An international divorce arises when partners have different nationalities or residences in multiple countries. This raises complicated questions about the competent court and the applicable law.
When is There an International Divorce?
A divorce takes on an international character if:
- The partners do not have the same nationality
- The partners reside in separate countries
- The marriage was solemnized outside the Netherlands
- There is property abroad
Which Court Has Jurisdiction?
Within the EU, the Brussels II ter Regulation applies. The Dutch court, such as the District Court of The Hague, Leiden location, may have jurisdiction if:
| Criterion | Explanation |
|---|---|
| Habitual residence | Both partners reside in the Netherlands |
| Last joint residence | One of the partners still resides there |
| Residence of the respondent | The defendant partner resides in the Netherlands |
| Joint application | At least one partner resides in the Netherlands |
| Nationality | Both partners have Dutch nationality |
Which Law is Applied?
The Dutch court does not automatically apply Dutch law. This is determined by factors such as:
- The habitual residence of the partners
- A shared nationality
- The closest connection to a particular country
- A deliberate choice of a legal system
Recognition of a Foreign Divorce
A divorce pronounced abroad must be recognized in the Netherlands to be valid here. Within the EU, this happens automatically; outside the EU, additional conditions apply.
Specific Considerations
- Children: The Hague Child Protection Convention governs the applicable law
- Maintenance: A specific EU regulation applies to maintenance issues
- Division of assets: Matrimonial property law may fall under a different legal system
Can I choose where to divorce?
In some cases, multiple courts have jurisdiction (forum shopping). The court approached first acquires exclusive jurisdiction. It can be advantageous to divorce in a specific country due to favorable rules on maintenance or division of assets.What if my partner lives outside the Netherlands?
The court, such as the District Court of The Hague, Leiden location, can summon your partner, even if they live abroad. The time limits are often longer. If there is no response, the court may issue a default judgment.Is my foreign divorce accepted in the Netherlands?
Divorces within the EU are recognized directly. For divorces outside the EU, registration with the municipality is required, which may be refused if the procedure was not fair or contravenes Dutch public order.Frequently Asked Questions about International Divorce
What is an international divorce?
A divorce with a foreign element, such as nationality or residence.
Which law applies?
This depends on factors such as the residence and nationality of the partners.
Where can I divorce?
Usually in the country where one or both partners reside.
Is a Dutch divorce recognized abroad?
Within the EU, it is automatically recognized.
Is a lawyer necessary?
Engaging a specialist in international family law is strongly recommended.
In Short
An international divorce is complex and often requires expert guidance.
Key Points
- Residence plays a crucial role
- Recognition within the EU is usually not an issue
Relevant Institutions in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46