In brief
Divorcing as an expat means that one or both partners have international ties, for example due to:
- a different nationality
- temporary secondment or an expat contract
- a previous place of residence abroad
- assets or pensions in multiple countries
In an expat divorce, questions often arise regarding:
- which court has jurisdiction
- which law is applicable
- international recognition of the ruling
- relocating abroad after the divorce
Every situation requires an individual assessment.
When is it considered an expat divorce?
An expat divorce occurs when you reside in the Netherlands temporarily or long-term, but your marriage has international characteristics.
This may be the case, for example, when:
- you and your partner have different nationalities
- you have been seconded by an international employer
- you have lived in multiple countries after the marriage
- you own assets or real estate abroad
In such situations, two questions must first be answered:
- Which judge has jurisdiction?
- Which laws apply?
You can read more about international jurisdiction at:
https://simmelink.nl/familierecht/internationaal/welke-rechter-bevoegd/
You can read more about applicable law in international divorces at:
https://simmelink.nl/familierecht/internationaal/toepasselijk-recht/
International points of interest for expats
An expat divorce may involve different points of interest than a purely Dutch divorce.
Habitual residence
The question of whether the Dutch court has jurisdiction often relates to your habitual residence. This involves more than just registration in the BRP (Personal Records Database). Factual circumstances also play a role.
Applicable law
It is possible for the Dutch court to have jurisdiction, while foreign law remains applicable to, for example, the division of assets.
International recognition
Do you want the Dutch divorce to be recognized in your country of origin as well? If so, it must be assessed whether the ruling is automatically recognized there or if additional steps are required.
Assets in multiple countries
Expats frequently possess:
- foreign bank accounts
- real estate in the country of origin
- international pension rights
- shares or participations
The applicable matrimonial property law determines how these assets are divided.
International asset issues require careful analysis, especially when multiple legal systems are involved.
Residency status and divorce
Sometimes one of the partners is dependent on a residence permit linked to the marriage or the work of the other partner.
A divorce can then have consequences for:
- right of residence
- extension of the residence permit
- lawful residence in the Netherlands
Although this primarily falls under immigration law, it is important to assess these aspects in conjunction with one another.
Moving back after the divorce
After an expat divorce, the desire to return to the country of origin frequently arises.
When minor children are involved and both parents have joint custody, consent is required for relocation abroad.
You can read more about relocation at:
https://simmelink.nl/familierecht/internationaal/relocation/
Relocation cases require a separate balancing of interests in which the best interests of the child are central.
How do we assist expats during divorce?
We assist expats with international marriages and cross-border aspects.
Our approach typically consists of:
- Analysis of jurisdiction and residency situation
- Determining the applicable law
- Inventory of international assets
- Scenario comparison: consultation, mediation, or legal proceedings
- Focus on international enforceability and recognition
You will have one dedicated lawyer who maintains the overview and coordinates the international aspects.
For comprehensive guidance on international divorce, read more about our international divorce lawyer:
https://simmelink.nl/familierecht/internationaal/echtscheidingsadvocaat/
Case Example
Expat family with temporary secondment
An expat family resided temporarily in the Netherlands due to an international assignment. Both partners had different nationalities and owned assets in their country of origin.
The question was whether the Netherlands had jurisdiction and which law applied to the division of assets. By first carefully analyzing the habitual residence and the applicable law, clarity could be established regarding the legal route.
In expat cases, we regularly see that an early analysis of jurisdiction and applicable law is decisive for the further course of events.
Frequently Asked Questions
In many cases, this is possible if you have your habitual residence here. This depends on international rules and your personal situation.
Not always. The applicable law can also be foreign law, depending on your nationality, previous places of residence, and any choice of law.
Within the EU, recognition is often regulated. Outside the EU, this depends on treaties and national legislation.
In the case of joint custody, consent from the other parent is required. If necessary, substitute consent can be requested through the court.
Overview in international complexity
Divorcing as an expat brings with it international questions regarding jurisdiction, applicable law, and recognition.
By gaining clarity on your legal position beforehand, you prevent unexpected complications.
Would you like to know how your situation should be legally assessed?
Schedule a consultationOr contact us by phone via: 030 – 30 787 32
