Which court has jurisdiction in an international divorce?

When Does the Dutch Court Have Jurisdiction?

Whether the Dutch court is competent depends on international rules and your personal situation.

Habitual residence

In many cases, the habitual residence of one or both spouses is decisive. If you reside permanently in the Netherlands, the Dutch court may be competent to grant the divorce.

Nationality

When both spouses have Dutch nationality, this can also be a ground for jurisdiction under certain circumstances, even if you live abroad.

Living abroad

Two Dutch nationals living abroad can sometimes still start divorce proceedings in the Netherlands. This depends on the specific circumstances and applicable international rules.

This is general information. Whether the Dutch court is competent in your situation requires a separate assessment.

When does a foreign court have jurisdiction?

The Dutch court is not always competent. It may happen that a court in another country is competent, for example when:

• your partner lives there;
• you have lived there together;
• proceedings were started there earlier.

Within the European Union, jurisdiction is largely determined by the Brussels II-ter Regulation. Outside the EU, other treaties or national rules may apply.

In some situations, a foreign court may decide on the divorce, while a Dutch court rules on ancillary provisions such as alimony. This depends on the countries involved and the specific legal basis.

What does “race to the court” mean?

When multiple courts are competent, it can be important who files a petition for divorce first.

The court where the petition is filed first remains competent in many cases. This is also known as the “race to the court.”

In international cases, this can be strategically relevant. Assessing jurisdiction in a timely manner can prevent proceedings from being started in another country before you have determined your position.

You can read more about strategic guidance in international divorces at:
https://simmelink.nl/familierecht/internationaal/echtscheidingsadvocaat/

Can one court decide on the divorce and another on alimony?

Yes, that is possible.

Jurisdiction for the divorce does not automatically mean that the same court is also competent for:

• spousal maintenance
• child support
• custody or access
• asset division

For alimony, different European rules sometimes apply than for divorce. In international situations, different courts may therefore become involved.

This makes a careful prior analysis essential.

How do we assess jurisdiction?

In an international divorce, we analyze, among other things:

• your habitual residence
• your partner’s place of residence
• nationalities
• previous or pending proceedings
• applicable European regulations or treaties

We then discuss which court is competent and which route is legally appropriate.

For substantive background on the international framework:
https://simmelink.nl/familierecht/internationaal/

For guidance in a cross-border divorce by an international divorce lawyer:
https://simmelink.nl/familierecht/internationaal/echtscheidingsadvocaat/

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