An international divorce occurs when partners do not have the same nationality or reside in different countries. This raises complicated issues regarding the competent court and the applicable law.
When is There an International Divorce?
A divorce is considered international if:
- The partners have different nationalities
- The partners live in separate countries
- The marriage was solemnized outside the Netherlands
- There are assets abroad
Which Court Handles the Case?
Within the EU, the Brussels IIter Regulation applies. The District Court of The Hague, under which Rijswijk falls, may be competent if:
| Criterion | Explanation |
|---|---|
| Habitual residence | Both partners reside in the Netherlands |
| Last shared residence | One of the partners still resides in the Netherlands |
| Residence of the respondent | The defendant resides in the Netherlands |
| Joint application | One partner has residence in the Netherlands |
| Nationality | Both partners are Dutch nationals |
Which Law is Applied?
The District Court of The Hague does not automatically apply Dutch law. This is determined by:
- The habitual residence of the partners
- A shared nationality
- The strongest connection to a country
- A choice of law made
Recognition of a Foreign Divorce
A divorce pronounced outside the Netherlands must be recognized in the Netherlands to be legally valid. For EU countries, this happens automatically, but for other countries, additional steps are required.
Specific Key Points
- Children: The Hague Convention on Child Protection 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 regime
Can I choose where to apply for my divorce?
In some cases, multiple courts are competent (forum shopping). The court approached first obtains exclusive jurisdiction. It can be tactically advantageous to divorce in a specific country due to more favorable rules on maintenance or division of assets.What if my partner resides abroad?
The District Court of The Hague can summon your partner abroad. The procedural time limits are then often longer. If your partner does not respond, the court may issue a default judgment.Is my foreign divorce recognized in Rijswijk?
Divorces from EU countries are recognized directly. For divorces from other countries, you must have them registered with the municipality of Rijswijk. Recognition may be refused if the procedure was not fair or conflicts with Dutch public policy.Frequently Asked Questions
What is an international divorce?A divorce with a foreign element, such as nationality or residence. Which law applies?
This depends on the residence and nationality of the partners. Where can I divorce?
Usually in the country where you reside, such as the Netherlands via the District Court of The Hague. Is my divorce recognized?
A Dutch divorce is recognized within the EU. Do I need a lawyer?
A lawyer specialized in international family law is strongly recommended.