International divorce

When is it considered international divorce or foreign divorce?

An international divorce is applicable when there are international elements involved in the marriage:

• you and/or your (former) partner live abroad;
• You are living or working as an expatriate in the Netherlands;
• you and/or your partner have foreign nationality;
• the minor children live with a parent abroad;
• you got married abroad;
• You are married to a partner who does not have Dutch nationality;
• you have assets abroad with your partner
• pension has been accrued abroad during the marriage

Determining the jurisdiction of the Dutch court.

When international aspects are involved, such as residence or domicile abroad or a partner with foreign nationality, we first examine which court of which country has jurisdiction or which courts of which countries have jurisdiction.
If the Dutch court has jurisdiction, the divorce, including a request for spousal maintenance or child support, can be handled by a Dutch court, for example. Learn more about which court has jurisdiction in an international divorce.

As Dutch citizens, you have the option to pursue divorce proceedings abroad.

If you or your partner live abroad and both of you hold Dutch nationality, you can apply a request for divorce with a Dutch court. It is possible even if you both reside abroad.

We have extensive experience in handling divorces remotely, providing you with advice and managing your divorce. We use email and video discussions such as Zoom, Google Meet or Microsoft Teams.

The quality and personal contact are guaranteed, and your privacy is maintained because we work with high-security measures.

Divorce from untraceable foreign partner

If you want to divorce your foreign partner in the Netherlands to dissolve the marriage with a foreign partner whose residence or residential address is unknown, you must file a unilateral petition for divorce with the court.

Marital property: community of property or prenuptial agreement

The Netherlands is a party to various treaties concerning international aspects applicable to marital property. If spouses or registered partners have not entered into a prenuptial agreement, and international aspects apply, it is important to know during which period they got married:

• the marriage occurred after Sept. 1, 1992, and before Jan. 29, 2019;
• the marriage was contracted on or after Jan. 29, 2019.

Want to know more? Then read the page on applicable matrimonial property law in international aspects, where we discuss in more detail the international aspects of:

• community of property;
• limited community of property;
• prenuptial agreement.

Frequently asked questions about international divorce

Is the Dutch divorce valid abroad?

After the judge pronounces the divorce, the divorce will have to be registered with the civil registry of the municipality of The Hague. From the moment of registration, you are officially divorced. Subsequently, you will still need to process your divorce abroad. In countries that are parties to the Brussels IIbis Convention, the divorce will be recognized (and valid). In other countries it will be different again and sometimes another court proceeding will be necessary.

Is a foreign marriage valid in the Netherlands?

If your marriage was solemnized abroad, it is advisable and also obligatory to register the marriage in the marriage register of the municipality of The Hague. Dutch law clearly states which foreign marriages are recognized. The municipality is the authority responsible for registering foreign marriages.

The advantage of registering your marriage with the municipality of The Hague is that in case of divorce, you do not need to request a copy of the marriage certificate from the country where you got married. With foreign marriages, this can sometimes be a complicated and lengthy procedure.

Can the divorce take place in a language other than Dutch?

To divorce in the Netherlands, you do not have to be proficient in Dutch. However, all official documents for the courts in the Netherlands must be written in Dutch or Frisian. The language of communication during oral proceedings at the court is also in Dutch or Frisian. At the hearing, a judge is sometimes willing to conduct the hearing in English. To be sure, it is better to have an interpreter (by telephone) present during the hearing.
Our office can conduct all contacts or meetings in English. We make sure everything is clear to you. For other languages, it is recommended that an interpreter be present (by phone) during the interviews. The letters or documents can then be translated into the other language before it is sent to the other party or the court, for example.

How long does the procedure of an international divorce take?

The divorce proceedings take a minimum of three weeks. In complex cases that require a judge’s decision and involve an oral hearing, the procedure can take more than 1 year.
In an international divorce, the case takes longer than in a “normal divorce” if you cannot agree together on the issues to be settled and the court must make decisions about them. In this way, the defending party living abroad does not have six weeks to respond in writing to the divorce request but three months.

Do you need to come or live in the Netherlands for a divorce?

If you live abroad, you do not have to come to the Netherlands to file for divorce or defend the divorce or the requested relief if you and your partner have Dutch nationality. If you have Dutch nationality and your future ex-partner does not, you cannot file for divorce until after you have been registered in the Netherlands for at least six months. For non-Dutch citizens, a minimum period of one year applies.

We have extensive experience with modern forms of video conferencing such as Skype, Zoom, Google Meet and Microsoft Teams. Whether you live in the Netherlands or abroad; our quality and personal contact remain guaranteed. You are, of course, also welcome at our law firm in Maarssen – Utrecht.