International divorce lawyer

When is a divorce considered international?

A divorce is international when a cross-border element is present.

This may be the case, for example, when:

• you or your partner live abroad;
• you have different nationalities;
• you reside in the Netherlands as an expat;
• you were married abroad;
• there are assets or a business in multiple countries.

In such situations, it must first be determined which court has jurisdiction and which law is applicable. You can find a more general explanation of this on the page about
international divorce:
https://www.simmelink.nl/familierecht/internationaal/echtscheiding/

If you are living in the Netherlands as an expat and considering a divorce, questions may arise regarding jurisdiction, applicable law, and recognition abroad. Read more about divorcing as an expat in the Netherlands:
https://simmelink.nl/familierecht/internationaal/scheiden-als-expat/

This is general information and does not constitute individual legal advice. Every situation requires its own assessment.

Which judge has jurisdiction?

The first question in an international separation is which court has the jurisdiction to grant the divorce.

Which court has jurisdiction in an international divorce depends on international regulations such as Brussels IIb and the habitual residence. Read more here about the competent court in international divorce:
https://simmelink.nl/familierecht/internationaal/welke-rechter-bevoegd/

Within the European Union, the Brussels II-ter Regulation often applies. Outside the EU, other treaties or national rules may apply.

Habitual residence

In many cases, the habitual residence of one or both spouses is decisive. This may mean that the Dutch court has jurisdiction, even if the marriage was concluded abroad.

You can read more about international jurisdictional issues within the cluster
international family law:
https://www.simmelink.nl/familierecht/internationaal/

Multiple competent courts

It frequently happens that multiple courts have jurisdiction. In that case, the order of filing can be relevant. This requires a strategic assessment.

When multiple courts have jurisdiction, the order of filing can be decisive. This is also known as a “race to the court.” A further explanation of jurisdiction can be found here:
https://simmelink.nl/familierecht/internationaal/welke-rechter-bevoegd/

In some situations, it may be advisable to have an independent assessment carried out via a second opinion in international family law:
https://www.simmelink.nl/werkwijze/second-opinion/

Which laws apply?

Jurisdiction does not automatically mean that Dutch law applies.

In international divorce cases, it may occur that foreign law applies, even when the Dutch court has jurisdiction. You can read more about which law applies in an international divorce at:



https://simmelink.nl/familierecht/internationaal/toepasselijk-recht/

In international divorces:

• a Dutch court may apply foreign law;
• a foreign court may apply Dutch law.

The applicable law can have consequences for:

• partner maintenance;
• division of assets;
• pension rights;
• prenuptial agreement.

Depending on the circumstances, European regulations or national conflict-of-law rules apply.

International division of assets

When assets are located in multiple countries, the settlement often becomes more complex.

Think of:

• real estate abroad;
• an international holding structure;
• foreign bank accounts;
• cross-border pension rights.

In the case of corporate structures or director-major shareholder (DGA) positions, additional Dutch law may play a role. For national situations, you can read more about this on the page
divorce lawyer:
https://www.simmelink.nl/familierecht/scheidingsadvocaat/

International asset issues require an integrated approach in which jurisdiction, applicable law, and enforceability are assessed together.

International maintenance and children

When children are involved and parents live in different countries, additional questions may arise.

When one parent wishes to move abroad with a child, consent from the other parent may be required or a judicial assessment may follow. Read more about moving abroad with a child (relocation):
https://simmelink.nl/familierecht/internationaal/relocation/

For example:

• which court decides on child maintenance;
• how partner maintenance is enforced internationally;
• how a foreign judgment is recognized.

Specific recognition rules apply within the EU. Outside the EU, this depends on treaties and national legislation.

In child-related matters, diligence is paramount. The court always assesses what is in the best interests of the child within the applicable legal framework.

Recognition of a foreign divorce

Were you divorced abroad and do you want recognition in the Netherlands? Or vice versa?

In many cases, foreign divorces are recognized, provided they meet certain conditions. This may be relevant for:

• registration in the records;
• pension rights;
• consequences regarding property law;
• a new marriage.

The requirements vary by country and situation.

How do we guide international divorces?

International divorces require a structured approach.

1. Analysis of international elements

Nationalities, places of residence, date of marriage, assets, and any foreign proceedings are mapped out.

2. Jurisdictional test

We investigate which court has jurisdiction and which route is legally appropriate.

3. Determining applicable law

We analyze which law applies to the divorce and ancillary provisions.

4. Scenario comparison

Consultation, mediation, or litigation are carefully weighed.

5. Guidance during consultation or proceedings

Depending on the circumstances, we guide you through negotiations or in court.

You will have one dedicated lawyer who maintains the overview and coordinates the international aspects.

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Case examples from international files

1. Expat family with multiple competent courts

In one case, we assisted a family where both spouses had different nationalities and had lived in two European countries. Both the Netherlands and another EU country appeared to have jurisdiction to rule on the divorce. The question of which court was approached first could influence the applicable law and the further proceedings.

By first carefully analyzing the habitual residence and the relevant European regulations, it became clear which legal route was most appropriate. We also investigated how a potential judgment would be recognized in both countries.

This situation illustrates that timing and jurisdictional analysis are essential in international divorces.

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2. Entrepreneur with an international holding structure

We assisted a client with a Dutch holding company and foreign subsidiaries. The marriage was concluded abroad, while the family later lived in the Netherlands. As a result, questions regarding international jurisdiction as well as applicable matrimonial property law played a role.

The analysis looked not only at the divorce itself but also at the valuation of foreign assets and the feasibility of cross-border agreements. In international corporate structures, it is important that legal choices align with fiscal and practical reality.

In international cases, we regularly see that an early jurisdictional analysis is decisive for the further course of action.

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3. Foreign divorce with recognition request in the Netherlands

In another case, the divorce had already been granted in a non-EU country. The client wanted clarity on recognition in the Netherlands, partly in connection with property law consequences and a planned new marriage.

We investigated whether the foreign judgment met Dutch recognition requirements and what additional documentation was needed. Factors included whether both parties had been correctly summoned and whether the procedure had been conducted diligently.

International recognition issues require a precise assessment of both foreign and Dutch rules.

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