or previously lived abroad. You can read more about this on the page divorcing as an expat in the Netherlands.

How is it determined which court has jurisdiction?

The jurisdiction of the court in an international divorce is generally established on the basis of European regulations, including the Brussels II-ter Regulation, and national rules of private international law. The following factors play a role:

• the habitual residence of one or both spouses
• the last joint residence
• the nationality of the parties
• whether proceedings have already been started in another country

In many cases, the court of the country where a valid proceeding is first initiated can be declared competent. This can influence alimony, division of assets, and custody issues. Every situation requires its own assessment.

Detailed information regarding the question of jurisdiction can be found at: which court has jurisdiction in an international divorce.

Which law applies to the divorce?

The fact that the Dutch court has jurisdiction does not automatically mean that Dutch law applies. Depending on international rules:

• Dutch law may be applicable
• the law of another country may apply
• a choice of law may be possible, allowing parties to determine within certain limits which law is applicable

The applicable law influences, among other things:

• the duration and amount of spousal maintenance
• the division of assets and the operation of prenuptial agreements
• pension rights
• the position of children and contact arrangements

Depending on the circumstances, the financial consequences can differ significantly. It is therefore important to have this assessed early in the process.

Divorcing as a Dutch national abroad: what are the options?

If you live abroad as a Dutch national, additional questions arise:

• which court has jurisdiction: the court in your country of residence or the Dutch court?
• which law is applicable to the division of assets and alimony?
• must a foreign judgment be recognized in the Netherlands afterwards?

In international cases, it is essential to assess in advance where it is legally and practically most appropriate to start the proceedings. You can read more about divorcing as an expat on the corresponding page.

Married abroad and now divorcing in the Netherlands: how does it work?

If you were married abroad and now live in the Netherlands, the Dutch court may have jurisdiction to grant the divorce. After the judgment, recognition in the country where the marriage was concluded may be necessary. This requires careful coordination between the legal systems involved.

If prenuptial agreements were also drawn up under foreign law for the marriage abroad, an additional analysis is required regarding which law applies to the division of assets.

How does international divorce work regarding assets, alimony, and children?

International divorces generally affect several subjects simultaneously:

• international spousal maintenance and child maintenance across borders
• custody and contact arrangements when children reside in another country or wish to move there (see relocation)
• assets or a business in multiple countries
• recognition of foreign judgments in the Netherlands or vice versa

These subjects are legally interconnected. An integrated approach prevents conflicting proceedings in different countries. Depending on the circumstances, a second opinion may also be useful in ongoing proceedings elsewhere.

Do you already have a lawyer but doubt the strategy being followed? Request a second opinion.

How does an international divorce procedure proceed?

An international divorce generally proceeds through the following steps:

1. Establishing jurisdiction: which court is competent?
2. Determining the applicable law: which legal system applies?
3. Drafting and filing the petition
4. Requesting provisional measures if necessary
5. Defense and court hearing
6. Ruling and possible recognition abroad

The procedure can be more complex than a national divorce due to international regulations, translations of documents, and coordination between legal systems. In many cases, early legal advice is decisive for the outcome.

Would you like to map out your situation first without immediately starting a procedure? Schedule a consultation with one of our lawyers.

Practical examples

Divorce between partners in two EU countries with different nationalities

In one case, we assisted a client with a divorce where the partners had different nationalities and lived in two different EU member states. The core question was in which country the proceedings should be started and which law applied to the alimony and division of assets. By analyzing the question of jurisdiction in a timely manner, a well-considered strategic choice could be made. Attention was also given to the recognition of the judgment in both countries.

Married abroad under foreign matrimonial property law

In another case, we assisted a client who had married abroad under prenuptial agreements according to foreign law. At the time of the divorce, it was not immediately clear which law applied to the division of assets. By establishing early on which legal system applied, the procedure could be organized in an orderly manner and unexpected complications were avoided.

International child maintenance after divorce with Dutch and foreign residence

In one file, in addition to the divorce, the determination of child maintenance across borders also played a role. The parents lived in different countries after the divorce. We identified which country had jurisdiction to determine maintenance and which legal system was applicable, so that the proceedings could be started in the correct forum.

What does an international family law lawyer do in an international divorce?

International divorces require knowledge of private international law, European regulations, and practical experience with cross-border cases. In practice, we assist clients with:

• establishing jurisdiction and applicable law
• international divorces within and outside the EU
• expat cases where the Netherlands is the competent jurisdiction
• international maintenance issues and division of assets
• recognition of foreign judgments in the Netherlands

We first carefully assess which legal route is appropriate. This is general information and not individual legal advice.

You can read more about our method in international cases on the page international family law lawyer.

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