International divorce

One of the less obvious effects of globalisation is the growing number of international marriages world wide. Legally speaking, an international marriage is not limited to a family unit where the spouses have different nationalities. An English couple moving to The Netherlands and deciding to file for divorce in the host country, to use an obvious example, will have to deal with the international dimension of their relationship as well. First and foremost, they have to establish the law that would be applicable to their case.

More often than not, an international marriage will incorporate aspects that may be subject to different national legislations. Take the circumstances of filing for divorce; in Switzerland and Ireland divorce can be filed for only after a mandatory period of separation. The handling of matrimonial property and the division thereof will differ greatly in Great Britain and in The Netherlands. Spousal and child alimony and the duration thereof are dealt with differently and even the rather obvious question of paternity could be a cause for surprise, depending on the applicable law. International treaties on private law will add to the confusion, as legality and reality will greatly depend on the interpretation of the judge in the local courts.

In order to fine-tune their strategies, international couples filing for divorce in The Netherlands will first have to establish the competent court and the applicable (national) law for each of the aspects below:

- the divorce itself
- parental responsibility and custody for the children involved
- child alimony
- spousal alimony
- division of property and assets
- division of pension rights

GMW Advocaten has several (divorce) experts who are native English speakers with expat backgrounds themselves. Hence, our solid reputation for our handling of complex international divorce cases. We rely upon an extensive network of law firms throughout the world, with whom we collaborate, making sure that the information on the different rules and regulations in a particular country is incorporated correctly and at the right moment.

Information

Please contact Antoine de Werd for more information on the subject.

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