International divorce in the Netherlands
While many divorce arrangements must still be agreed, the good news is that obtaining a divorce is easier in the Netherlands.
Yes you can
In many cases, it is possible to get divorced in the Netherlands, even if you are not a Dutch national or were married in another country. This means that a Dutch court has jurisdiction to deal with the divorce. It does not, however, automatically mean that Dutch law applies. The next question is which country’s law applies to the divorce.
International
In an international divorce, it is important to determine which country’s law applies. This is not necessarily the law of the country where you get divorced. Your nationality, places of residence, marriage location and any prenuptial or postnuptial agreement may all play a role.
The law which applies to your divorce will determine your rights and obligations, so it’s extremely important. The financial consequences of marriage and divorce differ per country. For example, if a foreign law applies to determining maintenance, you may not be entitled to maintenance or have only a limited right under that foreign law.
If you can get divorced in more than one country, applications will be treated on a “first come, first served” basis. So if you wish to get divorced in the Netherlands, you must apply for divorce in the Netherlands first.
Together or apart
If you and your spouse both agree on getting divorced and you can negotiate the terms of your divorce, then you can file a joint petition for divorce. This is the fastest way to get divorced.
If you cannot reach an agreement on the terms of your divorce, then you can file an individual petition for divorce with the help of a lawyer. This will not affect your rights.
No-fault
You do not need to provide a reason to get divorced in the Netherlands and all divorces are considered no-fault. All that is required is that at least one party asserts that the marriage has irretrievably broken down.
No separation period is necessary and you can file for divorce while still living in the same house.
Divorce process
- Confirm that you can get divorced in the Netherlands.
- Find a lawyer or a mediator-lawyer (you cannot represent yourself).
- Get proper advice about your rights and options and discuss your wishes and choices with your lawyer or mediator.
- Go through the legal process of a divorce.
Need advice?
Our team of family law experts can assist you in English and help you navigate even the most complex divorce. Contact us to discuss your situation.
Further information
Read quick answers to the Top 10 FAQ about divorce for expats living in the Netherlands and get the full whitepaper here: Top 10 FAQ about divorce
