International Family Law Attorney

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 cases require legal guidance as soon as your personal or financial situation involves two or more countries. That sounds abstract, but in practice, there are concrete situations you can use to determine whether international family law applies to your situation.

Table: situations and legal consequences in international family law — Simmelink Lawyers, 2026. HCC = Hague Child Protection Convention.

In all these situations, the order of action is decisive. In many cases, the party who initiates proceedings first determines the country where the case is heard. Timely orientation with a specialized attorney prevents options from being lost before the procedure begins.

Read more about your specific situation: divorcing as an expat in the Netherlands or which court has jurisdiction.

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

For parents living in different countries, the child’s habitual residence determines which court has jurisdiction and which law applies to parental authority, residence, and contact arrangements. This follows from the Hague Child Protection Convention 1996, which applies in most European countries.

If the child’s habitual residence moves abroad, jurisdiction may shift to the court of the new country of residence. This makes the question of consent for relocation legally significant: without the consent of the other parent with parental authority or a court ruling, taking a child abroad is in principle unlawful (Art. 1:253a Dutch Civil Code).

We provide guidance on:

• relocation cases: substitute consent for relocation, for both the departing and the left-behind parent;
• international contact arrangements: enforceable in the country of destination via Brussels II-ter (EU) or the 1980 Hague Convention;
• international child abduction: return based on the Hague Convention on International Child Abduction 1980, with strict deadlines of usually six weeks;
• recognition of parental authority and contact decisions in another country.

Short statutory deadlines apply in child abduction cases. In an acute situation, consult a specialized attorney as soon as possible and contact the International Child Abduction Center (Cik.nl).

Assets, Alimony and Prenuptial Agreements

In an international divorce, three different legal systems may apply to the division of assets, alimony, and prenuptial agreements. Which law applies depends on the date of marriage, the nationality of the partners, and their habitual residence.

Table: applicable law per component in international divorce — Simmelink Lawyers, 2026.

Foreign prenuptial agreements are only recognized in the Netherlands if they are valid under the law of the country of origin and if recognition is not contrary to Dutch public policy. If the agreements are valid, they also determine how the assets are divided, even if the Dutch court grants the divorce.

An agreement regarding alimony or assets must not only be substantively correct but also enforceable in the country where your ex-partner resides. Within the EU, enforcement takes place via EC Regulation 4/2009. Outside the EU, national procedures per country apply, which sometimes require an additional court procedure.

We advise on international alimony, the division of international assets, and the recognition of foreign judgments. We ensure that arrangements are legally valid and enforceable in all countries involved.

Based on Real Cases

Jurisdictional question in a divorce between partners with different nationalities in two EU countries

The central question in this case was in which EU country the divorce proceedings should be started and which law applied to alimony and the division of assets, involving partners with different nationalities who each lived in a different EU country.

The situation was complicated because more than one court had jurisdiction under Brussels II-ter, and there was a real risk that the other party would be the first to start proceedings abroad. We analyzed which deadlines applied, which forum was most favorable, and which law would apply to each part of the case.

Based on that analysis, a well-considered strategic choice was made regarding the timing and location of filing. Attention was also paid to the recognition of the outcome in both countries.

Substitute consent for relocation with children to another EU country

The central question was whether the Dutch court could grant substitute consent for the relocation of two minor children to another EU country, and which criteria are decisive when the left-behind parent refuses.

We mapped out the legal position of both parents and analyzed the criteria the court would use to assess the best interests of the child: the continuity of contact with both parents, the feasibility of a cross-border contact arrangement, and the factual consequences of the move.

Based on that analysis, a litigation strategy was determined. Ultimately, a contact arrangement was established that safeguards contact with both parents and is enforceable in the country of destination.

Foreign prenuptial agreements in a Dutch divorce

The central question was which law applied to the division of assets in a divorce in the Netherlands, where the parties had married abroad before 2019 under prenuptial agreements subject to foreign law.

Because the marriage was concluded before the entry into force of EU 2016/1103, national PIL applied instead of the Matrimonial Property Regulation. We established the applicable law at an early stage and assessed the validity and content of the foreign prenuptial agreements according to the law of the country of origin.

By mapping out the conflict-of-laws situation before the hearing, the consequences for the division of assets could be estimated and the procedure could be organized in an orderly manner.

Method of operation in international family cases

Our guidance in international family matters follows a fixed approach, adapted to the complexity of your situation.

1. Inventory of your situation: nationalities, places of residence, assets, and relevant documents.
2. Analysis of jurisdiction and applicable law for each component of your case.
3. Strategic advice on the best approach: timing, forum, and route (consultation, mediation, or litigation).
4. Execution: drafting and filing petitions, correspondence with foreign attorneys and courts.
5. 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.