Applicable Law in Divorce Proceedings in Leiden

Applicable Law in Divorce Proceedings in Leiden

For residents of Leiden involved in an international divorce, it is essential to know which law applies to your divorce, particularly in cases involving marriages abroad or partners from other countries. This determines the rules for dissolution, division of assets, and spousal maintenance. In the Netherlands, and specifically at the Leiden District Court, we apply EU rules and national laws to determine the applicable law, ensuring your divorce is legally valid and recognized. Living in Leiden? The Juridisch Loket Leiden offers free initial advice.

What does applicable law mean for your divorce in Leiden?

Applicable law refers to the national law that sets the core rules for dissolving your marriage. This is separate from jurisdiction, i.e., which court – such as the Leiden District Court – is competent. In international cases in Leiden, it affects the procedure, grounds for divorce, and financial arrangements. Applying the wrong law can lead to invalid divorces or recognition issues elsewhere. Contact the Municipality of Leiden for marriage registration.

Example: You are a resident of Leiden, Dutch, married to a German, and previously lived in Belgium. The Leiden District Court may have jurisdiction, but which law applies? This article guides you through it. Also see our article on international divorce in Leiden.

Legal frameworks for Leiden residents

Applicable law in divorce proceedings falls under European and Dutch law, relevant for cases at the Leiden District Court:

• EU Regulation (EC) No 2201/2003 (Brussels IIbis): Deals with jurisdiction and recognition of EU divorces. The Leiden District Court often applies Dutch law.
• EU Regulation (EU) No 1259/2010 (Rome III): Allows choice of law of nationality or habitual residence, but the Netherlands does not participate, so limited applicability in Leiden.
• Dutch law: Title 12 Book 1 of the Dutch Civil Code (BW) and Conflict of Laws Act on Marriage and Divorce (WCE): Art. 151 BW and arts. 5-7 WCE prioritize the common habitual residence, ideal for Leiden residents.

Outside the EU, treaties such as the 2007 Hague Maintenance Convention apply.

Step-by-step guide to applicable law

1. Common habitual residence at the time of the application (art. 5(1) WCE), e.g., Leiden.
2. Last common habitual residence where one spouse still resides (art. 5(2)).
3. Nationality of both spouses (art. 5(3)).
4. Law of the forum state (Netherlands/Leiden) as a fallback (art. 5(4)).

In Leiden, you can choose a connected law (art. 6 WCE), preferably documented via a notary.

Practical examples for Leiden

Example 1: Both spouses from Leiden, lived in Spain for three years, returned. Leiden District Court applies Spanish law (art. 5(2) WCE), which may have stricter requirements.

Example 2: Woman from Leiden with French partner, both living in Leiden. Dutch law applies primarily (art. 5(1)), but marital property regime may be French.

Example 3: Expats from UK/US in Leiden. Dutch law subsidiarily at Leiden District Court; choice possible via written agreement.

Your rights and obligations in Leiden

Rights:

• Request determination of applicable law at Leiden District Court (art. 152 BW).
• Automatic EU recognition (Brussels IIbis).
• Child protection under the Hague Child Abduction Convention.

Obligations:

• Report international facts to the court.
• Comply with the determined law, even if stricter.
• Register the divorce with the Municipality of Leiden.

Frequently asked questions for Leiden