Applying for an international separation

When can you apply for an international separation in the Netherlands?

You can apply for an international divorce in the Dutch court if the Netherlands has jurisdiction based on European jurisdictional rules. This is possible in any case if:

• you or your partner habitually reside in the Netherlands
• you had your last habitual residence together in the Netherlands and one of you still lives in the Netherlands
• you have Dutch nationality and live in the Netherlands
• you both have Dutch nationality, even if you live abroad

In other situations, the Dutch court may have jurisdiction based on an additional nationality rule or a forum non conveniens assessment. Depending on the circumstances, it is important to assess in a timely manner in which country the legal proceedings can best be initiated, as this has consequences for alimony, division of assets, and parental authority.

Are you living in the Netherlands as an expat? Read more about the specific situation on the divorce as an expat in the Netherlands page.

What do you need to arrange before you can apply for an international divorce?

An international divorce requires more preparation than a national divorce. Before the petition can be filed, the following questions must be answered:

1. Establishing jurisdiction

Which judge has jurisdiction? This is determined on the basis of the Brussels II-ter Regulation (within the EU) or national rules of private international law (outside the EU). Jurisdiction depends on the habitual residence of the parties and their nationality. In many cases, the country that first registers valid legal proceedings has jurisdiction — acting promptly is essential.

2. Determining the applicable law

Which legal system applies to the separation? The competent court does not automatically apply its own law. Based on the Rome III Regulation or national conflict rules, the law of another country may apply. In some situations, parties can make a choice of law themselves. The applicable law determines the rules for spousal alimony, division of assets, and prenuptial agreements.

3. Collecting documents

The following documents are generally required for international divorce legal proceedings:

• marriage certificate, translated and legalized if necessary
• proof of nationality for both parties (passport or ID card)
• proof of habitual residence (BRP extract or comparable foreign document)
• prenuptial agreement, if applicable, with translation
• documents regarding joint children, if relevant to the legal proceedings

Depending on the country of origin of the documents, an apostille or legalization may be required. Your lawyer can inform you about the specific requirements for your situation.

4. Choice: joint or unilateral petition

A Dutch international divorce can be applied for as a joint petition (both parties file together) or as a unilateral petition (the petitioner starts the legal proceedings, the other party files a defense). In the case of a joint petition, the legal proceedings are generally simpler and faster. In a unilateral petition, a court procedure is necessary.

How do the legal proceedings for an international divorce proceed step by step?

An international divorce in the Netherlands proceeds through the following steps:

1. Consultation and jurisdictional analysis. In an initial meeting, we assess your situation: place of residence, nationalities, country of marriage, children, and assets. Based on this, we determine whether the Dutch court has jurisdiction and which law is applicable.

• Establishing the applicable law. We analyze which legal system applies to alimony, division of assets, and prenuptial agreements. If a choice of law is possible, we discuss the advantages and disadvantages.

• Collecting and translating documents. We inform you which documents are required and whether translation or legalization is necessary. Foreign certificates must sometimes be provided with an apostille.

• Drafting and filing the petition. We draft the petition and file it with the competent Dutch court. In a joint petition, both parties sign; in a unilateral petition, the other party is summoned to file a defense.

• Court proceedings. The judge handles the petition. In a joint petition without children, this is often a written procedure. In a unilateral petition or complex points of dispute, a hearing follows.

• Court ruling. The judge pronounces the divorce. The decree becomes final after the appeal period has expired, unless an appeal is lodged.

• Registration in the BRP and possible recognition abroad. The divorce is registered in the Personal Records Database (BRP) of the municipality where you were married or registered. If the marriage was concluded abroad, recognition in that country may also be necessary. Within the EU, automatic recognition applies to many decisions under the Brussels II-ter Regulation; outside the EU, different rules apply.

Which matters can be arranged simultaneously with the divorce?

In an international divorce, additional requests can be included in the same legal proceedings. This is more efficient and prevents conflicting rulings in different countries. Common ancillary requests include:

• International spousal alimony: the amount and duration are determined by the applicable law, which may differ from the Dutch alimony system.
• Parental authority and access to children: when children live in another country or a parent wishes to relocate, additional rules apply. See also the relocation page.
• Division of assets: real estate, businesses, or bank accounts in multiple countries require a coordinated approach.
• Prenuptial agreements under foreign law: their validity and effect must be assessed based on the applicable law.

An integrated approach prevents separate legal proceedings from having to be conducted in another country for each matter. Depending on the circumstances, this can significantly reduce the processing time and costs.

How long does an international divorce take and what are the costs?

Processing time

The processing time for an international divorce depends on the complexity of the case, the chosen legal proceedings, and the court. In the case of a joint petition without major points of dispute, the legal proceedings can take several months. In a unilateral petition or complex international elements, such as multiple legal systems or assets in multiple countries, the legal proceedings may take longer.

Preparation, including collecting and translating documents, usually takes extra time in international cases.

Costs

The costs of an international divorce consist of court fees, lawyer fees, and potential costs for the translation and legalization of documents. Depending on the circumstances, costs for legal proceedings abroad may also play a role in the recognition of the ruling.

You can read more information about costs and rates on the legal costs page. In some situations, there is an entitlement to funded legal aid (subsidized legal assistance). Your lawyer can assess whether this applies to your situation.

Practical examples

Legal proceedings initiated in the Netherlands in case of a jurisdictional dispute

In one case, we assisted a client where the other party had already initiated legal proceedings in another European country. By initiating valid legal proceedings in the Netherlands in a timely manner, the jurisdiction of the Dutch court could be secured. This had direct consequences for the applicable alimony rules and the division of assets. Timely legal action proved to be decisive for the further course of this case.

Documents from multiple countries, legal proceedings in the Netherlands

In another case, the marriage was concluded in a country outside the EU. The required marriage certificate had to be legalized and translated before the petition could be filed. At the same time, it had to be determined whether the divorce would also be recognized in the country of marriage afterwards. By coordinating this in advance, the legal proceedings in the Netherlands proceeded without delay, and recognition abroad was arranged in a timely manner.

Joint petition with children in two countries

In one case, one of the parents already lived abroad at the time of the petition. The parties wanted to initiate joint legal proceedings, but child alimony had to be determined based on the applicable law, which differed from the Dutch system. We identified which law applied, determined the alimony based on that, and included this in the joint petition, so that separate legal proceedings could be avoided.

What does an international family law lawyer do when applying for an international separation?

In an international divorce, legal guidance is not an option but a necessity: the jurisdictional and choice-of-law issues are too complex for a DIY approach. In practice, we provide:

• the analysis of jurisdiction and applicable law based on your specific situation
• collecting and checking the required documents, including guidance on translation and legalization
• drafting and filing the petition with the competent court
• the coordination of ancillary requests such as alimony, parental authority, and division of assets
• guidance on registration in the BRP and possible recognition abroad

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

You can read more about our working method in international cases on the international family law lawyer page.

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