In brief
International Divorce
An international divorce is legally complex. The outcome depends on where you and your (ex-)partner live, your nationality(ies), and where the marriage was entered into.
The Dutch court does not always have jurisdiction – sometimes foreign law applies, or international rules within European family law come into play.
At Simmelink Advocaten, you will gain clarity on these international aspects.
We advise on which court has jurisdiction, which law applies, and how you can have the divorce recognized abroad.
An international divorce is difficult enough – we ensure that you know exactly where you stand.
Brief overview:
✔ Jurisdiction of the Dutch court
✔ Applicable law and international regulations
✔ Recognition abroad and civil status
We work fluently in Dutch and English and assist clients in more than twenty countries.
When Does the Dutch Court Have Jurisdiction?
The question of whether you can divorce in the Netherlands is essential.
The court ultimately decides which country has jurisdiction based on the rules of private international law.
The Dutch court usually has jurisdiction if:
- one of the spouses lives in the Netherlands or possesses Dutch nationality;
- the marriage was entered into in the Netherlands and one party still lives here;
- or the divorce takes place within the EU and the Netherlands has priority according to European legislation.
In the case of partners with different nationalities or places of residence, we assess where the proceedings can best be initiated according to international family law. Sometimes another court may also have jurisdiction – we assess which jurisdiction is most favorable for you.
This prevents two courts in different countries from deciding on the same case.
Which laws apply?
Not every international divorce falls under Dutch law.
The applicable law depends on:
- the habitual residence of both spouses;
- the nationality (Dutch or foreign);
- and sometimes the country where the marriage was entered into.
The place of marriage is important for determining the applicable law, but not decisive for international jurisdiction.
If Dutch law applies, the court applies Dutch law regarding divorce, alimony, and community of property (or limited community).
If another country has jurisdiction, different laws may apply – for example, foreign alimony law or different rules regarding the division of assets.
Our lawyers analyze this carefully, so that you know in advance what consequences this will have for assets, alimony, and parental authority.
Divorcing as a Dutch National Abroad
Do you live abroad but possess Dutch nationality?
In many cases, you can still divorce through the Dutch court.
This also applies to Dutch nationals who live temporarily abroad – for example, expats or cross-border workers.
We assist clients worldwide – from Europe to Asia and the US – entirely online via video calls.
The petition for divorce can be filed in the Netherlands; you do not have to be personally present at the court.
Dissolving a Foreign Marriage in the Netherlands
Were you married abroad?
A foreign marriage can also be dissolved in the Netherlands, as long as the Dutch court has jurisdiction.
We investigate whether your marriage meets the conditions of Dutch law and supervise the registration with the civil registry.
This way, you can be sure that your divorce is also legally valid in the Netherlands – and that the judgment can be recognized abroad.
Divorcing a Foreign Partner
In the case of a marriage with a foreign partner, extra rules apply:
- Which court decides on the divorce;
- Which law is applied;
- And whether the judgment is recognized in both countries.
International factors can also play a role in a joint request or registered partnership.
We ensure that you know whether a national divorce in the Netherlands is sufficient, or whether you must have the judgment registered with the civil registry abroad.
After a judgment in the Netherlands, we also supervise the recognition of the divorce abroad.
In doing so, we take into account all foreign factors, so that the judgment is also legally recognized outside the Netherlands.
Our lawyers closely monitor international regulations and European guidelines, so that your divorce is valid in both countries and no new procedures are necessary.
International Aspects: Assets, Alimony, and Children
An international divorce often affects more than just the marriage:
- Assets: which country determines how the assets are divided (according to Dutch or foreign law)?
- Alimony: is the alimony calculated according to Dutch rules, or those of the country where the alimony recipient lives? In international divorces, the main rule often applies that the alimony law of the country where the alimony recipient lives applies.
- Children: in the case of minor children, it is decisive where they usually live — this determines which court may decide.
We assist clients in these complex sub-areas of international family law and work together with foreign lawyers where necessary.
In complex international divorces, specialized legal assistance is essential – our lawyers bring calm and clarity to such files.
International Divorce Procedure in Practice
An international divorce largely follows the same steps as a Dutch procedure, but with extra attention to choice of law and recognition.
We assist you with:
- The feasibility check and strategy – which country and law are favorable;
- The drafting and filing of the petition with the competent court;
- The hearing and judgment by the court;
- The recognition of the divorce at the civil registry, in the Netherlands and possibly abroad.
This way, you maintain an overview of the entire process, without worrying about different laws or countries.
Our Role as a Specialized Lawyer
An international divorce requires insight into multiple legal systems. This requires a lawyer who looks beyond the borders of one country.
An international family law lawyer combines knowledge of family law with experience in international regulations and recognition procedures.
Our specialized family law lawyers advise on international aspects of divorces, including the applicable law and the recognition of foreign judgments.
At Simmelink Advocaten, you can contact us for:
- Expert advice on jurisdiction, applicable law, and recognition;
- Guidance by specialized family law lawyers;
- Mediation or joint requests with foreign factors;
- Second opinion on ongoing procedures in the Netherlands or abroad.
International family law is a complex sub-area in which experience and strategic insight are essential.
Our lawyers help you clearly and purposefully, so that you maintain control over your case – even across national borders.
Non-committal Contact about your International Situation
Do you want to know in which country you can divorce, or which law applies to your family or assets?
Make sure to get well informed in advance about the possibilities and the procedure to follow.
In an initial consultation, we discuss your situation, assess your request and provide initial legal advice. The consultation lasts approximately 20 minutes and is free of charge and non-binding.
The sooner we assess your situation, the more options remain open.
What Clients Say about our Approach
Legal matters are about more than laws and rules. Our clients choose Simmelink for the careful guidance, strategic advice, and personal attention. Read how they have experienced our collaboration.
When my partner and I lived in France and decided to divorce, I had no idea where to start.
Simmelink Advocaten immediately gave me clarity about what was possible in the Netherlands and what was necessary in France.
Everything went via video calls and digital contact — professional, clear, and with a lot of understanding.
That gave peace of mind in an uncertain period.
After my move to Spain, it was difficult to make good agreements about the children.
Simmelink thought strategically, took both countries into account, and remained calm and respectful.
Ultimately, we obtained clear and workable agreements through the court in the Netherlands.
What I particularly appreciated was the transparency.
Already in the first conversation, I received a clear overview of costs, scenarios, and risks.
This allowed me to make a well-considered decision whether to litigate in the Netherlands or in Germany.
No surprises, no pressure – just expert advice.
Our Attorneys at Law
Our team consists of experienced attorneys specializing in international family law and inheritance law.
We guide clients in the Netherlands, Europe and beyond — discreetly, personally and strategically.
Our lawyers are approachable, respond quickly, and keep you continuously informed about the progress of your case.
Frequently Asked Questions
When you or your ex-partner lives in the Netherlands or possesses Dutch nationality. Within the EU, the Dutch court often applies as the competent court. The Dutch court also has jurisdiction when both spouses have their habitual residence in the Netherlands or when the applicant has lived in the Netherlands for more than six months.
That depends on the habitual residence, nationality, and place of marriage. We explain which law applies to your situation.
A Dutch judgment is usually recognized within the EU. Outside the EU, this depends on local rules – we will inform you about this in advance.
Yes, in many cases. We file the petition and supervise the process digitally.
Then the principle of ‘first come, first served’ often applies. Quick advice is important; we help you act in a timely manner.
