FAQs about international divorce

Can I get divorced in the Netherlands if I was married abroad? 

In many cases, yes.

A foreign marriage can often be recognised in the Netherlands, allowing the Dutch courts to have jurisdiction over the divorce proceedings.

Which country's law applies to my divorce?

This depends on factors such as your nationality, where you live, where you were married, and any agreements you have made. The law governing the divorce itself may differ from the law governing property, maintenance, or parental responsibility.

Can we divorce in the Netherlands if we have different nationalities?

Yes. Couples with different nationalities can often divorce in the Netherlands if one or both spouses have sufficient ties to the country.

Do both spouses need to live in the Netherlands?

Not necessarily. In some situations, only one spouse needs to reside in the Netherlands for the Dutch courts to have jurisdiction.

What happens if my spouse lives in another country?

An international divorce is still possible. Additional rules may apply regarding court jurisdiction, service of documents, and the recognition of the divorce abroad.

Which country's rules apply to our assets?

The law applicable to your matrimonial property regime may depend on where and when you married, your nationality, and where you established your first habitual residence after marriage.

What happens to property located abroad?

Foreign property may need to be taken into account during the divorce. The treatment of real estate, investments, or bank accounts abroad will depend on the applicable law and the country in which the assets are located.

How is child support determined in an international divorce?

If the children live in the Netherlands, Dutch law will generally apply to child support. The amount is typically determined based on the needs of the children and the financial circumstances of both parents, using the Dutch guidelines and calculation methods.

In international cases, additional questions may arise regarding the income earned abroad, foreign currencies, or the enforcement of child support in another country. However, when the children are habitually resident in the Netherlands, child support is usually assessed under Dutch law.

How is spousal maintenance determined?

The law applicable to spousal support depends on the circumstances of the case and the relevant international rules. In many cases where both spouses live in the Netherlands, Dutch law will apply. However, international divorces may involve additional considerations, particularly where different nationalities or countries are involved.

During mediation, these issues can be identified at an early stage so that parties have clarity about their legal position and can make informed decisions.

What happens if we have children and one parent wants to move abroad?

Relocation of children to another country usually requires the consent of the other parent or, in some cases, permission from the court.

Can mediation be used in an international divorce?

Yes. Mediation is often particularly suitable for international couples because it allows parties to discuss practical and legal issues together, even when different legal systems are involved.

Is an international divorce more expensive than a domestic divorce?

It can be, especially when legal advice is required in multiple jurisdictions or when assets and children are located in different countries. Mediation often helps reduce costs and complexity.

Will a Dutch divorce be recognised in another country?

In many countries, yes, but the recognition process depends on the country concerned. It is important to verify whether additional steps are required.

How long does an international divorce take?

The duration varies depending on the complexity of the case, the countries involved, and whether agreements can be reached through mediation.

Can we reach agreements ourselves instead of going to court?

In many cases, yes. Through mediation, couples can often make agreements regarding children, finances, maintenance, pensions, and property, which can then be incorporated into the legal divorce process.