Finally clarity on application of Labour Relations Decree in international employment. In its judgment of 24 February 2012, the Supreme Court of the Netherlands ruled on the application of article 6 of the Dutch Labour Relation Decree (LRD, in Dutch: BBA) in international employment relations and broadened the LRD’s scope in this regard.

It looks as if there is no end to the continual stream of changes in national and international family law. I have already discussed the Community of Property (Adjustment) Act, which came into force on 1 January 2012, in previous web logs:

Regime of general community of property Part 1: A thing of the past?

Regime of general community of property Part 2: Reference date

Regime of general community of property Part 3: Compensation rights

Recent changes in the law

In addition, the Central Authority lost its monopoly position with respect to child abduction cases on 1 January 2012. The new maintenance regulations and the new Child Protection Convention came into force for ‘new’ disputes a short while ago (see my article: Changes in international family law). 

Book 10 of the Dutch Civil Code

One drastic change in the law is the implementation of Book 10 of the Dutch Civil Code. This part of the Civil Code focuses on private international law in a general sense, and is primarily a codification of various existing regulations governing international private law. This is certainly not limited to international family law: it is also important with respect to company law, employment law, property law, contract law and many more. I would like to bring the most significant change in international divorce law to your attention in this web log: this is the implementation of Book 10 Article 56 of the Civil Code. This article states that if a petition for divorce is filed in the Netherlands, the question of whether a divorce can be granted is answered on the basis of Dutch law as a general rule, unless the parties have agreed otherwise. A so-called three-stage rocket was in force in the past, in which the parties’ nationality and habitual residence were major factors in determining the applicable law. From now on, however, Dutch law will apply to divorce petitions filed by e.g. married expatriates seeking a divorce, even if both spouses hold different joint nationality. Apart from a few minor changes, the regulations in other areas of family law will basically remain the same. The regulations have now been incorporated into one single legal code instead of forming a tangle of different minor laws. However, the prime consideration in this respect is that EU regulations and international treaties will continue to have priority over Book 10 of the Dutch Civil Code. If an issue is provided for in a regulation or treaty, Book 10 of the Civil Code will not apply.

If you would like to find out more about Book 10 of the Civil Code or other developments in the field of national and international family law, please feel free to contact me at any time. 

Each year, the Minister of Justice determines the alimony index. For 2012, the percentage is 1,3%, meaning that the allowance concluded in your divorce convenant or Court order will be automatically raised with 1,3% as of 1st January 2012. This percentage is based on the wage index which is determined by Statistics Netherlands (Centraal Bureau voor de Statistiek/CBS).

From a legal point of view, child abduction happens when the child is removed from his or her habitual place of residence by one of the parents – or any adult, for that matter, acting on behalf of the other parent – without the consent and agreement of the (other) custodian or parent. 

In the EU, most matters of international family law are regulated by the European Commission, drawing on the Hague Conference on International Private Law. Recently, legislative efforts in Brussels and The Hague have resulted in three significant changes, which will reshape some core aspects of international family law.

As per 1 January 2012, a legislative proposal on general community of goods and property takes effect, as announced in my previous weblogs (Part 1 and Part 2). What does this mean for divorcing couples? In order to shed some light on the practicalities, I am listing some of the changes that will affect couples filing for divorce under the new provisions.

As per 1 January 2012,  legislative proposal on general community of property regime takes effect, as announced in my previous weblog. What does this mean for divorcing couples?
In order to shed some light on the practicalities, I am listing some of the changes that will affect couples filing for divorce under the new provisions.

A reform of the matrimonial regime of general community property, takes effect on 1 January 2012. This marks the end of a long debate, engaging all levels of the political spectrum, on what needed to be changed in the existing system and to what extent. In this web log I'll give some general information, in my 2 following web logs I'll elaborate on the consequences for divorcing couples.

The Dutch Central Office for Statistics has registered a steep rise in registered partnerships lately, especially in relationships where both partners are 40 and older. Far from being accidental, this rise reflects the assumption that dissolving a registered partnership is easier than getting divorced. True, in principle; however, think twice, if and where there are children involved.

In Holland an employee who has an indefinite contract can not be dismissed without the prior approval of a sub district court and / or the so called UWV Werkbedrijf. An employer must therefore file for dismissal. This is determined in article 6 of The BBA, Extraordinary Labour Relations Decree.