International divorce for expats

If you live in the Netherlands, the answer in most cases is yes, you can probably get divorced here in the Netherlands, regardless of your nationality. If you are currently not living in the Netherlands and do not have the Dutch nationality, it may be that you cannot get a divorce in the Netherlands.  A lawyer can give you more certainty about this.

If you can get a divorce in the Netherlands, the divorce itself will take place under Dutch law. This means that you do not need a reason to divorce. If one of the spouses wants a divorce, it will be pronounced.

The fact that Dutch law applies to the divorce itself does not mean that Dutch law applies to all the different topics of the divorce. It may be that Dutch law applies to the divorce, but that the law of another country applies to, for instance, maintenance or the division of the matrimonial property. Being able to get divorced here just means the Dutch courts can rule on your divorce – not that Dutch law will apply to any aspect of it.

If you can get a divorce in the Netherlands, the next step is to determine which law applies to each of the various subjects that are dealt with during a divorce. These various subjects include the divorce itself, children, maintenance, alimony, pensions and the division of assets.

If you have made (legal) agreements before or during the marriage about which law applies to the subjects then, in principle, these agreements apply. If you have not made such agreements, it must be determined for each subject which law applies. In the Netherlands, we look at the applicable treaties for this.

The legal system matters because the financial consequences of marriage and divorce differ per country.

If Dutch law applies to your matrimonial property and you did not arrange anything before or during your marriage (you did not make a prenuptial agreement), then if you were married after 1 January 2018, it means that you were married in a limited community of property. Everything you and your spouse acquired during the marriage (except inheritances and gifts under exclusion clause) should be divided in half in the event of divorce.

If a foreign law applies to the matrimonial property, the financial consequences in the event of divorce may differ from the 50-50 division under Dutch law. The same goes for partner alimony and child maintenance. It may be that not Dutch law, but a foreign law applies to determining maintenance. As a result, you may not be entitled to maintenance or have only a limited right under foreign law.

Our lawyers can help you determine which law applies and provide insight into the consequences this has for you.