In brief
An International Family Law Attorney guides you through legal issues where multiple countries, nationalities, or legal systems play a role.
- In an international divorce, it must first be determined which court has jurisdiction and which law applies: this determines the outcome for all other components.
- Questions regarding custody, residence, and contact with children across borders are assessed based on the child’s habitual residence and international treaties.
- The division of assets and prenuptial agreements may be subject to foreign law, even if the Dutch court has jurisdiction.
- A foreign ruling on divorce, alimony, or custody requires recognition before it can be enforced in the Netherlands or another country.
- In many cases, timely legal guidance is decisive: the order of filing with the court can determine which law is applicable.
What does an International Family Law Attorney do?
An International Family Law Attorney advises and litigates in cases involving more than one country. International family law is the body of rules that determines which court has jurisdiction, which law applies, and how decisions are recognized and enforced across borders.
Simmelink Lawyers specializes in situations where Dutch and foreign law intersect. We guide Dutch clients and international families through divorce, custody, alimony, and assets. We work in Dutch and English and assist clients in more than twenty countries.
Do you have questions about your international situation? Discuss your situation in a consultation.
When should you engage an International Family Law Attorney?
International family law applies as soon as your personal or financial situation crosses borders. This is the case, for example, when:
- you or your partner have a different nationality or live abroad;
- you were married abroad or have prenuptial agreements drawn up under foreign law;
- there is joint custody while the other parent lives in another country;
- you want to know which court has jurisdiction or which law applies;
- there are assets, a business, or pension rights in multiple countries;
- you live in the Netherlands as an expat and are considering a divorce. Read more about divorcing as an expat in the Netherlands.
The child’s habitual residence, the nationality of the partners, and the place of marriage or assets can be decisive for the applicable rules. Depending on the circumstances, European regulations or international treaties apply.
Which court has jurisdiction and which law applies?
The first step in any international family file is determining which court has jurisdiction. Jurisdiction and applicable law are two separate questions: a Dutch court may have jurisdiction while foreign law applies to the alimony or the division of assets.
Jurisdiction
Within the European Union, the Brussels II-ter Regulation serves as the leading framework for divorce and custody. The habitual residence of the spouses or the child is often decisive. Outside the EU, other treaties or national rules apply.
In some situations, multiple courts have jurisdiction. The order of filing can then determine which country handles the proceedings. This is also known as a ‘race to the court’ and requires a strategic assessment beforehand.
Applicable law
Different legal systems may apply to the international divorce, alimony, and the division of assets. Foreign prenuptial agreements are only recognized in the Netherlands if they meet the requirements of the country of origin. We assess which law applies to each component and what that means for your situation.
If you are unsure about the strategy to follow, you can also request a second opinion on international family law.
Children and Custody across Borders
When parents live in different countries, questions often arise regarding custody, residence, and visitation arrangements. The court looks at the child’s habitual residence, the bond with each country, and the importance of stability.
If the other parent does not grant permission for a move abroad, substitute consent from the court is required. We advise and litigate in relocation cases, both for the parent wishing to move and for the left-behind parent.
Sometimes international child abduction plays a role: when a child has been taken to another country without permission. In that case, international treaties apply, including the Hague Convention on International Child Abduction, which determine how quickly a child must be returned. Depending on the circumstances, strict deadlines apply.
Assets, Alimony and Prenuptial Agreements
In an international divorce, the question arises as to which law applies to the division of assets and partner alimony. In many cases, the law of the country where the marriage was concluded or where the spouses had their habitual residence applies.
Do you have foreign prenuptial agreements? We will then assess whether these are valid and whether the Dutch court can apply them. Regarding international alimony, we also investigate which country has jurisdiction and which enforcement treaties apply.
We ensure that agreements regarding assets and alimony are legally valid and enforceable in the Netherlands as well as in the relevant foreign country. This prevents double proceedings and invalid rulings.
Based on Real Cases
Partners with different nationalities in two EU countries
In one case, we assisted a client with a divorce where the partners held different nationalities and resided in two different EU countries.
The central question was in which country the proceedings should be initiated and which law applied to alimony and the division of assets.
By conducting a timely analysis of the applicable deadlines and determining the most favorable forum, a well-considered strategic choice could be made. Attention was also given to the recognition of the outcome in both countries.
Parent wishing to relocate abroad with children
In one case, we assisted a parent who wished to relocate to another European country with the children for work-related reasons. The other parent did not grant consent.
We mapped out the legal positions of both parents, analyzed which court had jurisdiction, and determined which criteria would be used to assess the best interests of the child. Based on this, a clear litigation strategy was established.
Dutch nationals married abroad, divorce with foreign prenuptial agreements
In one case, we assisted a client who had married abroad under prenuptial agreements subject to foreign law. Upon divorce, it was not immediately clear which law applied to the division of assets. By establishing at an early stage which law governed the case and which rules were applicable, the proceedings could be structured in an orderly manner without unexpected complications.
Method of operation in international family cases
Our guidance in international family matters follows a fixed approach, adapted to the complexity of your situation.
- Inventory of your situation: nationalities, places of residence, assets, and relevant documents.
- Analysis of jurisdiction and applicable law for each component of your case.
- Strategic advice on the best approach: timing, forum, and route (consultation, mediation, or litigation).
- Execution: drafting and filing petitions, correspondence with foreign attorneys and courts.
- Monitoring the recognition and enforcement of the outcome in all countries involved.
Depending on your situation, we act as litigation counsel, advisor, or as a second opinion attorney. We collaborate with an international network of specialized attorneys. Read more about our divorce attorney services within family law.
About the author
Written by Carla Simmelink, attorney in family law and private international law at Simmelink Lawyers. Carla assists clients in national and international family cases, with a particular focus on cross-border proceedings, jurisdictional issues, and the application of European family law.
Discuss your international situation
Do you want to know in which country you can divorce, or which law applies to your family or assets? Ensure you are well-informed beforehand about the possibilities and the strategy to be followed.
Schedule a consultation — by telephone or via video call.
Do you already have an ongoing procedure and do you have doubts about the strategy followed? Request a second opinion on international family law.
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.
Carla Simmelink – Family Law Attorney, International Family Law and Inheritance Law
Family Law Attorney, International Family Law and Inheritance Law
Valerie Lingg – Family Law Attorney, International Family Law
Family Law Attorney, International Family Law
Eva Zaunbrecher-Boschloo – Family Law Attorney, International Family Law
Lawyer at Law (International) Family Law
Our lawyers are approachable, respond quickly, and keep you continuously informed about the progress of your case.
Frequently Asked Questions
International family law applies as soon as your personal or financial situation involves two or more countries. This could be due to a foreign nationality of you or your partner, a marriage abroad, residence in multiple countries, or assets across borders. In those situations, it must be determined which court has jurisdiction and which law applies. This is general information and does not constitute individual legal advice.
In many cases, the Dutch court has jurisdiction if you live in the Netherlands yourself or have Dutch nationality. Within the EU, the Brussels II-ter Regulation serves as the leading framework. Depending on the circumstances, a foreign court may also have jurisdiction. Read more about international divorce and the possible routes.
Jurisdiction and applicable law are two separate questions. A Dutch court may have jurisdiction while foreign law applies to alimony or the division of assets. Which law applies depends on treaties, nationality, habitual residence, and any prenuptial agreements. Every situation requires its own assessment.
If multiple courts have jurisdiction, the order of filing can determine which country handles the proceedings. The choice of forum has consequences for the duration, costs, and applicable law. An International Family Law Attorney can advise on strategic timing and the choice of forum.
A ruling by a foreign court requires recognition before it has legal effect in the Netherlands. Within the EU, automatic recognition applies based on European regulations. Outside the EU, the procedure depends on bilateral treaties or national rules. Depending on the circumstances, an additional procedure before the Dutch court may be necessary.
