When you are faced with the complex challenge of an international divorce, we understand that this can bring many concerns about your future, finances, home, and the impact on your children. At Simmelink Advocaten, we have the expertise to guide you through this difficult period, with attention to both the legal and emotional aspects.
An international divorce often brings additional challenges, as it spans multiple jurisdictions and countries. The international family law encompasses various legislations and treaties that can vary depending on the countries involved. This means you may encounter different laws for the financial settlement, alimony or division of assets and the jurisdiction of the court may differ per country. It is essential to choose a specialized attorney with experience in international family law.
At Simmelink Advocaten, we combine our in-depth knowledge of international and Dutch family law with personalized attention. Our experienced attorneys provide tailored solutions, customized to your unique situation.
Submit your legal question to our experienced attorneys today. Contact us for a free consultation and receive expert, personalized advice.
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Expertise in international divorce
In international divorces, multiple legal areas and complex legal issues often arise. The rules for the divorce itself may differ from those for the financial settlement, such as the division of assets or the calculation of alimony. The jurisdiction of the court is also crucial: in some cases, the court of one country has jurisdiction over the divorce, while another court decides on alimony or the division of assets.
Jurisdiction of the Dutch Court in International Divorces
In certain situations, the Dutch court may have jurisdiction, for example, when one of the partners wishes to move abroad during or after a divorce. We thoroughly investigate whether the Dutch court can rule on the divorce and matters such as alimony or custody.
It is therefore essential to know which applicable law applies and which court has jurisdiction. A specialized attorney can assist you in effectively handling the complex legal issues arising from cross-border divorces and ensure that all legal procedures are correctly followed. Our attorneys possess in-depth knowledge of both Dutch family law and international private law, ensuring that you take the right legal steps. Additionally, we work closely with foreign law firms to provide you with optimal support in international legal matters.
Our Services in International Divorces
At Simmelink Advocaten, we offer a wide range of legal services for international divorces. Here is an overview of the key ways in which we can support you:
- Divorce as an Expat in the Netherlands
Legal assistance for expats who wish to divorce in the Netherlands. We assist you with matters such as alimony, asset division, and parental authority. - Divorcing a foreign partner with an unknown address
Support for unilateral divorce requests when your foreign partner is untraceable.
Read more about divorcing a foreign partner who is untraceable or has an unknown address. - Divorce as a Foreigner in the Netherlands
We assist foreign clients with international divorces when they reside in the Netherlands during their separation. - Calculation of alimony with international aspects
Specialized assistance in the calculation and arrangement of child support and spousal support when one of the parties resides abroad. - Asset Distribution with Cross-Border Properties
Advice on the distribution of international assets, such as real estate and financial resources, spread across multiple countries. - Independent advice or second opinion
If you have doubts about previous legal advice, we offer a second opinion for an independent assessment of your situation. - International relocation plans with children
Legal assistance in obtaining permission to move abroad with children after a divorce. - Comparative law and advice across multiple courts
Advice on the jurisdiction of different courts and which law applies to your situation. We assist you in determining the best country to conduct your divorce proceedings. - Legal opinion for foreign lawyers
We offer legal advice to foreign lawyers on Dutch family law, such as prenuptial agreements and registered partnerships. - Remote Divorce via Video Call
We assist you with international divorces, where communication takes place entirely online via Microsoft Teams. Whether you reside in the Netherlands or abroad, our guidance remains personal and confidential.
Client Experiences
Simmelink Advocaten distinguishes itself through expertise and thorough knowledge. My case was handled correctly without any unexpected costs, which they had accurately estimated in advance.
Excellent law firm! The team is very friendly, communication is clear, and commitments are always kept. I highly recommend this firm for legal support.
The resolution of my alimony calculation by Simmelink was swift and efficient, and I am very pleased with the result. They are approachable and have extensive knowledge.
Law firm Simmelink is very professional and client-oriented. They understand the client’s needs and go out of their way to help. Rarely do you see a company where the customer is as central as at Simmelink.
When is there an international divorce?
You are facing an international divorce when one of the following situations applies to you:
- You are married abroad and are considering divorce in the Netherlands.
- You and/or your spouse live abroad.
- You and/or your spouse have a foreign nationality.
- You have children, and you or your spouse are considering moving abroad.
- The minor children reside abroad with one of the parents.
- You and/or your spouse reside in the Netherlands as a non-Dutch citizen.
- You or your spouse have assets abroad.
In these cases, international rules and treaties may influence the divorce and associated matters such as alimony, asset division, and custody.
Our real-world experiences and case studies
At Simmelink Lawyers, we recognize that an international divorce can be complex and overwhelming. It is more than just a legal transaction; it often includes cross-border legal challenges, cultural nuances, and emotional tensions.
To provide you with a clear understanding of how we can assist in such situations, below are real stories from our practice that highlight the complexity and diversity of international divorce cases.
International divorce in the Netherlands: experience of Lukas Elise
Lukas, an Austrian, met Elise, a Norwegian, while on vacation in Norway. They fell in love, and their adventure took them to Salzburg, Austria, where they decided to get married.
International divorce and custody with unreachable partner: from the Netherlands with Italian mother and Canadian father
A divorce involving a foreign partner can already be quite complex. It becomes even more complex when children are involved. Especially if the parents reside in a country different from the child’s nationality. In which country does the court have jurisdiction when things do not go as hoped?
From American Dream to International Divorce
Remco moved to America several years ago for his work. He had the opportunity to pursue his dream there, and in consultation with his wife Annelies, he left for a few years. Good arrangements have been made: Remco and Annelies will visit each other regularly. This is important not only for the partners but also for their son Benjamin. Benjamin is only 2.5 years old when his father moves temporarily.
A divorce in the Netherlands, Germany, Australia, and South Africa
A divorce where both partners live in the Netherlands can already be quite complex. However, the following case illustrates a rather complex divorce narrative. This is an international divorce involving the Netherlands, Germany, Australia, and South Africa. The proceedings have stalled abroad, and both parties are unsure of what to do next.
Recognition by a foreign man of a Dutch child
Thomas, who lives in Australia, discovers after 10 years that he has a son in the Netherlands. He attempts to have his paternity legally recognized, despite the boy’s mother not consenting to this.
Complex International Divorce
We assisted the husband of a Dutch couple living in San Francisco with their divorce. Our knowledge of both Dutch and local law enabled us to bring the divorce to the Netherlands. This avoided the complex legal situation in the United States and the high costs for our client.
Visitation arrangement across borders
In a case where the parents lived in different countries (the Netherlands and Norway), we successfully established a visitation arrangement for their children that respected both Dutch and foreign laws.
Enforcing Alimony Abroad
We assisted a client in enforcing alimony payments from an ex-partner residing in Singapore by collaborating closely with local legal experts and effectively utilizing international treaties.
Why choose Simmelink Lawyers?
At Simmelink Advocaten, we combine the personal attention of a boutique firm with the professional expertise of a large law office. Our attorneys have over 15 years of experience in international family law and assist you with every aspect of your international divorce, from alimony to asset division and custody issues.
- Personal guidance and tailor-made solutions
- Legal support for complex international matters
- Clear communication and transparent rates
- Discretion and complete confidentiality
We operate globally and can assist you both remotely and at our office in Maarssen – Utrecht. Contact us today for a confidential consultation regarding your international divorce.
We are unable to represent you in legal proceedings in the Netherlands if the Dutch court lacks jurisdiction.
For example, in the following situation, we cannot assist you as a lawyer for proceedings in the Netherlands:
- Child support was determined by the court in Switzerland at the mother’s request for the minor children. The father lives in the Netherlands and disagrees and wants to appeal. In this situation, the Dutch court does not have jurisdiction; the procedure to appeal must take place in a Swiss court. You may need a Swiss lawyer for this.
- A mother, living in the Netherlands, wants a visitation arrangement with the children who live with their father in the United Kingdom. The father does not want to cooperate. In that case, the Dutch court has no jurisdiction to make a decision. The courts in England will have to be involved for this purpose. As Dutch lawyers, we cannot litigate on your behalf in the United Kingdom.
However, we can assist you with independent advice where you can take advantage of our extensive international expertise of international personal and family law and private law.
I would really recommend Simmelink Lawyers, in my case they have done a fantastic job. I am a Norwegian man who just won a paternity recognition and a meeting with my Dutch daughter once a month with the help of Simmelink Advocaten. My case has been taken seriously, Carla Simmelink has always answered when I’ve called, she is positive and friendly, incredibly helpful and precise. I am forever grateful for the job Simmelink has done for me and my daughter.
Christopher S.
As Dutch citizens, you have the option to pursue divorce proceedings abroad.
If you or your partner live abroad and both of you hold Dutch nationality, you can apply a request for divorce with a Dutch court. It is possible even if you both reside abroad.
We have extensive experience in divorce where we advise and settle your divorce from a distance. We use e-mail and video discussions such as Zoom, Google Meet or Microsoft Teams.
The quality and personal contact are guaranteed, and your privacy is maintained because we work with high-security measures.
Frequently asked questions about international divorce
Is the Dutch divorce valid abroad?
After the judge pronounces the divorce, the divorce will have to be registered with the civil registry of the municipality of The Hague. From the moment of registration, you are officially divorced. Subsequently, you will still need to process your divorce abroad. In countries that are parties to the Brussels IIbis Convention, the divorce will be recognized (and valid). In other countries it will be different again and sometimes another court proceeding will be necessary.
Is a foreign marriage valid in the Netherlands?
If your marriage was solemnized abroad, it is advisable and also obligatory to register the marriage in the marriage register of the municipality of The Hague. Dutch law clearly states which foreign marriages are recognized. The municipality is the authority responsible for registering foreign marriages.
The advantage of registering your marriage with the municipality of The Hague is that in case of divorce, you do not need to request a copy of the marriage certificate from the country where you got married. With foreign marriages, this can sometimes be a complicated and lengthy procedure.
Can the divorce take place in a language other than Dutch?
To divorce in the Netherlands, you do not have to be proficient in Dutch. However, all official documents for the courts in the Netherlands must be written in Dutch or Frisian. The language of communication during oral proceedings at the court is also in Dutch or Frisian. At the hearing, a judge is sometimes willing to conduct the hearing in English. To be sure, it is better to have an interpreter (by telephone) present during the hearing.
Our office can conduct all contacts or meetings in English. We make sure everything is clear to you. For other languages, it is recommended that an interpreter be present (by phone) during the interviews. The letters or documents can then be translated into the other language before it is sent to the other party or the court, for example.
How long does the procedure of an international divorce take?
The divorce proceedings take a minimum of three weeks. In complex cases, where a court decision is required and there will be an oral hearing, the proceedings can last up to more than 1 year.
In an international divorce, the case takes longer than in a “normal divorce” if you do not agree together on the issues to be settled and the court has to make decisions about them. In this way, the defending party living abroad does not have six weeks to respond in writing to the divorce request but three months.
Do you need to come or live in the Netherlands for a divorce?
If you reside abroad, you do not need to come to the Netherlands to apply for a divorce or to contest the divorce or the requested provisions if you and your partner hold Dutch nationality. If you have Dutch nationality and your future ex-partner does not, you cannot file for divorce until after you have been registered in the Netherlands for at least six months. For non-Dutch citizens, a minimum period of one year applies.
We have extensive experience with modern forms of video conferencing such as Skype, Zoom, Google Meet and Microsoft Teams. Whether you live in the Netherlands or abroad; our quality and personal contact remain guaranteed. You are, of course, also welcome at our law firm in Maarssen – Utrecht.
Related articles
Want to stay up to date on the latest trends and developments, or delve deeper into cases we have assisted our clients with? We share current news and case studies in the form of blogs and real-life stories.
An international separation in the Netherlands, Germany, Australia and South Africa
From American dream to international divorce
Frequently Asked Questions (FAQ)
What is international family law?
International family law addresses legal issues involving multiple countries, such as divorces, alimony disputes, and cross-border parental authority. It determines which law is applicable and which court has jurisdiction to make a ruling.
How does an international divorce work?
In an international divorce, partners often need to determine which country has jurisdiction and which law applies. This depends on the residence of the parties and the location of the properties. European regulations, such as the Brussels II bis Regulation, may be applicable in this context.
How is alimony calculated in international divorces?
Alimony in international divorces is calculated according to the legislation of the country where the case is being handled. It can be challenging to enforce an alimony arrangement internationally, but with expert guidance, a fair solution can be achieved.
What is the role of an international family law attorney?
An international family law attorney assists with legal matters such as divorces, alimony, and parental authority when multiple countries are involved. The attorney advises on applicable law, the competent court, and ensures the legal processing in an international context.
When does a court have jurisdiction in an international divorce?
The jurisdiction of a court in an international divorce depends on the residence of the parties and where the marriage was contracted. European legislation, such as the Brussels II bis Regulation, often determines which court may handle the divorce.
What is parental authority in the case of an international relocation?
Parental authority in the case of an international relocation means that parents need each other’s consent or court approval to move with a child to another country. This protects the rights of both parents and the child.
Should I get divorced in the country where I got married?
No, you don’t always have to. In the Netherlands, the location of the marriage ceremony is irrelevant to the international jurisdiction of the court. The place of the marriage ceremony may well determine the applicable law. This depends on your nationality.
Is moving back to my home country with the children not child abduction?
It depends. You need permission from the other parent to move with the children. Without this permission, leaving with the children may be considered child abduction. If you do not get this permission, you can ask the court for substitute permission.
Can any lawyer handle international divorces?
No, family law is a specialized branch. Separations with an international aspect require specific knowledge. It is recommended that you hire a lawyer who specializes in international family law.
If the divorce takes place in the Netherlands, does it take place under Dutch law?
This depends on your situation. For each topic, national and international regulations are used to determine the applicable law. This may include a foreign legal system.
Should I respond to letters from foreign courts?
Yes, it is important to do respond to this. Ignoring these letters can lead to a foreign judgment ordering you to pay high alimony, for example. In most cases, this judgment can be enforced in the Netherlands.
Does the cause of the divorce matter?
In the Netherlands, the reason for the divorce does not matter. In some surrounding countries, however, the cause may be important to the course of divorce and its consequences.
What happens to our joint assets in an international divorce?
The distribution of joint assets in an international echo divorce can be complex, especially if those assets are located in different countries. The law applicable to the matrimonial property regime, along with international treaties, determines how assets are distributed. It is essential to seek legal advice to ensure fair and equitable distribution.
How is child support determined in international situations?
In international divorces, determining child support can be complicated, especially when parents live in different countries. Different countries have different criteria for calculating alimony. International treaties and local laws may affect the final decision.
What law applies to my international divorce?
The law applicable to an international divorce depends on several factors, such as the nationality of the spouses, the location of the marriage, and the country in which they currently reside. Determining the correct law can be complex, and it is advisable to seek legal advice.
What is an international separation and how is it different from a national separation?
An international divorce occurs when a couple from different countries or with different nationalities decide to end their marriage. This can create complications, such as choosing the competent court, applying different laws and recognizing the divorce in other countries.
Do I have to have my international divorce recognized in other countries?
Yes, it is often necessary to have the international divorce recognized in the countries where you have property or where you intend to live in the future. Recognition of divorce can vary from country to country, so it is important to get information on this.
What is international family law?
International family law addresses legal issues involving multiple countries, such as divorces, alimony disputes, and cross-border parental authority. It determines which law is applicable and which court has jurisdiction to make a ruling.
Should I get divorced in the country where I got married?
No, you don’t always have to. In the Netherlands, the location of the marriage ceremony is irrelevant to the international jurisdiction of the court. The place of the marriage ceremony may well determine the applicable law. This depends on your nationality.
Is moving back to my home country with the children not child abduction?
It depends. You need permission from the other parent to move with the children. Without this permission, leaving with the children may be considered child abduction. If you do not get this permission, you can ask the court for substitute permission.
Can any lawyer handle international divorces?
No, family law is a specialized branch. Separations with an international aspect require specific knowledge. It is recommended that you hire a lawyer who specializes in international family law.
If the divorce takes place in the Netherlands, does it take place under Dutch law?
This depends on your situation. For each topic, national and international regulations are used to determine the applicable law. This may include a foreign legal system.
Should I respond to letters from foreign courts?
Yes, it is important to do respond to this. Ignoring these letters can lead to a foreign judgment ordering you to pay high alimony, for example. In most cases, this judgment can be enforced in the Netherlands.
Does the cause of the divorce matter?
In the Netherlands, the reason for the divorce does not matter. In some surrounding countries, however, the cause may be important to the course of divorce and its consequences.
What happens to our joint assets in an international divorce?
The distribution of joint assets in an international echo divorce can be complex, especially if those assets are located in different countries. The law applicable to the matrimonial property regime, along with international treaties, determines how assets are distributed. It is essential to seek legal advice to ensure fair and equitable distribution.
How is child support determined in international situations?
In international divorces, determining child support can be complicated, especially when parents live in different countries. Different countries have different criteria for calculating alimony. International treaties and local laws may affect the final decision.
What law applies to my international divorce?
The law applicable to an international divorce depends on several factors, such as the nationality of the spouses, the location of the marriage, and the country in which they currently reside. Determining the correct law can be complex, and it is advisable to seek legal advice.
What is an international separation and how is it different from a national separation?
An international divorce occurs when a couple from different countries or with different nationalities decide to end their marriage. This can create complications, such as choosing the competent court, applying different laws and recognizing the divorce in other countries.
Do I have to have my international divorce recognized in other countries?
Yes, it is often necessary to have the international divorce recognized in the countries where you have property or where you intend to live in the future. Recognition of divorce can vary from country to country, so it is important to get information on this.
Please contact us
We are available from Monday to Friday, from 9:00 AM to 5:00 PM, at the phone number +31 (0)30 – 3078732.
