Divorcing as an expat in the Netherlands

When can an expat divorce in the Netherlands?

In many cases, the Dutch court has jurisdiction if you have your habitual residence in the Netherlands.

Habitual residence is not determined solely by nationality or passport, but by factual circumstances such as:

• duration of stay in the Netherlands
• registration in the Personal Records Database (BRP)
• work, children’s school, and social ties
• intention to reside here

The Netherlands may also have jurisdiction in the case of temporary contracts, secondment, or an expat package. This depends on the specific situation.

Read more about international jurisdiction at which court has jurisdiction in an international divorce.

Which law applies to an expat divorce?

The fact that the Dutch court has jurisdiction does not automatically mean that Dutch law applies. Both questions are answered separately.

Depending on the circumstances, foreign law may apply to:

• division of assets and matrimonial property law
• spousal maintenance
• certain prenuptial or postnuptial agreements

In international marriages, a careful analysis of the applicable law in an international divorce is essential before agreements are made.

Read more about applicable law in international divorce at international divorce.

Expats and international asset structures

Expats frequently have financial interests in multiple countries. This can lead to additional questions regarding the division of assets.

Common situations include:

• foreign bank accounts and investments
• real estate in the country of origin
• pension rights built up in multiple countries
• shares, participations, or stock options through an international employer
• expat schemes, bonuses, or international employment contracts

The applicable matrimonial property law determines how these components are assessed and divided. When multiple legal systems are involved, this requires careful prior analysis.

Dutch nationals and expats living abroad

The situation differs when you do not live in the Netherlands but reside abroad as a Dutch national. In that case, the Dutch court does not automatically have jurisdiction based on residence.

Nevertheless, the Dutch court may have jurisdiction in certain situations, for example:

• when both parties have Dutch nationality
• when one of the partners still lives in the Netherlands
• when a procedure was previously started in the Netherlands (lis pendens)

For Dutch nationals abroad, the recognition of the divorce in the country of residence and the enforceability of agreements regarding alimony and assets also play an extra role.

For guidance on international divorces outside the Netherlands, we refer to international divorce.

Residency status and divorce

Sometimes one of the partners is dependent on a residence permit linked to the marriage or the other partner’s work.

A divorce can then have consequences for:

• the right of residence in the Netherlands
• the renewal or continuation of the residence permit
• lawful residence after the end of the expat contract

This primarily falls under immigration law. It is advisable to assess these aspects in conjunction with the divorce proceedings to avoid unexpected consequences.

Recognition of the Dutch divorce abroad

Many expats want certainty that a divorce granted in the Netherlands also has legal effect in their country of origin.

The possibilities vary by country:

• Within the European Union, recognition is in many cases regulated via European regulations.
• Outside the EU, recognition depends on bilateral treaties or the national legislation of the country in question.
• In some countries, additional procedures or apostilles are required.

It is recommended to identify international recognition issues in advance, especially if you wish to remarry or settle asset matters in another country after the divorce.

Moving after the divorce: what factors are involved in relocation?

After an expat divorce, the desire often arises to return to the country of origin or to start over elsewhere.

When minor children are involved and both parents have joint custody, the other parent’s consent is required for a move abroad. If that consent is missing, substitute consent can be requested from the court.

Read more about the procedure for moving with children at relocation.

How do we assist expats during divorce?

We assist expats with divorces involving international characteristics. Our approach typically consists of:

1. Analysis of jurisdiction and residency situation
2. Determining the applicable law for assets, alimony, and prenuptial agreements
3. Inventory of international assets
4. Scenario comparison: consultation, mediation, or legal proceedings
5. Attention to international enforceability and recognition of the ruling

Throughout the entire process, you will have a dedicated lawyer who maintains the overview and coordinates the international aspects.

For extensive information on international divorces and our working method, we refer to international family law lawyer.

Case Example

We assisted an expat who had been working in the Netherlands for several years via an international employment contract. His partner had a different nationality and there were two minor children. The question was which court had jurisdiction and which law applied to the division of the matrimonial property, part of which was held abroad.

By first identifying the legal situation before negotiations began, both parties were able to reach an agreement based on clear legal frameworks.

Written by Carla Simmelink, international family law lawyer at Simmelink Lawyers.