International divorce and judicial jurisdiction

When is a divorce considered international?

A divorce is international when, for example:

• 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

In these situations, it must first be established which court has jurisdiction to grant the divorce.

Are you living in the Netherlands as an expat, either temporarily or long-term? Even then, an international divorce may occur, for example, if you have a different nationality or previously lived abroad. Read more about divorcing as an expat in the Netherlands:
https://simmelink.nl/familierecht/internationaal/scheiden-als-expat/

How does the court determine jurisdiction in an international divorce?

The jurisdiction of the court is generally assessed on the basis of European regulations, such as the Brussels II-ter Regulation and national rules of private international law.

The following factors, among others, play a role in this:

• the habitual residence of one or both spouses
• the last joint residence
• the nationality of the parties
• whether one of the partners still lives in the Netherlands
• 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.

You can read more about which court has jurisdiction in an international divorce at:
https://simmelink.nl/familierecht/internationaal/welke-rechter-bevoegd/

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

The applicable law can influence:

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

Depending on the circumstances, the financial consequences can differ significantly.

You can read more about which law applies to an international divorce at:
https://simmelink.nl/familierecht/internationaal/toepasselijk-recht/

Divorcing as a Dutch National Abroad

If you are a Dutch national living abroad:

• the court in your country of residence may have jurisdiction
• the Dutch court may retain jurisdiction
• recognition of the divorce in the Netherlands may be necessary

In international cases, it is important to assess in advance where it is legally and practically most appropriate to start the proceedings.

Are you living in the Netherlands as an expat? Read more about divorcing as an expat at:
https://simmelink.nl/familierecht/internationaal/scheiden-als-expat/

Dissolving a Foreign Marriage in the Netherlands

If you were married abroad and now live in the Netherlands, the Dutch court may have jurisdiction to grant the divorce.

After the ruling, recognition in the country where the marriage was concluded may be necessary. This requires careful coordination between different legal systems.

International aspects of assets, alimony, and children

International divorces often touch upon several subjects simultaneously:

• international spousal maintenance
• cross-border child support
• custody and access
• international relocation plans
• assets or businesses in multiple countries

These subjects are legally interconnected. An integrated approach prevents conflicting proceedings in different countries.

When one of the parents wishes to move abroad with a child, relocation may play a role. You can read more about this at:
https://simmelink.nl/familierecht/internationaal/relocation/

International divorce procedure in practice

An international divorce generally proceeds in several steps:

1. Establishing jurisdiction
2. Determining applicable law
3. Drafting and filing the petition
4. Possible provisional measures
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 and translations of documents.

Our Role as a Specialized Lawyer

International divorces require knowledge of private international law, European regulations, and practical experience with cross-border cases.

In practice, we regularly assist clients with:

• international divorces within the EU
• divorces involving multiple nationalities
• expat cases
• international alimony issues
• recognition of foreign rulings

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

Practical examples

In one case, we assisted a client with Dutch and American nationality, while the partner lived in Germany. The core question was which court had jurisdiction and which law applied to the division of assets. By first analyzing the question of jurisdiction, it was possible to determine where the proceedings could best be initiated.

In another case, international child support between the Netherlands and Belgium was at issue. In addition to the divorce, it also had to be determined which country had jurisdiction to establish alimony. This required coordination between various European regulations.

Every situation requires a careful and individual assessment.

Trust and quality

Simmelink Lawyers is affiliated with the Dutch Bar Association.
Read more about our reviews or see how we work via our working method.